Filed: Aug. 16, 2019
Latest Update: Aug. 16, 2019
Summary: JOINT STIPULATION AND ORDER CONTINUING DEADLINE TO FILE MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT HAYWOOD S. GILLIAM, JR. , District Judge . WHEREAS, on July 2, 2019, Plaintiffs Martin Schneider, Sarah Deigert, Theresa Gamage, and Nadia Parikka ("Plaintiffs") and Defendant Chipotle Mexican Grill, Inc. ("Defendant," and with Plaintiffs, the "Parties") completed an in-person mediation with the Hon. Jay C. Gandhi (Ret.) of JAMS and executed a Settlement Term Sheet to settle this Action;
Summary: JOINT STIPULATION AND ORDER CONTINUING DEADLINE TO FILE MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT HAYWOOD S. GILLIAM, JR. , District Judge . WHEREAS, on July 2, 2019, Plaintiffs Martin Schneider, Sarah Deigert, Theresa Gamage, and Nadia Parikka ("Plaintiffs") and Defendant Chipotle Mexican Grill, Inc. ("Defendant," and with Plaintiffs, the "Parties") completed an in-person mediation with the Hon. Jay C. Gandhi (Ret.) of JAMS and executed a Settlement Term Sheet to settle this Action; W..
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JOINT STIPULATION AND ORDER CONTINUING DEADLINE TO FILE MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT
HAYWOOD S. GILLIAM, JR., District Judge.
WHEREAS, on July 2, 2019, Plaintiffs Martin Schneider, Sarah Deigert, Theresa Gamage, and Nadia Parikka ("Plaintiffs") and Defendant Chipotle Mexican Grill, Inc. ("Defendant," and with Plaintiffs, the "Parties") completed an in-person mediation with the Hon. Jay C. Gandhi (Ret.) of JAMS and executed a Settlement Term Sheet to settle this Action;
WHEREAS, pursuant to the Notice of Settlement and Joint Stipulation and Request to Vacate Dates and Order Setting Date to File Motion for Preliminary Approval of Settlement (the "Stipulation"), Plaintiffs indicated that they intended to file their motion for preliminary approval of the settlement within 45 days of the Court's approval of the Stipulation, or August 19, 2019;
WHEREAS, Plaintiffs have received competitive bids from prospective settlement administrators and, with Defendant, require additional time to review and select an appropriate settlement administrator, as well as additional time to work with that administrator to ensure that a proposed claims process will encourage maximum class member participation;
WHEREAS, the Parties have made substantial progress toward completing a Stipulation of Settlement and related documents, but require additional time to complete those efforts;
WHEREAS, the Parties have conferred and agree that Plaintiffs' deadline to file their motion for preliminary approval of the settlement shall be continued to September 4, 2019;
WHEREAS, the Court's next available hearing date is in January 2020 and, should the Court hold a hearing, the extension sought here will not delay the Court's consideration of the motion in that time frame;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED between the Parties, through their respective counsel, to the request for entry of an Order providing that Plaintiffs' deadline to file their motion for preliminary approval of the settlement shall be September 4, 2019.
IT IS SO STIPULATED.
DATED: August 15, 2019
Respectfully submitted,
DLA PIPER LLP (US) KAPLAN FOX & KILSHEIMER LLP
By: /s/ Angela C. Agrusa By: /s/ Laurence D. King
Angela C. Agrusa Laurence D. King
Angela C. Agrusa (SBN 131337) Laurence D. King (SBN 206423)
angela.agrusa@dlapiper.com Matthew B. George (SBN 239322)
Shannon E. Dudic (SBN 261135) Mario M. Choi (SBN 243409)
shannon.dudic@dlapiper.com 350 Sansome Street, Suite 400
2000 Avenue of the Stars, Suite 400 North San Francisco, CA 94104
Tower Telephone: 415-772-4700
Los Angeles, CA 90067 Facsimile: 415-772-4707
Telephone: 310-500-3500 lking@kaplanfox.com
Facsimile: 310-500-3300 mgeorge@kaplanfox.com
mchoi@kaplanfox.com
Charles C. Cavanagh (SBN 198468) KAPLAN FOX & KILSHEIMER LLP
ccavanagh@messner.com Frederic S. Fox (pro hac vice)
MESSNER REEVES LLP Donald R. Hall (pro hac vice)
1430 Wynkoop Street, Suite 300 850 Third Avenue, 14th Floor
Denver, CO 80202 New York, NY 10022
Telephone: 303-623-1800 Telephone: 212-687-1980
Facsimile: 303-623-0552 Facsimile: 212-687-7714
ffox@kaplanfox.com
Attorneys for Defendant Chipotle Mexican dhall@kaplanfox.com
Grill, Inc.
KOBRE & KIM LLP
Matthew I. Menchel (pro hac vice)
201 South Biscayne Boulevard, Suite 1900
Miami, FL 33131
Telephone: 305-967-6108
matthew.menchel@kobrekim.com
KOBRE & KIM LLP
Hartley M. K. West (SBN 191609)
150 California Street, 19th Floor
San Francisco, CA 94111
Telephone: 415-582-4781
Facsimile: 415-582-4811
hartley.west@kobrekim.com
Attorneys for Plaintiffs and the Classes
ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1(i)(3)
I, Mario M. Choi, attest that concurrence in the filing of this document has been obtained from the other signatories. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
Executed this 15th day of August, 2019, at San Francisco, California.
/s/ Mario M. Choi
Mario M. Choi
ORDER
Good cause appearing, pursuant to the Stipulation, Plaintiffs' deadline to file their motion for preliminary approval of the settlement is extended to September 4, 2019.
IT IS SO ORDERED.
