Filed: Apr. 15, 2019
Latest Update: Apr. 15, 2019
Summary: SECOND STIPULATION AND ORDER REGARDING EXTENSION TO DEADLINE FOR SUBMISSION OF STIPULATED JUDGMENT HAYWOOD S. GILLIAM, JR. , District Judge . On March 14, 2019, the Court entered its Order Granting Motion for Final Approval of Class Action Settlement and Granting Motion for Class Counsel Attorneys' Fees and Costs ("Final Approval Order") (Dkt. 80), which directed the parties to file a Stipulated Judgment by March 29, 2019. On or about March 25, 2019, AllClear, the identity theft protection
Summary: SECOND STIPULATION AND ORDER REGARDING EXTENSION TO DEADLINE FOR SUBMISSION OF STIPULATED JUDGMENT HAYWOOD S. GILLIAM, JR. , District Judge . On March 14, 2019, the Court entered its Order Granting Motion for Final Approval of Class Action Settlement and Granting Motion for Class Counsel Attorneys' Fees and Costs ("Final Approval Order") (Dkt. 80), which directed the parties to file a Stipulated Judgment by March 29, 2019. On or about March 25, 2019, AllClear, the identity theft protection ..
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SECOND STIPULATION AND ORDER REGARDING EXTENSION TO DEADLINE FOR SUBMISSION OF STIPULATED JUDGMENT
HAYWOOD S. GILLIAM, JR., District Judge.
On March 14, 2019, the Court entered its Order Granting Motion for Final Approval of Class Action Settlement and Granting Motion for Class Counsel Attorneys' Fees and Costs ("Final Approval Order") (Dkt. 80), which directed the parties to file a Stipulated Judgment by March 29, 2019.
On or about March 25, 2019, AllClear, the identity theft protection company that had committed to provide the additional identity theft protection contemplated in the settlement approved by the Court, informed Essex it had been acquired by Experian and would not provide those identity theft protection services. The parties immediately responded, and began negotiating an extension of coverage with AllClear and to identify a new service provider of identity theft protection upon the expiration of the AllClear coverage.
On March 29, 2019, in order to give the parties time to complete this process and submit a proposal to the Court to address this unanticipated issue, the parties submitted a Stipulation requesting that the Court continue the March 29, 2019 deadline to submit the Stipulated Judgment for two weeks, until April 12, 2019 (Dkt 81). On April 1, 2019, the Court entered an Order granting the requested continuance to April 12, 2019 (Dkt. 82).
Essex secured a one year extension of coverage from AllClear for those class members who were previously enrolled with AllClear, to ensure continuous coverage. The parties have agreed upon a vendor to provide the necessary services for the remainder of the periods identified in the approved settlement. The parties continue to work diligently to finalize the agreement with the new vendor, as well as the logistics of notifying the class and implementing that replacement coverage. The parties request an additional two week extension, to April 26, 2019, to allow sufficient time to complete these tasks before submitting the Stipulated Judgment.
IT IS SO STIPULATED.
Attorneys for Defendant
ESSEX PROPERTY TRUST, INC.
STUTHEIT KALIN LLC
Kyann C. Kalin
By: /s/ Kyann C. Kalin
____________________________
Kyann C. Kalin
AttorneysforPlaintiff
CERTIFICATION OF CONCURRENCE
Pursuant to L.R. 5-1, I hereby attest that Kyann C. Kalin, counsel for Plaintiff Angele Giroux, has provided his concurrence in the electronic filing of the foregoing document entitled STIPULATION AND [PROPOSED] ORDER REGARDING EXTENSION TO DEADLINE FOR SUBMISSION OF STIPULATED JUDGMENT
/s/Joseph E. Addiego III
Joseph Addiego III
ORDER
Presently before the Court is the parties' Second Stipulation [and Proposed Order] Regarding Extension of the Deadline for Submission of a Stipulated Judgment. The deadline is hereby extended until April 26, 2019.
IT IS SO ORDERED.
