1 James F. Clapp, Esq., SBN 145814 · n
DOSTART CLAPP GORDON & COVENEY
2 4370 La Jolla Village Drive, Suite 970
San Diego, CA 92122
3 Telephone: (858) 623-4200
Facsimile: (858) 623-4299
4 [email protected]
5 Kevin J. Mclnemey, Esq., SBN 46941 _
Charles A. J ones, Esq., SBN 224915 V
6 MCINERNEY & JoNEs
18124 Wedge Parkway #503
7 Reno, NV 89511
Telephone: (775) 849-3811
8 Facsimile: (775) 849-3866
» [email protected]
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Attorneys for Plaintgjisi
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12 UNITED STATES DISTRICT COURT
13 NORTHERN DISTRICT OF CALIFORNIA
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LINDA YOUNG, MIKE SAFAIE, and Case No. C 07:2828 CW .
15 JANICE KEVARI, individually and on behalf
of all others similarly situated, NOTICE OF MOTION ANI) MOTION
16 FOR FINAL APPROVAL OF
Plaintiffs, SETTLEMENT
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v. Date: August 21, 2008
18 Time: 2:00 p.m.
CHARLES SCHWAB & CO., INC. Place,. Coumoom 2 q
19 Defendant Judge: Hon. Claudia Wilken
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_ NOTICE OF MOTION AND MOTION
CASE NO. C 07.2828 CW FOR FINAL APPROVAL
Case 4:07-cv—02828-CW Document 47 Filed O7/17/2008 Page 2 of 3
1 PLEASE TAKE NOTICE that on August 21, 2008, or as soon thereafter as the matter
2 may be heard, before the Honorable Claudia Wilken in Courtroom 2 of the United Stated District
3 Court for the Northern District of California, located at 1301 Clay Street, Suite 400 S in Oakland,
4 California 94612, Plaintiffs Linda Young, Mike Safaie, and Janice Kevari will move for final
5 approval of the Settlement in this action. Good cause exists to grant this motion because the
6 settlement is fair, reasonable and adequate. ‘ A
7 The Plaintiffs have based this Motion on this Notice of Motion, the Memorandum of
8 Points and Authorities in Support of Motion for Final Approval, the Declaration of Kevin J.
9 Mclnerney, the Declaration of James F. Clapp, the papers and records on file in this action, and
10 on such oral and documentary evidence as may be presented at the hearing of the motion.
11 The plaintiffs request that the Court: (1) grant final approval of the Settlement; (2) award
12 the requested attorney’s fees and costs; (3) award additional compensation to the named Plaintiffs
13 Young, Safaie, and Kevari; and (4) approve the payment of fees and costs to Rust Consulting, the
14 notice and claims administrator.
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17 DATEDZ July 17, 2008 Respectfully submitted,
18 MCINERNEY & Jorvns
19 By: /s/ Kevin J. Mclnerney _
Kevin J. Mclnerney -
20 Attorneys for Plaintiffs
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CASE NO. C 07:2828 CW -1- JOINT MOTION FOR APPROVAL
Case 4:07-cv—02828-CW Document 47 Filed O7/17/2008 Page 3 of 3
1 PROOF OF SERVICE . I
Linda Young and lVIike Safaie, et al. v. Charles Schwab & Co., Inc
2 United States District Court, Northern District of California
Case No. C-07:2828 CW
3
I, the undersigned, declare as follows:
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I am employed in the County of Washoe, State of Nevada.
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I am over the age of eighteen (18) years and not a party to the within action; my business address
6 is 18124 Wedge Parkway, #503, Reno Nevada, 89511.
7 On July 17, 2008, I served the foregoing document(s) described as:
8 1. NOTICE OF MOTION AND MOTION FOR FINAL APPROVAL OF
SETTLEMENT
9 2. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION
10 FOR FINAL APPROVAL OF SETTLEMENT .
3. NOTICE OF MOTION AND MOTION FOR ATTORNEY’S FEES, COSTS, AND
11 CLASS REPRESENTATIVE ENHANCEMENT S
4. CLASS COUNSEL’S APPLICATION FOR ATTORNEY’S FEES, LITIGATION
12 COSTS, AND CLASS REPRESENTATIVE ENHANCEIVIENTS
5. DECLARATION OF KEVIN J. MCINERNEY IN SUPPORT OF: MOTION FOR
13 FINAL APPROVAL OF SETTLEMENT; CLASS COUNSEL’S FEE AND COSTS
14 APPLICATION; AND ENHANCEMENTS AWARDS FOR THE NAMED
PLAINTIFFS .
15 6. DECLARATION OF KEVIN J. MCINERNEY IN SUPPORT OF: MOTION FOR
FINAL APPROVAL OF SETTLEMENT; CLASS COUNSEL’S FEE AND COSTS
16 APPLICATION; AND ENTLANCEMENTS AWARDS FOR THE NAMED
PLAINTIFFS
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18 on all interested parties in this action addressed to the addressee as follows:
19 Diana Tabacopolous
SEYEARTH SHAW LLP , ‘
20 One Century Plaza, Suite 3300
2029 Century Park East
21 Los Angeles, CA 90067-3063
22 X_X_ By CM/ECF. I electronically transmitted the attached document to the Clerl<’s Office using
the CM/ECF system for filing and transmittal of a Notice of Electronic Filing to the above
23 CM/ECF registrant(s).
24 I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.
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26 Executed on July 17, 2008, at Reno, Nevada.
27 /s/ Jennifer Smith
Jennifer Smith
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PROOF OF SERVICE
Case 4:07-cv-02828-CW
Document 47
Filed 07/17/2008
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Case 4:07-cv-02828-CW
Document 47
Filed 07/17/2008
Page 2 of 3
Case 4:07-cv-02828-CW
Document 47
Filed 07/17/2008
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