Filed: Mar. 09, 2016
Latest Update: Mar. 09, 2016
Summary: STIPULATION AND [PROPOSED] ORDER VACATING TRIAL DATE JON S. TIGAR , District Judge . Plaintiff Michael Deatrick, individually and as representative of the conditionally-certified California settlement class, the FLSA opt-in plaintiffs and Defendant Securitas Security Services USA, Inc. ("Defendant") hereby stipulate and request that the Court vacate the trial date and final pretrial conference date based on the settlement of the Parties and the concurrent filing of Plaintiff's Amended
Summary: STIPULATION AND [PROPOSED] ORDER VACATING TRIAL DATE JON S. TIGAR , District Judge . Plaintiff Michael Deatrick, individually and as representative of the conditionally-certified California settlement class, the FLSA opt-in plaintiffs and Defendant Securitas Security Services USA, Inc. ("Defendant") hereby stipulate and request that the Court vacate the trial date and final pretrial conference date based on the settlement of the Parties and the concurrent filing of Plaintiff's Amended ..
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STIPULATION AND [PROPOSED] ORDER VACATING TRIAL DATE
JON S. TIGAR, District Judge.
Plaintiff Michael Deatrick, individually and as representative of the conditionally-certified California settlement class, the FLSA opt-in plaintiffs and Defendant Securitas Security Services USA, Inc. ("Defendant") hereby stipulate and request that the Court vacate the trial date and final pretrial conference date based on the settlement of the Parties and the concurrent filing of Plaintiff's Amended Motion for Preliminary Approval of Settlement.
Reasons for the Requested Relief
Plaintiff filed a Motion for Conditional Class Certification and Preliminary Approval of Settlement (ECF 152) on November 9, 2015. Hearing on the motion was set for January 7, 2016.
On December 21, 2015, this Court issued an Order Vacating Hearing (ECF 154) finding the motion suitable for disposition without oral argument and vacating the hearing date.
On February 24, 2016, this Court issued an Order Granting Motion for Conditional Class Certification and Denying Motion for Preliminary Approval of Settlement (ECF 155), in which the Court denied preliminary settlement approval for reasons related to the notice and claims process for the California settlement class.
Immediately upon receipt of the Court's Order, the Parties, through counsel, began communicating and negotiating to reform their proposed settlement and address the issues raised by the Court.
The Parties have reached agreement and have executed an Amended Joint Stipulation and Settlement of Class Action Claims. This agreement for settlement has been submitted as a supporting document to Plaintiff's Amended Motion for Preliminary Approval of Settlement, which has been concurrently filed the same day as this stipulation.
By Scheduling Order (ECF 128) dated April 30, 2015, this Court set the following dates related to trial of this matter:
• Final pretrial conference 3/25/16 at 2:00 p.m.
• Trial to commence 4/11/16 at 8:30 a.m.
Previous Time Modifications
These dates have not been previously modified.
Effect on Case Schedule
Vacating the pretrial conference and trial dates would allow the Court to rule on the concurrent and pending Amended Motion for Preliminary Approval of Settlement and to resolve the case without trial.
STIPULATION
Based on the matters set forth above, THE PARTIES HEREBY STIPULATE AND REQUEST, by and through their respective counsel, as follows:
• That the Court vacate the date for the pretrial conference, currently set for 3/25/16 at 2:00 p.m.
• That the Court vacate the dates for trial, currently set to commence on 4/11/16 at 8:30 a.m.
Pursuant to Local Rule 5-1(i)(3), the undersigned filer of this document hereby attests that concurrence in the filing has been obtained from each of the other signatories, which shall serve in lieu of their signatures on the document.
IT IS SO STIPULATED.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
