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Melgar v. CSK Auto, Inc., 3:13-CV-03769 (EMC). (2018)

Court: District Court, N.D. California Number: infdco20180702834 Visitors: 8
Filed: Jun. 29, 2018
Latest Update: Jun. 29, 2018
Summary: STIPULATION AND JOINT MOTION TO CONTINUE DEADLINE TO SUBMIT AMENDED SETTLEMENT DOCUMENTS PURSUANT TO THE COURT'S ORDER CONDITIONALLY GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL; [PROPOSED] ORDER EDWARD M. CHEN , District Judge . This Stipulation and Joint Motion is entered into by and between Plaintiffs Osmin Melgar and Karo Khatchadoorian ("Plaintiffs") and Defendant CSK Auto, Inc., n/k/a O'Reilly Auto Enterprises, LLC ("O'Reilly" and jointly with Plaintiffs, the "Parties"),
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STIPULATION AND JOINT MOTION TO CONTINUE DEADLINE TO SUBMIT AMENDED SETTLEMENT DOCUMENTS PURSUANT TO THE COURT'S ORDER CONDITIONALLY GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL; [PROPOSED] ORDER

This Stipulation and Joint Motion is entered into by and between Plaintiffs Osmin Melgar and Karo Khatchadoorian ("Plaintiffs") and Defendant CSK Auto, Inc., n/k/a O'Reilly Auto Enterprises, LLC ("O'Reilly" and jointly with Plaintiffs, the "Parties"), through their undersigned counsel of record.

1. On June 25, 2018, the Court entered an order conditionally granting Plaintiffs' motion for preliminary approval of the Parties' class action settlement (Doc. 161). In that Order, the Court outlined a number of modifications that were required to be made to the settlement agreement, the proposed class notice, and the proposed order submitted in support of Plaintiffs' motion for preliminary approval. The Court ordered that the Parties "file an amended proposed class notice and an amended proposed order, along with an amended stipulation of settlement" within one week of the date of this order—by July 2, 2018.

2. Plaintiffs' counsel is (and has been since the time that the order was issued on June 25, 2018) out of state on a pre-planned family vacation and is not scheduled to return to California until July 2, 2018—the date the revised settlement documents are presently due. Coincidentally, O'Reilly's client representative and signatory to the settlement agreement is also out of town on a pre-planned vacation this week, scheduled to return on July 2, 2018.

3. Although counsel have already started working on preparing the necessary amendments to the settlement documents, the Parties do not believe that they will have signed, completed documents to file by July 2, 2018 in light of their respective unavailability. As such, and considering the upcoming Fourth of July holiday, the Parties have met and conferred and hereby jointly request that the Court continue the deadline to file the amended settlement agreement, amended proposed class notice, and amended proposed order for a period of one additional week—from July 2, 2017 to July 9, 2018.

IT IS SO STIPULATED.

[PROPOSED] ORDER

The Court, having reviewed the Parties' stipulation, and finding good cause therefore, hereby GRANTS the Parties' stipulation and joint motion. The Parties shall file an amended proposed class notice, an amended proposed order, and an amended stipulation of settlement in accordance with the Court's June 25, 2018 Order (Doc. 161) by no later than July 9, 2018.

Source:  Leagle

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