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Davis v. Brown Shoe Company, Inc., 1:13-cv-01211-LJO-BAM. (2015)

Court: District Court, E.D. California Number: infdco20150121627 Visitors: 3
Filed: Jan. 15, 2015
Latest Update: Jan. 15, 2015
Summary: STIPULATION POSTPONING HEARING AND FILING DEADLINES ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND NOTICE OF PROPOSED SETTLEMENT; ORDER BARBARA A. McAULIFFE, Magistrate Judge. Plaintiffs JEROME DAVIS and PRISCILLA HUMPHREY and Defendant BROWN GROUP RETAIL, INC., a Pennsylvania corporation, d/b/a Famous Footwear, erroneously sued as BROWN SHOE COMPANY, INC., by and through their counsel of record, hereby stipulate and agree as follows: WHEREAS the parties have participated in a mediation an
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STIPULATION POSTPONING HEARING AND FILING DEADLINES ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND NOTICE OF PROPOSED SETTLEMENT; ORDER

BARBARA A. McAULIFFE, Magistrate Judge.

Plaintiffs JEROME DAVIS and PRISCILLA HUMPHREY and Defendant BROWN GROUP RETAIL, INC., a Pennsylvania corporation, d/b/a Famous Footwear, erroneously sued as BROWN SHOE COMPANY, INC., by and through their counsel of record, hereby stipulate and agree as follows:

WHEREAS the parties have participated in a mediation and have reached a preliminary agreement on the most significant terms of a proposed settlement, including the total dollar amounts to be paid to the class and to the claims administrator, and the amounts to be sought in incentive awards and attorney fees and costs, to which Defendant will not object;

WHEREAS the parties have almost finalized the terms of the proposed settlement and will thereafter seek the Court's preliminary and then final approval of the proposed settlement;

WHEREAS a hearing on Plaintiffs' motion for class certification is set for February 13, 2015, and Defendant's opposition thereto is due on January 26, 2015 with Plaintiffs' reply due on February 6, 2015; and

WHEREAS the parties desire to continue all dates associated with the pending motion for class certification in order to allow them time to finalize the proposed settlement and seek court approval thereon.

IT IS HEREBY STIPULATED AND AGREED that the following dates associated with Plaintiffs' motion for class certification be continued for a period of 12 weeks as follows:

Event Current Date Proposed New Date Defendant's Opposition to Class Certification 01/26/2015 April 20, 2015 Plaintiffs' Reply in Support of Class Certification 02/06/2015 May 1, 2015 Court Hearing on Class Certification 02/13/2015 May 8, 2015

ORDER

THE COURT, having reviewed the above Stipulation Postponing Hearing and Filing Deadlines on Plaintiffs' Motion for Class Certification Pending Consummation of Settlement, and good cause having been shown,

IT IS HEREBY ORDERED that the following dates associated with Plaintiffs' Motion for Class Certification are continued as follows:

Event New Date Defendant's Opposition to Class Certification: April 20, 2015 Plaintiffs' Reply in Support of Class Certification: May 1, 2015 Hearing on Plaintiffs' Motion for Class Certification: May 8, 2015 Time: 9:00 AM Dept.: 8 (BAM)

In addition, the Court sets a Status Conference for March 30, 2015 at 9:00 a.m. At the Status Conference, the parties shall inform the Court as to the status of settlement and whether they anticipate dates for preliminary approval of the settlement should be set. Counsel may appear at the conference by telephone. Three Court days before the hearing, the parties shall file a joint status report, limited to 2 pages, addressing these issues.

IT IS SO ORDERED.

Source:  Leagle

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