Fiori et al v. Dell, Inc, et al, No. 5:2009cv01518 - Document 170 (N.D. Cal. 2010)

Court Description: STIPULATION AND ORDER Granting Extension of Time for Submission of Preliminary Approval Motion re 169 Stipulation. Deadline to file Motion and supporting documents due 11/8/2010. The Motion for preliminary approval remains as previously scheduled for 11/22/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 11/2/2010. (ecg, COURT STAFF) (Filed on 11/2/2010)

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Fiori et al v. Dell, Inc, et al 1 2 3 4 Doc. 170 Sean P. DeBruine (SBN 168071) ALSTON & BIRD LLP Two Palo Alto Square 3000 El Camino Real, Ste 400 Palo Alto, CA 94306-2112 Phone: (650) 838-2000 Fax: (650) 838-2001 sean.debruine@alston.com 5 6 7 8 9 10 11 12 13 14 15 Kristine M. Brown (Georgia SBN 480189) Matthew D. Richardson (Georgia SBN 231474) ALSTON & BIRD LLP One Atlantic Center 1201 West Peachtree Street Atlanta, GA 30309-3424 Phone: 404-881-7000 Fax: 404-881-7777 kristy.brown@alston.com matt.richardson@alston.com Paul Schlaud (Texas SBN 24013469) Matthew H. Frederick (Texas SBN 24040931) Reeves & Brightwell 221 West Sixth Street, Ste 1000 Austin, TX 78701-3410 Phone: 512.334.4504 Fax: 512.334.4492 pschlaud@reevesbrightwell.com mfrederick@reevesbrightwell.com 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 SAN JOSE DIVISION 19 20 VIVIAN FIORI ARIZA, and ROGGIE TRUJILLO, Case No. 09 CV 01518 JW 22 v. STIPULATION TO RESCHEDULE DATE FOR SUBMISSION OF PRELIMINARY APPROVAL MOTION; [PROPOSED] ORDER 23 DELL INC., et al., CLASS ACTION Plaintiffs, 21 24 Defendants. 25 Assigned to the Honorable Judge James Ware, Courtroom 8 Action filed April 7, 2009 26 27 28 STIPULATION TO RESCHEDULE DATE FOR SUBMISSION OF PRELIMINARY APPROVAL MOTION Case No. 09-CV-01518JW Dockets.Justia.com 1 2 3 WHEREAS, in their Stipulation to Stay Case, filed April 12, 2010, the parties requested that the Court vacate all pending briefing deadlines and hearing dates and stay this case for 60 days to facilitate mediation; 4 WHEREAS, in their Stipulation to Extend Stay of Case, filed June 10, 2010, the parties 5 6 requested that the stay of this case be extended for a period of 33 days, until July 15, 2010, at 7 which time the parties would advise the Court of the status of settlement discussions and request a 8 further stay, if appropriate; 9 10 WHEREAS, in a Joint Status Report filed July 15, 2010, the parties informed the Court that they had reached a settlement in principle to resolve this case; 11 WHEREAS, on September 15, 2010, the Court entered an Order Vacating Preliminary 12 13 Pretrial Conference and Setting Hearing for Preliminary Approval of Class Settlement; WHEREAS, in its September 15, 2010 Order the Court set October 18, 2010 at 9:00 a.m 14 15 as the hearing date for Preliminary Approval of Class Settlement, and further Ordered the parties 16 to file their Joint Motion for Preliminary Approval and all supporting documents on October 4, 17 2010; 18 19 WHEREAS, on September 24, 2010, the parties stipulated, subject to Court approval, that the hearing date for Preliminary Approval of Class Settlement be set for October 25, 2010, and 20 21 22 that the Joint Motion for Preliminary Approval and all supporting documents be filed on October 11, 2010; 23 WHEREAS, on September 28, 2010, the Court entered an Order, pursuant to the 24 September 24, 2010 stipulation, setting the hearing for preliminary approval of class settlement 25 for October 25, 2010, at 9:00 a.m., and directing the parties to file the Joint Motion for 26 Preliminary Approval and supporting documents on October 11, 2010; 27 WHEREAS, on October 7, 2010, the parties notified the Court that they had resumed 28 STIPULATION TO RESCHEDULE DATE FOR SUBMISSION OF PRELIMINARY APPROVAL MOTION Case No. 09-CV-01518JW 2 1 discussions with the mediator, Anthony Piazza, in order to resolve certain issues regarding the 2 proposed settlement but were hopeful that the outstanding issues would be resolved and the 3 approval papers could be filed by November 1, 2010; 4 WHEREAS, on October 8, 2010, the Court entered an Order, pursuant to the October 7, 5 6 2010 stipulation, setting the hearing for preliminary approval of class settlement for November 7 22, 2010, at 9:00 a.m., and directing the parties to file the Joint Motion for Preliminary Approval 8 and supporting documents on November 1, 2010; 9 10 11 WHEREAS, the parties have made substantial progress in resolving outstanding issues regarding the proposed settlement but have not reached a final settlement agreement; WHEREAS, the parties anticipate that they will finalize the settlement agreement shortly, 12 13 14 15 but an additional week is needed to fully document the settlement and prepare and file the Joint Motion for Preliminary Approval and supporting documents. THEREFORE, the parties hereby stipulate, subject to Court approval, that the Joint 16 Motion for Preliminary Approval and all supporting documents shall be filed on November 8, 17 2010, and the hearing on the Motion for Preliminary Approval of Class Settlement shall be held, 18 as scheduled, on November 22, 2010. 19 20 21 22 23 24 25 26 27 28 STIPULATION TO RESCHEDULE DATE FOR SUBMISSION OF PRELIMINARY APPROVAL MOTION Case No. 09-CV-01518JW 3 1 DATED this 28th day of October, 2010 Respectfully submitted, 2 REEVES & BRIGHTWELL L.L.P. 3 4 By /s/ Paul Schlaud Paul Schlaud Matthew H. Frederick 5 6 ATTORNEYS FOR DEFENDANTS DELL INC., DELL CATALOG SALES, L.P., DELL PRODUCTS, L.P., DELL MARKETING L.P., DELL MARKETING L.P., LLC, DELL MARKETING G.P., LLC, AND DELL USA L.P. 7 8 9 10 DATED this 28th day of October, 2010 RANDALL S. ROTHSCHILD, A P.C. 11 By /s/ Randy Rothschild Randy Rothschild 12 13 14 ATTORNEY FOR PLAINTIFFS VIVIAN FIORI ARIZA and ROGGIE TRUJILLO 15 16 DATED this 28th day of October, 2010 ROBERTS RASPE & BLANTON, LLP 17 18 By /s/ Michael Blanton Michael Blanton 19 ATTORNEYS FOR DEFENDANTS BANCTEC, INC. AND WORLDWIDE TECHSERVICES, LLC 20 21 22 23 24 PURSUANT TO STIPULATION IT IS ORDERED THAT THE JOINT MOTION FOR PRELIMINARY APPROVAL AND SUPPORTING DOCUMENTS SHALL BE FILED NOVEMBER 8, 2010, AND THE HEARING FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT WILL REMAIN SET, AS SCHEDULED, FOR NOVEMBER 22, 2010 AT 9:00 A.M. 25 26 November 2 DATED: __________________, 2010 ________________________________ The Honorable James Ware United States District Court Judge 27 28 STIPULATION TO RESCHEDULE DATE FOR SUBMISSION OF PRELIMINARY APPROVAL MOTION Case No. 09-CV-01518JW 4 FILER’S ATTESTATION 1 2 3 4 5 Pursuant to General Order No. 45, Section X(B) regarding signatures, I, Paul Schlaud, attest that concurrence in the filing of this document has been obtained from Randy Rothschild and Michael Blanton. 6 By: /s/ Paul Schlaud Paul Schlaud 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION TO RESCHEDULE DATE FOR SUBMISSION OF PRELIMINARY APPROVAL MOTION Case No. 09-CV-01518JW 5 1 PROOF OF SERVICE 2 I, the undersigned, declare that I am a resident of the State of Texas, over the age of eighteen years and not a party to the within action. My business address is Reeves & Brightwell, 221 W. 6th Street, Suite 1000, Austin, TX 78701. 3 4 5 6 7 On October 28, 2010, I served the following document: STIPULATION TO RESCHEDULE DATE FOR SUBMISSION OF JOINT MOTION FOR PRELIMINARY APPROVAL; [PROPOSED] ORDER _X_ ELECTRONIC FILING: the within document, the automatically generated notification for which constitutes service pursuant to General Order 45, Section IX(A) and (B). 8 9 10 11 12 13 Michael S. Blanton mblanton@rrbllp.com ROBERTS, RASPE & BLANTON LLP Union Bank Plaza 445 South Figueroa Street Suite 3200 Los Angeles, California 90071 Telephone: (213) 430-4777 Fax: (213) 430-4780 Brian R. Strange lacounsel@earthlink.net Gretchen Carpenter gcarpenter@strangeandcarpenter.com STRANGE & CARPENTER 12100 Wilshire Blvd., Suite 1900 Los Angeles, CA 90025 Telephone: 310-207-5055 Fax: 310-826-3210 Attorney for Defendants BancTec, Inc. and QualxServ, LLC 14 Attorneys for Plaintiffs 15 18 Randall S. Rothschild randy.rothschild@verizon.net 12100 Wilshire Blvd., Suite 800 Los Angeles, CA 90025 Telephone: 310-806-9245 Fax: 310-988-2723 19 Attorney for Plaintiffs 20 ___ MAIL: by placing a true copy thereof, addressed as set forth below and enclosed in a sealed envelope with postage thereon fully prepaid and deposited for collection and mailing with the U.S. Postal Service pursuant to the ordinary business practice of this office. 16 17 21 22 23 24 25 ___ FACSIMILE TRANSMISSION: a true and correct copy transmitted via facsimile to each addressee listed below. I declare under penalty of perjury under the laws of the State of Texas that the above is true and correct. Executed in Austin, Texas on October 28, 2010. /s/ Paul Schlaud Paul Schlaud 26 27 28 STIPULATION TO RESCHEDULE DATE FOR SUBMISSION OF PRELIMINARY APPROVAL MOTION Case No. 09-CV-01518JW 6

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