Filed: Jun. 19, 2013
Latest Update: Jun. 19, 2013
Summary: STIPULATION RE VACATING CLASS CERTIFICATION MOTION HEARING DATE IN LIGHT OF PENDING MOTION FOR SETTLEMENT APPROVAL AND ORDER THEREON CHARLES R. BREYER, District Judge. Plaintiff Demetriot K. Lewis ("Plaintiff"), and defendant Safelite Fulfillment, Inc. ("Defendant"), by and through their counsel of record, hereby enter into the following Stipulation re Extension of Motion Cutoff Date and mutually request the Court to enter an order in accordance therewith. STIPULATION 1. Plaintiff initiated
Summary: STIPULATION RE VACATING CLASS CERTIFICATION MOTION HEARING DATE IN LIGHT OF PENDING MOTION FOR SETTLEMENT APPROVAL AND ORDER THEREON CHARLES R. BREYER, District Judge. Plaintiff Demetriot K. Lewis ("Plaintiff"), and defendant Safelite Fulfillment, Inc. ("Defendant"), by and through their counsel of record, hereby enter into the following Stipulation re Extension of Motion Cutoff Date and mutually request the Court to enter an order in accordance therewith. STIPULATION 1. Plaintiff initiated t..
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STIPULATION RE VACATING CLASS CERTIFICATION MOTION HEARING DATE IN LIGHT OF PENDING MOTION FOR SETTLEMENT APPROVAL AND ORDER THEREON
CHARLES R. BREYER, District Judge.
Plaintiff Demetriot K. Lewis ("Plaintiff"), and defendant Safelite Fulfillment, Inc. ("Defendant"), by and through their counsel of record, hereby enter into the following Stipulation re Extension of Motion Cutoff Date and mutually request the Court to enter an order in accordance therewith.
STIPULATION
1. Plaintiff initiated this action on November 14, 2011. In his complaint, Plaintiff asserts claims agaisnt Defendant for unpaid overtime wages under the Fair Lavor Standards Act. which Plaintiff seeks to pursue as a collective action under 29 U.S.C. Section 216, and various wage and hour claims against Defendant under California law, which Plaintiff seeks to pursue as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure.
2. At a case managment conference on July 20, 2012, the Court set the following motion hearing cutoff dates:
Motion to Certify Rule 23 Class and Dispositive Motions April 30, 2013
Motion for Decertification if an FLSA Class is Conditionally Certified June 30, 2013
3. By order of the Court dated February 22, 2013, the case management schedule was modified and a hearing for Plaintiff's anticipated motion for class certification was scheduled for July 2, 2013.
4. At a mediation on April 4, 2013, the parties reached agreement on the material terms of a class action settlement. After formal settlement documents were finalized, Plaintiff filed a motion for preliminary approval of the settlement on June 7, 2013. The motion for preliminary approval is scheduled for hearing on July 12, 2013.
5. In light of the foregoing, the parties mutually request that the hearing on July 2, 2013 scheduled by the Court for Plaintiff's previously expected motion for class certification, which will no longer be filed, be vacated.
ORDER
Good cause having been shown, it is hereby ordered that the hearing on July 2, 2013 scheduled for Plaintiff's previously expected motion for class certification be vacated.
