Shannon Cram vs. Ecfa, Inc.

Motion Other

Cal. Super. - 4th Dist.April 28, 2017

Oo 0 N N n n Bs W N N O N N N N N N N N = e a p s e s E e e s e m ® --m SA Lh EA W N m o v ® N S A W N = O AEGIS LAW FIRM, PC KASHIF HAQUE, State Bar No. 218672 SAMUEL A. WONG, State Bar No. 217104 JESSICA L. CAMPBELL, State Bar No. 280626 CAROLYN BELL, State Bar No. 313435 9811 Irvine Center Drive, Suite 100 Irvine, California 92618 Telephone: (949) 379-6250 Facsimile: (949) 379-6251 Attorneys for Plaintiff Shannon Cram, individually and on behalf of all others similarly situated SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE SHANNON CRAM, individually and on behalf of all others similariy situated, Plaintiff, vs. ECFA, INC., a corporation; ECFA - EYE CARE FOR ANIMALS, a business entity; CALIFORNIA EYE CLINIC FOR ANIMALS, INC., a corporation; CLEAR VIEW VETERINARY SOLUTIONS, LLC, a limited liability company; and DOES 1 through 50 inclusive, Defendants. ELECTROMICALLY FILED Superior Court of California, County of Orange 07/09/2018 at 02:23:00 FM Clerk of the Superior Court By Georgina Ramirez, Deputy Clerk Case No. 30-2017-00917791-CU-OE-CXC Assigned for all purposes to the: Hon. Randall J. Sherman Dept. CX105 NOTICE OF PLAINTIFF’S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT August 31, 2018 Date: Time: 10:00 a.m. Dept: CX105 NOTICE OF PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT NO RX N Y Wn le W N me N N N RN N N E e e e e s e e p e e d e e e e TO ALL INTERESTED PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on August 3 2018 at 10:00 a.m., or as soon thereafter as the matter may be heard in Department CX105 of the above-entitled Court located at 751 W. Santa Ana Blvd., Santa Ana, California 92701, Plaintiff Shannon Cram (“Plaintiff”) will and hereby does move this Court for an Order: 1. Granting preliminary approval of the proposed Joint Stipulation for Class Action Settlement (“Settlement Agreement” or “Settlement”); Conditionally certifying the proposed Class for settlement purposes only; Appointing Plaintiff Shannon Cram as the Class Representative; Appointing Aegis Law Firm, PC as Class Counsel; Hh fe W p Appointing Phoenix Class Action Administration Solutions as the Settlement Administrator and authorizing Phoenix Class Action Administration Solutions to send notice of the Settlement to the Class Members; and 6. Setting a final approval hearing date. Pursuant to California Rules of Court 3.769(d) and (e), the Motion is made on the grounds that the proposed Settlement satisfies all criteria for preliminary approval under California law and falls well within the range of reasonableness; the Settlement was reached through informed, arms-length bargaining between experienced attorneys, and Plaintiff and Class Counsel will fairly and ade quately represent the Class Members. The Motion is based on this Notice of Motion, Plaintiff’s Motion for Preliminary Approval of Class Action Settlement, the Declaration of Jessica L. Campbell, and on all records and documents on file, together with such oral and documentary evidence that may be presented at the hearing on this matter. Dated: July 6, 2018 * AEGIS LAW FIRM, P.C. 1 NOTICE OF PLAINTIFF’S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT N o e S Y O N B W D Y N N N N N N N N e m m e e m e m pe d ml p t p e d 0 ~~ O N hh dR W N = DO Y e N N R W N m , CERTIFICATE OF SERVICE 1, the undersigned, am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; am employed with Aegis Law Firm PC and my business address is 9811 Irvine Center Drive, Suite 100, Irvine, California 92618. On July 9, 2018, I served the foregoing document entitled: * NOTICE OF PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT on all the appearing and/or interested parties in this action by placing [_] the original a true copy thereof enclosed in sealed envelope(s) addressed as follows: Christy D. Joseph SNELL & WILMER LLP 600 Anton Blvd, Suite 1400 Costa Mesa, CA 92626 Attorneys for Defendant: ECFA, Inc. ECFA - Eye Care for Animals, California Eye Clinic for Animals, Inc. and Clear View Veterinary Solutions, LLC [1] (BY MAIL) I am readily familiar with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Irvine, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postage cancellation date or postage meter date is more than one day after date of deposit for mailing this affidavit. (Cal Code Civ. Proc. § 1013(a); Fed. R. Civ. Proc. 5(a); Fed. R. Civ. Proc. 5(c).) IX (BY ELECTRONIC TRANSMISSION) I caused said document(s) to be served via electronic transmission to the addressee(s) listed above on the date below. (Cal. Code Civ. Proc. § 1010.6(6); Fed. R. Civ. Proc. 5(b)(2)E); Fed. R. Civ. Proc. 5(b)(3).) [] (BY PERSONAL SERVICE) I delivered the foregoing document by hand delivery to the addressed named above. (Cal Code Civ. Proc. § 1011; Fed. R. Civ. Proc. 5(b)(2)(A).) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on July 9, 2018, at Irvine, California. Grethel AL) ; CERTIFICATE OF SERVICE