Taylorv.Fedex Freight, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISIONAug 19, 2011
Case No. 5:10-CV-02118 LHK (N.D. Cal. Aug. 19, 2011)

Case No. 5:10-CV-02118 LHK

08-19-2011

ROY D. TAYLOR, ARLETHA FLUD, THOMAS J. WOOD, ERNEST C. HARVEY, II, individually, and on behalf of all other similarly situated, Plaintiff, v. FEDEX FREIGHT, INC., an Arkansas Corporation, and DOES 1 through 20, inclusive, Defendant.

KEITH A. JACOBY, Bar No. 150233 LITTLER MENDELSON A Professional Corporation MICHELLE B. HEVERLY, Bar No. 178660 ERICA H. KELLEY, Bar No. 221702 LITTLER MENDELSON A Professional Corporation Attorneys for Defendant FEDEX FREIGHT, INC. LAW OFFICE OF MARY-ALICE COLEMAN MARY-ALICE COLEMAN, SBN 98365 JAMES C. ASHWORTH, SBN 151272 LAW OFFICES OF MICHAEL L. CARVER MICHAEL L. CARVER, SBN 173633 MICHELLE M. LUNDE, SBN 246585 Attorneys for Plaintiffs, ROY D. TAYLOR, ARLETHA FLUD, THOMAS J. WOOD, ERNEST C. HARVEY, II, individually, and on behalf of all others similarly situated


KEITH A. JACOBY, Bar No. 150233


LITTLER MENDELSON


A Professional Corporation


MICHELLE B. HEVERLY, Bar No. 178660


ERICA H. KELLEY, Bar No. 221702


LITTLER MENDELSON


A Professional Corporation


Attorneys for Defendant


FEDEX FREIGHT, INC.


LAW OFFICE OF MARY-ALICE COLEMAN


MARY-ALICE COLEMAN, SBN 98365


JAMES C. ASHWORTH, SBN 151272


LAW OFFICES OF MICHAEL L. CARVER


MICHAEL L. CARVER, SBN 173633


MICHELLE M. LUNDE, SBN 246585


Attorneys for Plaintiffs, ROY D. TAYLOR,


ARLETHA FLUD, THOMAS J. WOOD,


ERNEST C. HARVEY, II, individually,


and on behalf of all others similarly situated


JOINT STIPULATION AND


PROPOSED
ORDER REGARDING


POSSIBLE CONTINUANCE OF


HEARING ON MOTION FOR


PRELIMINARY APPROVAL OF


SETTLEMENT


WHEREAS, the parties have reached a settlement of the above-entitled matter, and a Motion for Preliminary Approval of the class action settlement was filed by the Class on July 22, 2011. On August 5, 2011, Defendant filed a Statement of Non-Opposition, indicating that it did not oppose the motion and attaching a final copy of the Stipulated Settlement Agreement.

WHEREAS, on June 10, 2011, this Court issued an Order setting the hearing date on the Motion for Preliminary Approval for September 1, 2011. That Order indicated that the Court would rule on the papers if possible, and if a ruling on the papers was made, the hearing date would be vacated.

WHEREAS, to the extent a hearing is required on the Motion for Preliminary Approval, it will require attendance of Class Counsel, Counsel for Defendant and Defendant's General Counsel to work through any issues identified by the Court.

WHEREAS, lead trial counsel for Defendant FedEx Freight, Inc., Keith Jacoby, is set for trial in a matter in the U.S. District Court for the Central District before Judge Margaret S. Morrow in the matter of Cordova v. Comerica Bank, Case No. 09-CV-08905 MMM (PLAx). That trial is set to commence on August 30, 2011 and is not expected to be concluded by September 1, 2011. All pre-trial work has been done on the case, and Judge Morrow has indicated that she is available for trial on the scheduled date.

WHEREAS, Defendant's General Counsel, Richard Goldaber, is also unavailable on September 1, 2011, due to a previous commitment.

NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs Roy Taylor, Arletha Flud, Thomas Wood and Ernest Harvey and Defendant FedEx Freight, Inc., through their respective counsel, and subject to approval by the Court, that to the extent a hearing on the pending Motion for Preliminary Approval of Class Action Settlement is necessary, the hearing shall be moved one week to September 8, 2011, or another mutually convenient date should the Court be unavailable on September 8, 2011. The Case Management Conference, which is currently set for September 1, 2011, shall also be moved to the same date. The Parties will file a Joint Case Management Conference Statement by September 1, 2011.

MICHELLE B. HEVERLY


LITTLER MENDELSON


A Professional Corporation


Attorneys for Defendant


FEDEX FREIGHT, INC.


MICHAEL L. CARVER


LAW OFFICES OF MICHAEL L. CARVER


Attorneys for Plaintiffs


ORDER

The Court having reviewed the foregoing joint stipulation, IT IS HEREBY ORDERED as follows:

The Motion for Preliminary Approval of Class Settlement of the above captioned case shall be heard on September 15, 2011. The Case Management Conference shall be scheduled for the same day. The Parties shall file a Case Management Conference Statement by September 1, 2011.


HONORABLE LUCY KOH