Opinion
No.: CV 08-5198 EMC
11-28-2011
ALICIA HARRIS, as an individual and on behalf of all others similarly situated, Plaintiffs, v. VECTOR MARKETING CORPORATION, a Pennsylvania corporation; and DOES 1 through 20, inclusive, Defendants.
John P. Zaimes (SBN 91933) Roxanne M. Wilson (SBN 94627) John H. Lien (SBN 222842) REED SMITH LLP Attorneys for Defendant Vector Marketing Corporation MARLIN & SALTZMAN Christina A. Humphrey Attorneys for Plaintiff ALICIA HARRIS
John P. Zaimes (SBN 91933)
Roxanne M. Wilson (SBN 94627)
John H. Lien (SBN 222842)
REED SMITH LLP
Attorneys for Defendant
Vector Marketing Corporation
JOINT STIPULATION AND
[PROPOSED] ORDER RE:
ATTENDANCE OF PARTIES AT
SETTLEMENT CONFERENCE
Trial Date: Vacated
Plaintiff Alicia Harris ("Plaintiff" or "Harris") and Defendant Vector Marketing Corporation ("Defendant" or "Vector") (collectively referred to as the "Parties") enter into this joint stipulation with reference to the following facts:
RECITALS
WHEREAS, on March 10, 2011, the Parties entered into a settlement of class action claims following a mediation with mediator Anthony Piazza;
WHEREAS, on March 29, 2011, Plaintiff filed a motion for preliminary approval of class action settlement (see docket no. 450);
WHEREAS, on April 29, 2011, the Honorable Edward M. Chen granted Plaintiff's motion for preliminary approval of the proposed class action settlement (see docket no. 466);
WHEREAS, on July 20, 2011, Plaintiff filed a motion for final approval of class action settlement and for an award of costs and fees (see docket no. 476);
WHEREAS, on August 10, 2011, the Honorable Edward M. Chen indicated, at the hearing on Plaintiff's motion for final approval of the class action settlement, that he would grant final approval of the class action settlement;
WHEREAS, on October 12, 2011, the Honorable Edward M. Chen issued an order denying final approval of the class action settlement due to the district court's interpretation of recent case law, specifically, In re Bluetooth Headset Products Liability Litigation, No. 09-56683, 2011 U.S. App. LEXIS 17224 (9th Cir. Aug. 19, 2011) (see docket no. 495);
WHEREAS, on October 28, 2011, the parties and Judge Chen held a lengthy Status Conference, during which they thoroughly explored the parameters of an acceptable settlement structure;
WHEREAS, the Parties believe that a settlement in this action after more than three years of contentious and hard fought litigation is in the best interests of the Parties and, as a result, have elected to continue settlement discussions with the assistance of Magistrate Judge Joseph C. Spero, which settlement conference is currently set for December 5, 2011;
WHEREAS, the Parties believe that through further negotiations, any new settlement of the class claims will represent a refinement, and not wholesale change, to the previously agreed upon settlement; and
WHEREAS, given their ability to reach a settlement agreement previously and the procedural posture of the pending settlement conference, the Parties do not believe that the physical presence of named plaintiff Alicia N. Harris and the corporate representative for Vector at the settlement conference will materially aide in the resolution of the matter.
STIPULATION
NOW, THEREFORE, it is hereby stipulated by the Parties, through their respective counsel of record, as follows:
1. That named plaintiff Alicia N. Harris and the corporate representative be relieved of the obligation under Magistrate Judge Spero's Notice of Settlement Conference and Order Setting Settlement Conference to be physically present at the settlement conference; and
2. Both named plaintiff Alicia N. Harris and the corporate representative for Vector will be available with unlimited settlement authority via teleconference, as necessary, at all times during the pendency of the settlement conference set for December 5, 2011.
REED SMITH LLP
John H. Lien
Attorneys for Defendant
VECTOR MARKETING CORPORATION
MARLIN & SALTZMAN
Christina A. Humphrey
Attorneys for Plaintiff
ALICIA HARRIS
ORDER
Based on the above stipulation, IT IS SO ORDERED that the Court's Notice of Settlement Conference and Order Setting Settlement Conference (see docket no. 499) is modified to relieve named Plaintiff Alicia N. Harris and Vector's corporate representative of any personal appearance at the settlement conference set for December 5, 2011, but that both Parties shall be available via teleconference, as necessary, at all times during the pendency of the settlement conference.
Judge Joseph C. Spero