Kevin J. Mclnerney, Esq., SBN 46941
1 Kelly Mclnemey, Esq., SBN 200017
2 Charles A. J ones, Esq., SBN 224915
MCINERNEY & Jours
3 18124 Wedge Parkway #503
Reno, NV 89511
4 Telephone: (775) 849-3811
Facsimile: (775) 849-3866
5 [email protected]
6 [email protected]
ca` cineme law.net
7 ]@mAtt0rne}ysf0r Plaint%v
3 Diana Tabacopoulos
SEYFARTH SHAW
9 One Century Plaza, Suite 3300
2029 Century Park East
I0 Los Angeles, CA 90067-3063
11 Telephone: (310) 201-5255
Facsimile: (310) 201-5219
12 [email protected]
Attorneys for Dekndant
13
14 UNITED STATES DISTRICT COURT
15 NORTHERN DISTRICT OF CALIFORNIA
16
LINDA YOUNG, and MIKE SAFAIE, Case No. C 07:2828 CW
17 mdtviduaiiy and tm behair
18 of all others similarly situated, STIPULATION AND
ORDER RE PRELIMINARY
19 Plaintiff, APPROVAL OF PROPOSED
SETTLEMENT, APPOINTMENT OF
20 v. SPECIAL MASTER, AND
CONTINUANCE OF CMC
21 CHARLES SCHWAB & CO., INC.
22 Defendant.
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24
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26 The parties have reached an agreement in principle to settle this action in its entirety.
27 The parties are finalizing documents for submittal to the Court in connection with a Motion for
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STIPULATION AND [PROPOSED] ORDER RE PRELIMINARY APPROVAL OF PROPOSED
SETTLEMENT, APPOINTMENT OF SPECIAL MASTER, AND CONTINUAN CE OF CMC
Case N0. C 07:2828 CW
ase 4:07-cv—O2828-CW Document 25 Filed O1/O3/2008 Page 2 of 4
1 Preliminary Approval of the proposed settlement. The parties are also attempting to finalize a
2 plan of distribution that would allocate the proceeds of the proposed settlement among the
3 employees of different states.
4 With respect to this latter point, the parties wish to have this Court appoint Retired Judge
5 Charles Legge to serve as a Special Master to review the proposed allocation prior to a
6 preliminary approval hearing held before this Court. To accomplish the foregoing, the parties,
; through their undersigned counsel, stipulate to seek proposed Orders from this Court as follows:
9 1. That Retired Judge Charles Legge be appointed as a Special Master pursuant to
10 FRCP 53 to preliminarily review the proposed settlement allocation on or before
1] February 13, 2008, and file a written report with this District Court on or before
12 February 22, 2008. The parties are not aware of any ground for disqualification
13 under 28 U.S.C. §455 and, in any event, waive any such disqualification.
14 2. That the parties file with this Court their Motion for Preliminary Approval not later
E than January 22, 2008.
17 3. That the parties request that this Court schedule a hearing regarding Preliminary
18 Approval on February 28, 2008 at 2:00 p.m. and continue the Case Management
19 Conference, currently calendared for January 8, 2008 at 2:00 p.m., to the date of the
20 Preliminary Approval hearing.
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23 ,.,.. .r., rr ,.... rm
: ecem er ,
24 Attorneys For Plaintiffs
25 fsf Kevin Mclnerney
26 Kevin J. Mclnerney
27
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STIPULATION AND [PROPOSED] ORDER RE PRELIMINARY APPROVAL OF PROPOSED
SETTLEMENT, APPOINTMENT OF SPECIAL MASTER, AND CON TIN UAN CE OF CMC
Case N0. C 07:2828 CW
2 Attorneys for Defendant
3 /s/ Diana Tabacopoulos
Diana Tabacopoulos
4
5
6 IT IS HEREBY ORDERED:
7
l. Retired Judge Charles Legge is appointed as a Special Master pursuant to FRCP
8
9 53 to preliminarily review the proposed settlement allocation on or before February 13, 2008
10 and file a written report with this District Court on or before February 22, 2008. In this regard,
1] the master shall proceed with all reasonable diligence and he shall:
12 A. Review the parties proposed plan of settlement allocation for
13 reasonableness and fairness and shall file his report with the court on or before February
14
22, 2008;
15
B. Be free to communicate ex parte with this Court or either party;
16
17 C. Preserve all briefs and data provided by the parties and a copy of
18 any report filed with this Court;
19 D. File his report with this Court publicly and serve the parties. The
20 Court will review his report independently, and
21 E. His compensation shall be his normal charges as a member of
22
JAMS and shall be paid by the plaintiffs.
23
24 2. The parties will file with this Court their Motion for Preliminary Approval not later than
25 January 22, 2008.
26 3. The Motion for Preliminary Approval will be heard on February 28, 2008 at
27 2:00 p.m..
28
STIPULATION AND [PROPOSED] ORDER RE PRELIMINARY APPROVAL OF PROPOSED
SETTLEMENT, APPOINTMENT OF SPECIAL MASTER, AND CONTINUANCE OF CMC
Case N0. C 07:2828 CW
ase 4:07-cv—O2828-CW Document 25 Filed O1/O3/2008 Page 4 of 4
1 4. The Case Management Conference, currently calendared for January 8, 2008 at 2:00
2 p.m., is continued to the date and time of the Preliminary Approval hearing.
3 l/3/08
4 Dated:
5 Honorable Claudia Vv‘i‘l‘kir1‘
6 Wilken
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STIPULATION AND [PROPOSED] ORDER RE PRELIMINARY APPROVAL OF PROPOSED
SETTLEMENT, APPOINTMENT OF SPECIAL MASTER, AND CONTINUAN CE OF CMC
Case N0. C 07:2828 CW
Case 4:07-cv-02828-CW
Document 25
Filed 01/03/2008
Page 1 of 4
Case 4:07-cv-02828-CW
Document 25
Filed 01/03/2008
Page 2 of 4
Case 4:07-cv-02828-CW
Document 25
Filed 01/03/2008
Page 3 of 4
Case 4:07-cv-02828-CW
Document 25
Filed 01/03/2008
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1/3/08
Wilken
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