Cruz v. JSJ-SC Project Inc., No. 5:2009cv04296 - Document 39 (N.D. Cal. 2010)

Court Description: ORDER DENYING IN PART AMENDED STIPULATION RE: PRELIMINARY APPROVAL OF SETTLEMENT re 38 Stipulation. In accord with the Court's November 18 Order, on or before December 3, 2010, the parties shall submit a Proposed Order and Final Judgment in pr eparation for the Final Fairness Hearing. The Proposed Order shall attach a modified version of the Settlement Agreement including the language stipulated to and approved by the Courts November 18 Order. Signed by Judge James Ware on 12/3/2010. (ecg, COURT STAFF) (Filed on 12/3/2010)

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Cruz v. JSJ-SC Project Inc. Doc. 39 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 SAN JOSE DIVISION 9 Emilia Cruz, 10 NO. C 09-04296 JW Plaintiff, ORDER DENYING IN PART AMENDED STIPULATION RE: PRELIMINARY APPROVAL OF SETTLEMENT 11 JSJ-SC Project Inc., For the Northern District of California United States District Court v. 12 Defendant. 13 / 14 Presently before the Court is the parties’ Joint Motion for Amended Stipulation Re: 15 Preliminary Approval of Settlement. (hereafter, “Motion,” Docket Item No. 38.) On November 18, 16 2010, the Court granted preliminary approval of the parties’ Settlement and adopted the parties’ 17 proposed Stipulation amending the Settlement release language. (See Docket Item No. 37.) 18 Upon review of the parties’ proposed Stipulation, the Court finds that the proposed language 19 adds unnecessary vagueness to the release and thus, the Court DENIES the parties’ request to further 20 amend the Settlement release language beyond what the Court has already modified and approved. 21 However, the Court finds good cause to allow Plaintiffs to proceed with signing the Settlement, as 22 approved by the Court’s November 18 Order, prior to the December 13, 2010 Final Fairness 23 Hearing. Counsel shall ensure that all Plaintiffs sign the appropriate Settlement Agreement with the 24 modified release language as ordered by the Court. 25 26 Accordingly, the Court DENIES in part and GRANTS in part the parties’ Joint Motion for Amended Stipulation Re: Preliminary Approval of Settlement. 27 28 Dockets.Justia.com 1 In accord with the Court’s November 18 Order, on or before December 3, 2010, the parties 2 shall submit a Proposed Order and Final Judgment in preparation for the Final Fairness Hearing. 3 The Proposed Order shall attach a modified version of the Settlement Agreement including the 4 language stipulated to and approved by the Court’s November 18 Order. 5 6 Dated: December 3, 2010 JAMES WARE United States District Judge 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: 2 jdblaw@earthlink.net margainlaw@hotmail.com julie.kwun@limruger.com brian.sheldon@limruger.com 3 4 5 Dated: December 3, 2010 Richard W. Wieking, Clerk 6 By: 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

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