Filed: May 12, 2014
Latest Update: May 12, 2014
Summary: JOINT NOTICE OF PROPOSED CLASS ACTION SETTLEMENT; AND REQUEST AND ORDER TO VACATE MAY 27, 2014 SCHEDULING CONFERENCE STANLEY A. BOONE, Magistrate Judge. Plaintiff Cirena Torres and Defendant Pet Extreme, Inc., through their respective counsel, hereby inform the Court that they have entered into a written and signed Memorandum Of Understanding Of Settlement ("MOU") through which they have agreed to a class-wide settlement of this action. There are a few issues which the parties continue to wor
Summary: JOINT NOTICE OF PROPOSED CLASS ACTION SETTLEMENT; AND REQUEST AND ORDER TO VACATE MAY 27, 2014 SCHEDULING CONFERENCE STANLEY A. BOONE, Magistrate Judge. Plaintiff Cirena Torres and Defendant Pet Extreme, Inc., through their respective counsel, hereby inform the Court that they have entered into a written and signed Memorandum Of Understanding Of Settlement ("MOU") through which they have agreed to a class-wide settlement of this action. There are a few issues which the parties continue to work..
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JOINT NOTICE OF PROPOSED CLASS ACTION SETTLEMENT; AND REQUEST AND ORDER TO VACATE MAY 27, 2014 SCHEDULING CONFERENCE
STANLEY A. BOONE, Magistrate Judge.
Plaintiff Cirena Torres and Defendant Pet Extreme, Inc., through their respective counsel, hereby inform the Court that they have entered into a written and signed Memorandum Of Understanding Of Settlement ("MOU") through which they have agreed to a class-wide settlement of this action.
There are a few issues which the parties continue to work on. Specifically, the Parties' are working to prepare a long-form settlement agreement, including the Short-Form Notice to the Settlement Class (and the locations within each store where it will be placed), the Full Notice to the Settlement Class and the Claim Form. The MOU requires the Parties' to work together and take all steps necessary and appropriate to effectuate the settlement, and expressly states as follows:
"13. Cooperation to Effectuate Settlement.
The Parties agree to cooperate and take all steps necessary and appropriate to effectuate the settlement. This includes, consistent with the terms of this MOU, the Parties' agreement to work together in good faith to prepare and sign a long-form settlement agreement, including the Short-Form Notice (and the locations within each store where it will be placed), the Full Notice and the Claim Form, all of which are to be submitted to the court in connection with Torres' motion for preliminary approval of the settlement. The parties shall diligently work together to seek preliminary and final court approval of the settlement."
The MOU also provides that if the Parties cannot agree on these few issues, the MOU shall nonetheless be fully enforceable by the Court and the Court shall resolve any such differences:
14. MOU Is Fully Enforceable, and any Disputes Shall Be Decided By Court.
The Parties agree that this MOU shall be fully enforceable by the court. To the extent that there is any disagreement in preparing a long-form settlement agreement, including the Short-Form Notice (and the locations within each store where it will be placed), the Full Notice and the Claim Form, the Parties agree that the court shall resolve any such differences and the court shall look to and use the terms of this MOU in resolving any such differences.
Thus, the Parties' MOU is a fully enforceable class-wide settlement, subject to the Court's approval.
Rule 23(e) of the Federal Rules of Civil Procedure requires the Court's approval of all class action settlements. Accordingly, Plaintiff will file a motion seeking the Court's preliminary approval of the class settlement in this case.
The Parties continue to work together and they expect that a motion for preliminary approval of the class action settlement will be filed in approximately sixty (60) days.
In light of the Parties' class-wide settlement agreement subject to court approval, the Parties' mutually request that the Court vacate the May 27, 2014 Mandatory Scheduling Conference (Dkt # 8 at p.2:18-25).
ORDER
FOR GOOD CAUSE APPEARING, IT IS ORDERED that the Mandatory Scheduling Conference, currently set for May 27, 2014, at 2:30 p.m. in Courtroom 9, is vacated. Plaintiff shall file her motion for preliminary approval of the class action settlement within sixty (60) days of this Order.
IT IS SO ORDERED.
