Free Stipulation - District Court of California - California

Case 4:07-cv-02828-CW

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Filed 07/01/2008

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DOSTART CLAPP GORDON & COVENEY James F. Clapp (SBN 145814) [email protected] 4370 La Jolla Village drive, Suite 970 San Diego, California 92122 Telephone: (858) 623-4200 Facsimile: (858) 623-4299 McINERNEY & JONES Kevin J. McInerney (SBN 46941) [email protected] Charles A. Jones (SBN 224915) [email protected] 18124 Wedge Parkway #503 Reno, Nevada 89511 Telephone: (775) 849-3811 Facsimile: (775) 849-3866 Attorneys for Plaintiffs

9 10 11 12 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 17 18 19 Plaintiffs, 20 vs. 21 CHARLES SCHWAB & CO., INC., 22 Defendant. 23 24 25 26 27 28 Plaintiffs Linda Young and Mike Safaie ("Plaintiffs") and Defendant Charles Schwab & Co. ("Defendant") (jointly "the Parties"), by and through their undersigned counsel, enter into the following Stipulation: 1
Stipulation and [Proposed] Order Approving of Re-Sending of Class Notice and Approving of Language for Cover Letter to Accompany Same / Case No. C 07-2828 CW
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SEYFARTH SHAW LLP Diana Tabacopoulos (SBN: 128238) [email protected] 2029 Century Park East, Suite 3300 Los Angeles, California 90067-3063 Telephone: (310) 277-7200 Facsimile: (310) 201-5219 Attorneys for Defendant CHARLES SCHWAB & CO., INC.

LINDA YOUNG, MIKE SAFAIE, and JANICE KEVARI, individually and on behalf of all others similarly situated,

) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. C 07-2828 CW STIPULATION AND [PROPOSED] ORDER APPROVING RE-SENDING OF CLASS NOTICE AND APPROVING OF LANGUAGE FOR COVER LETTER TO ACCOMPANY SAME

Case 4:07-cv-02828-CW

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Filed 07/01/2008

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Stipulation and [Proposed] Order Approving of Re-Sending of Class Notice and Approving of Language for Cover Letter to Accompany Same / Case No. C 07-2828 CW
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WHEREAS, on March 13, 2008, the Court approved of the language for, and sending of, Notices of Pendency of Class Action and Opportunity to Opt-In ("Notice") to Class Members in the above captioned case. WHEREAS, said Notices were initially mailed to Class Members on or about May 2, 2008 by settlement administrator Rust Consulting, Inc. WHEREAS, to date, approximately 58 percent of Class Members have not yet responded to the Notice. WHEREAS, the deadline for submitting a Consent to Join and Claim Form or an Exclusion Form is July 31, 2008. WHEREAS, the Parties would like to ensure that all Class Members received copies of said Notices and are aware of their rights under the settlement. NOW, THEREFORE, the Parties hereby stipulate to re-send identical copies of Notices to Class Members to be accompanied by a cover letter, the language for which is set forth in Exhibit A hereto. IT IS SO STIPULATED. DATED: July 1, 2008 DOSTART CLAPP GORDON & COVENEY

By:

/S/ James F. Clapp Attorneys for Plaintiffs DATED: July 1, 2008 MCINERNEY & JONES

By:

/S/ Kevin J. McInerney Attorneys for Plaintiffs

Case 4:07-cv-02828-CW

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DATED: July 1, 2008

SEYFARTH SHAW LLP

By:

/S/ Diana Tabacopoulos Attorneys for Defendant CHARLES SCHWAB & CO., INC. (I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document.)

IT IS HERBY ORDERED: 1. The Parties are permitted to re-send identical Notices of Pendency of Class Action

and Opportunity to Opt-In to Class Members who have not yet responded to the Notice. 2. Notices may be accompanied by a cover letter, the language for which is set forth

in Exhibit A to this Order.

Dated: _________________________

_____________________________ Claudia Wilken U.S. District Court Judge

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Stipulation and [Proposed] Order Approving of Re-Sending of Class Notice and Approving of Language for Cover Letter to Accompany Same / Case No. C 07-2828 CW
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Case 4:07-cv-02828-CW

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Exhibit A: Cover Letter Language Dear ________: As we have not yet received a response from you, we are re-sending the enclosed Notice of Pendency of Class Action and Opportunity to Opt-In and related documents. These same documents were initially mailed to you on or about May 2, 2008. Please be reminded that if you wish to receive payment under the Settlement, you must submit your Consent to Join Settlement and Claim Form via U.S. mail postmarked no later than July 31, 2008 to Schwab Claims Administrator, c/o Rust Consulting, Inc., P.O. Box 9442, Minneapolis, MN 55440-9442. Please note that it is your right to submit a claim and Schwab encourages your participation, although it is your choice whether or not to submit a claim. Whether or not you make a claim will have no impact on your employment with Schwab. All settlement funds will be distributed to eligible Class Members who submit claims, with no funds reverting to Schwab. Therefore, if you do not make a claim, your portion of the settlement funds will be distributed pro rata to those employees who do make a claim. Thank you. Rust Consulting, Inc.

LA1 6703572.1