Filed: Jul. 14, 2016
Latest Update: Jul. 14, 2016
Summary: STIPULATION AND [PROPOSED] MODIFIED SCHEDULING ORDER WILLIAM B. SHUBB , District Judge . The parties in the above-captioned matter, by and through their designated counsel, jointly move the Court to approve the following modifications to the July 12, 2016 scheduling order [ECF No. 63] relating to the October 17, 2016 final approval hearing on the proposed Class Action Settlement. The Parties do not propose a change to the Final Approval Hearing date. However, because the Notice Plan inclu
Summary: STIPULATION AND [PROPOSED] MODIFIED SCHEDULING ORDER WILLIAM B. SHUBB , District Judge . The parties in the above-captioned matter, by and through their designated counsel, jointly move the Court to approve the following modifications to the July 12, 2016 scheduling order [ECF No. 63] relating to the October 17, 2016 final approval hearing on the proposed Class Action Settlement. The Parties do not propose a change to the Final Approval Hearing date. However, because the Notice Plan includ..
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STIPULATION AND [PROPOSED] MODIFIED SCHEDULING ORDER
WILLIAM B. SHUBB, District Judge.
The parties in the above-captioned matter, by and through their designated counsel, jointly move the Court to approve the following modifications to the July 12, 2016 scheduling order [ECF No. 63] relating to the October 17, 2016 final approval hearing on the proposed Class Action Settlement. The Parties do not propose a change to the Final Approval Hearing date. However, because the Notice Plan includes a multi-week media campaign, the Parties request leave to change some of the other deadlines relating to notice, opting out, briefing and filing a claim.
Specifically, Plaintiffs request that the media campaign described in the Notice Plan commence no later than August 1, 2016 and conclude by August 30, 2016. Plaintiffs will file motions for final approval and for approval of an award of attorneys' fees, expenses and for approval of lead plaintiff awards by no later than September 12, 2016. The deadline for Class Members to file objections or requests to opt out of the Settlement would be September 30, 2016. Plaintiffs would file any response to objections, together with a final report on the effectuation of the notice plan, by October 7, 2016. Finally, the deadline for Class Members to file claim forms would be five business days after the October 17, 2016 Final Approval Hearing: October 24, 2017. This schedule will permit adequate time to complete the Notice Plan and provide Class Members with a minimum of four weeks after receiving notice to decide whether to object or opt out of the Settlement. It will also give Class Members access to Plaintiffs' final approval brief and their submission relating to fees and expenses well before the deadline for filing objections or requests to opt out. Finally, Class Members can — if they choose — wait to see whether the Court approves the Settlement before filing claims.
Based on the foregoing, the Parties suggest modifying the schedule set forth in the July 12, 2016 Order [ECF No. 63] as follows:
Event Current Deadlines Proposed Amended
Deadlines
Publication Notice August 11, 2016 Media campaign to begin
by August 1, 2016 and be
completed by August 30,
2016
Deadline for Plaintiffs to file September 12, 2016 September 12, 2016
motions and supporting papers on (no change)
Final Approval, attorneys' fees and
expenses, and lead plaintiff awards
Deadline for Class Members to file September 19, 2016 September 29, 2016
objections or submit requests to opt
out of the Settlement
Deadline to file reply (if any) in Not listed October 7, 2016
support of Final Approval Motion
and/or motion for award of
attorneys' fees and expenses and
lead plaintiff awards
Final Approval Hearing October 17, 2016 October 17, 2016
(No change)
Deadline for Class Members to file September 19, 2016 October 24, 2016
Claim Forms
ORDER
THE PARTIES HEREBY AGREE AND STIPULATE to, and submit that, good cause is shown to support the following Fifth Modified Scheduling Order.
Accordingly, the Court HEREBY ORDERS that:
1. The parties' stipulation to modify the July 12, 2016 scheduling order [ECF No. 63] is GRANTED; and the Order is modified as follows:
(i) Plaintiffs shall direct the Notice Administrator to commence the media campaign described in the Notice Plan submitted in support of the Motion for Preliminary Approval by no later than August 1, 2016, and complete it by no later than August 30, 2016;
(ii) Plaintiffs shall file a motion for final approval of the Settlement, together with supporting papers, by no later than September 12, 2016;
(iii) Plaintiffs shall file any motion for approval of an award of attorneys' fees and expenses, as well as any motion for lead plaintiff awards, by no later than September 12, 2016;
(iv) Class members shall file any objections to the Settlement, the Plan of Allocation, and/or Plaintiffs' requests for an award of attorneys' fees and expenses and lead plaintiff awards, by no later than September 29, 2016;
(v) Class members shall file any requests for exclusion by no later than September 29, 2016;
(vi) Responses to any objections or requests for exclusion shall be filed by no later than October 7, 2016, together with a final report on effectuation of the Notice Plan.
(vii) The Final Approval Hearing shall take place as scheduled on October 17, 2016, at 1:30 p.m.
(viii) Class members who wish to receive a portion of the Settlement fund shall file claim forms by no later than October 24, 2016.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
