Opinion
CASE NO: CV11-1596-JCS
11-23-2011
JAMES ANSLOW, on behalf of himself and all others similarly situated, v. WELLINGTON ENERGY, INC., a Pennsylvania corporation, and DOES 1 through 50, inclusive, Defendants.
GAINES & GAINES A Professional Law Corporation By: DANIEL F. GAINES Attorney for Plaintiff REED SMITH LLP By: Linda S. Husar * Attorney for Defendant
STEVEN L. MILLER, ESQ. SBN 092835
STEVEN L. MILLER, APLC
KENNETH S. GAINES, ESQ. SBN 049045
DANIEL F. GAINES, ESQ. SBN 251488
GAINES & GAINES, APLC
Attorneys for Plaintiff James Anslow, on behalf of himself and all others similarly situated, and on
behalf of the general public
NOTICE OF SETTLEMENT; STIPULATION AND [PROPOSED]
ORDER VACATING DECEMBER 2, 2011 CASE MANAGEMENT CONFERENCE
TO THE HONORABLE COURT AND TO ALL PARTIES TO THIS ACTION:
Please take notice that Plaintiff JAMES ANSLOW ("Plaintiff") and Defendant WELLINGTON ENERGY, INC. ("Defendant") have reached a tentative settlement of this class action, subject to Court approval.
STIPULATION
WHEREAS, following a formal mediation with employment mediator Mark Rudy, Esq. and subsequent negotiations, the Parties have entered into a memorandum of understanding documenting the material terms of their proposed classwide settlement;
WHEREAS, a case management conference is currently set for December 2, 2011 at 1:30p.m.;
IT IS THEREFORE HEREBY STIPULATED AND AGREED by the Parties that the Court may enter an order vacating all pending hearing dates and deadlines, specifically including but not limited to the December 2, 2011 case management conference, and stay the case pending the settlement approval process;
IT IS FURTHER STIPULATED AND AGREED that the Parties shall prepare their class settlement agreement and class notice and file a motion for preliminary approval of the settlement as soon as practicable.
Respectfully submitted,
GAINES & GAINES
A Professional Law Corporation
By: DANIEL F. GAINES
Attorney for Plaintiff
REED SMITH LLP
By: Linda S. Husar*
Attorney for Defendant
* I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document.
[PROPOSED] ORDER
Pursuant to the Stipulation of the Parties, the Court vacates all pending hearing dates and deadlines, specifically including but not limited to the December 2, 2011 case management conference, and stays the case pending the settlement approval process;
The Parties shall prepare their class settlement agreement and class notice and file a motion for preliminary approval of the settlement as soon as practicable.
IT IS SO ORDERED.
Joseph C. Spero
UNITED STATES MAGISTRATE JUDGE
PROOF OF SERVICE
UNITED STATES DISTRICT COURT OF CALIFORNIA
NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION
CASE NAME: JAMES ANSLOW, on behalf of himself and all others similarly situated, vs. WELLINGTON ENERGY, INC., a Pennsylvania corporation, and DOES 1 through 50, inclusive, CASE NUMBER: CV11-1596-JCS
I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is: 21550 Oxnard Street, Suite 980, Woodland Hills, California 91367
On November 22, 2011, I served the foregoing document(s) described as:
NOTICE OF SETTLEMENT; STIPULATION AND [PROPOSED] ORDER VACATING DECEMBER 2, 2011 CASE MANAGEMENT CONFERENCE
in this action by placing a true copy thereof in a sealed envelope addressed as follows:
Thomas E. Hill
Reed Smith LLP
355 South Grand Avenue
Suite 2900
Los Angeles, CA 90071-1514
__ BY NOTICE OF ELECTRONIC FILING. The above-listed counsel have consented to electronic service and have been automatically served by the Notice of Electronic Filing, which is automatically generated by CM/ECF at the time said document was filed, and which constitutes service pursuant to FRCP 5(b)(2)(D). X FEDERAL. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct, and that I am employed in the office of a member of the bar of this Court at whose direction the service was made.
Executed on November 22, 2011, at Woodland Hills, California.
Daniel F. Gaines