Filed: Mar. 21, 2016
Latest Update: Mar. 21, 2016
Summary: JOINT NOTICE OF TENTATIVE SETTLEMENT AND JOINT REQUEST TO VACATE EXISTING DATES; [PROPOSED] ORDER RICHARD SEEBORG , District Judge . TO THE HONORABLE COURT AND CLERK OF THE COURT: Plaintiffs, JUSTIN HOLMBY and RUBEN SILVA (hereinafter "Plaintiffs"), on behalf of themselves and all others similarly situated, and Defendant CARDINAL LOGISTICS MANAGEMENT CORPORATION ("Defendant"), by and through their respective attorneys of record, hereby recite and stipulate as follows: RECITALS WH
Summary: JOINT NOTICE OF TENTATIVE SETTLEMENT AND JOINT REQUEST TO VACATE EXISTING DATES; [PROPOSED] ORDER RICHARD SEEBORG , District Judge . TO THE HONORABLE COURT AND CLERK OF THE COURT: Plaintiffs, JUSTIN HOLMBY and RUBEN SILVA (hereinafter "Plaintiffs"), on behalf of themselves and all others similarly situated, and Defendant CARDINAL LOGISTICS MANAGEMENT CORPORATION ("Defendant"), by and through their respective attorneys of record, hereby recite and stipulate as follows: RECITALS WHE..
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JOINT NOTICE OF TENTATIVE SETTLEMENT AND JOINT REQUEST TO VACATE EXISTING DATES; [PROPOSED] ORDER
RICHARD SEEBORG, District Judge.
TO THE HONORABLE COURT AND CLERK OF THE COURT:
Plaintiffs, JUSTIN HOLMBY and RUBEN SILVA (hereinafter "Plaintiffs"), on behalf of themselves and all others similarly situated, and Defendant CARDINAL LOGISTICS MANAGEMENT CORPORATION ("Defendant"), by and through their respective attorneys of record, hereby recite and stipulate as follows:
RECITALS
WHEREAS, the Parties participated in a mediation for two days on February 26, 2016 with mediator Michael Dickstein;
WHEREAS, following protracted negotiations the parties have reached a tentative settlement of the within action;
WHEREAS, at the conclusion of the mediation a Memorandum of Understanding ("MOU"), memorializing and reflecting the terms of the agreement was agreed.
WHEREAS, defendant, its attorneys of record and counsel on behalf of plaintiffs have fully executed a binding settlement as a Memorandum of Understanding on February 29, 2016 ("MOU") as described.
WHEREAS, the Parties acknowledge and agree and commit to work in a good faith effort to reach a final settlement agreement regarding any additional terms within thirty (30) days after execution of the MOU.
WHEREAS, plaintiffs intend to file a motion for preliminary approval of the class action settlement on or before April 29, 2016.
WHEREAS, judicial economy would be served by vacating the existing dates, including a CMC currently scheduled for April 7, 2016, at 10 a.m., with the Court setting future dates as it feels are necessary.
STIPULATION AND REQUEST
NOW THEREFORE, the parties hereby stipulate and respectfully propose as follows:
1. That the Court vacate the Case Management Conference set for April 7, 2016, with the Court setting future dates as it feels are necessary.
2. That the Parties be accorded until April 29, 2016 to file the Motion for Preliminary Approval of Class Action Settlement.
SO REQUESTED AND STIPULATED:
[PROPOSED] ORDER
PURSUANT TO THE STIPULATION OF THE PARTIES, and finding good cause therein, IT IS ORDERED that:
1. The Case Management Conference set for April 7, 2016 is now vacated along with any deadlines associated with said date. The Court will set any future dates as is deemed necessary.
2. The deadline for Plaintiff to file the Motion for Preliminary Approval of Class Action Settlement is set for April 29, 2016, based on the agreed to terms of the Memorandum of Understanding executed by the parties.
