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Jarrell v. Amerigas Propane, Inc., 3:16-CV-01481-JST. (2017)

Court: District Court, N.D. California Number: infdco20170419d09 Visitors: 6
Filed: Apr. 17, 2017
Latest Update: Apr. 17, 2017
Summary: STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON JON S. TIGAR , District Judge . Jimmie Jarrell ("Plaintiff") and Defendant AmeriGas Propane, Inc. ("AmeriGas") (collectively, the "Parties"), by and through their respective counsel of record, hereby stipulate and agree as follows: A. ADR Status As previously reported to the Court, the parties reached a settlement of this wage and hour class action in a mediation conducted before Mark Rudy, of Rudy, Exe
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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON

Jimmie Jarrell ("Plaintiff") and Defendant AmeriGas Propane, Inc. ("AmeriGas") (collectively, the "Parties"), by and through their respective counsel of record, hereby stipulate and agree as follows:

A. ADR Status

As previously reported to the Court, the parties reached a settlement of this wage and hour class action in a mediation conducted before Mark Rudy, of Rudy, Exelrod, Zieff & Lowe LLP, a professional mediator with substantial experience in the specialized field of wage and hour class action litigation and mediation. At the conclusion of the mediation, a Memorandum of Understanding was signed, identifying the major terms of the settlement. Counsel for AmeriGas have prepared a first draft of the settlement documents, including a long form settlement agreement, proposed forms for notice to the settlement class members, and proposed preliminary and final approval orders. Class counsel are presently reviewing and commenting on the settlement documents and are preparing a motion for preliminary approval of the settlement.

This Court, by order dated February 7, 2017, scheduled a Case Management Conference for April 26, 2017 ("the New Case Management Conference"). The Court further ordered that if a Motion for Preliminary Approval has been filed at least seven days prior to that date, the New Case Management Conference shall be continued to the date set for hearing of the Motion for Preliminary Approval.

By this stipulation, the Parties jointly request an additional three weeks within which to finalize the settlement documents and submit a motion for preliminary approval to the Court. Such period is necessary in order to resolve any remaining issues respecting the form of the settlement documents, and to give class counsel sufficient time to draft the preliminary approval motion.

B. Stipulation

In view of the foregoing, the Parties hereby stipulate and agree as follows:

1. The April 26, 2017 Case Management Conference is vacated. 2. A Case Management Conference is scheduled for May 17, 2017 ("the New Case Management Conference"). If a Motion for Preliminary Approval has been filed at least seven days prior to the date set for the New Case Management Conference, the New Case Management Conference shall be continued from the date set pursuant to this Order to the date set for hearing of the Motion for Preliminary Approval.

IT IS SO STIPULATED.

CERTIFICATION PURSUANT TO CIVIL LOCAL RULE 5.5-1(i)(3)

Pursuant to Civil L.R. 5.5-1(i)(3), I, H. Scott Leviant, certify that I have obtained the concurrence of all of the other signatories listed below to file this document.

[PROPOSED]ORDER

Jimmie Jarrell ("Plaintiff") and Defendant AmeriGas Propane, Inc. ("AmeriGas") (collectively, the "Parties"), entered into a Joint Stipulation to continue the April 26, 2017 Case Management Conference following a provisional class action settlement. After considering the Stipulation of the Parties, the facts upon which the Stipulation is based, and good cause appearing, it is hereby ORDERED that:

1. The April 26, 2017 Case Management Conference is vacated.

2. A Case Management Conference is scheduled for May 24, 2017. ("the New Case Management Conference"). If a Motion for Preliminary Approval has been filed at least seven days prior to the date set for the New Case Management Conference, the New Case Management Conference shall be continued from the date set pursuant to this Order to the date set for hearing of the Motion for Preliminary Approval. The Court will not continue the CMC further.

IT IS SO ORDERED.

Source:  Leagle

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