Opinion
Case No. C-09-2270 CRB
10-11-2011
ERIC GUNDERSEN, on behalf of himself and all others similarly situated, Plaintiff, v. LENNAR ASSOCIATES MANAGEMENT, LLC; LENNAR CORPORATION dba LENNAR HOMES, and DOES 1 through 10, inclusive, Defendants.
Aaron Kaufmann, Cal. Bar No. 148580 David Pogrel, Cal. Bar No. 203787 HINTON, ALFERT SUMNER & KAUFMANN Richard J. (Rex) Burch (admitted pro hac vice ) BRUCKNER BURCH PLLC Attorneys for Plaintiff and the Putative Class Cindi L. Pusateri (CA State Bar No. 216899) MEYER WHITE LLP Theodore ("Ted") D. Meyer (admitted pro hac vice ) Julia Lynn Nye (CA State Bar No. 160092) MEYER WHITE LLP Attorneys for Defendants Lennar Associates Management, LLC and Lennar Corporation dba Lennar Homes
Aaron Kaufmann, Cal. Bar No. 148580
David Pogrel, Cal. Bar No. 203787
HINTON, ALFERT SUMNER & KAUFMANN
Richard J. (Rex) Burch (admitted pro hac vice)
BRUCKNER BURCH PLLC
Attorneys for Plaintiff and the Putative Class
Cindi L. Pusateri (CA State Bar No. 216899)
MEYER WHITE LLP
Theodore ("Ted") D. Meyer (admitted pro hac vice)
Julia Lynn Nye (CA State Bar No. 160092)
MEYER WHITE LLP
Attorneys for Defendants
Lennar Associates Management, LLC
and Lennar Corporation dba Lennar Homes
STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINE TO
FILE MOTION FOR FINAL APPROVAL OF SETTLEMENT AND
CERTIFICATION OF SETTLEMENT CLASS
Pursuant to Rule 4 of the Honorable Judge Breyer's Standing Order, and subject to the Court's approval, Plaintiff Eric Gundersen ("Gundersen") and Defendants Lennar Associates Management, LLC, and Lennar Corporation dba Lennar Homes, (collectively "Lennar") hereby Stipulate to a continuance of the deadline to file the Motion for Final Approval of Class Action Settlem ent and papers in support thereof to Tuesday, October 11, 2011, and they show as follows:
1. A hearing on the Motion for Final Approval of Settlement is set for 10:00 a.m. on October 21, 2011. DE 171.
2. The Parties prefer to maintain the hearing date on October 21.
3. The deadline for filing the Motion for Final Approval of Settlement and papers in support thereof is today, October 5, 2011. DE 171.
4. The Parties are working together in good faith to finalize the motion and supporting paperwork, including obtaining a declaration from the Claims Administrator confirming the number of participating class members, lack of any objectors, and calculations of the individual class member settlement amounts.
5. No objections have been received concerning the Parties' proposed Settlement, and no putative class member has opt-ed out.
6. The Parties jointly seek a Court Order extending the deadline to file the Motion for Final Approval and papers in support thereof to Tuesday, October 11, 2011, in order to provide sufficient opportunity to assimilate settlement participation rates and calculations and finalize moving and supporting papers, which the parties expect will be unopposed.
MEYER WHITE LLP
Cindi L. Pusateri
Counsel for Defendants
LENNAR ASSOCIATES MANAGEMENT,
LLC; LENNAR CORPORATION dba
LENNAR HOMES
HINTON, ALFERT, SUMMER & KAUFMANN
Aaron D. Kaufmann
Counsel for Plaintiff
ERIC GUNDERSEN
order
PURSUANT TO THE STIPULATION, IT IS ORDERED.
The deadline to file the Motion for Final Approval of Class Action Settlement and papers in support thereof is reset to October 11, 2011. The hearing on the Motion for Final Approval of Settlement presently set for October 21, 2011 at 10:00 a.m. remains on the Court's docket for that date and is not continued.
Judge Charles R. Breyer