Opinion
Case No. 09-cv-5142 EMC
10-05-2011
MOHAMMAD KAZEMI, individually and on behalf of a class of similarly situated individuals, Plaintiff, v. PAYLESS SHOESOURCE, INC., a Missouri corporation, COLLECTIVE BRANDS, INC., a Delaware corporation, and VOICE-MAIL BROADCASTING CORPORATION d/b/a VOICE & MOBILE BROADCAST CORPORATION a/k/a VMBC, Defendants.
JEFFREY F. KELLER (SBN 148005) KELLER GROVER, LLP JOHN G. JACOBS (PRO HAC VICE) BRYAN G. KOLTON (PRO HAC VICE) JACOBS KOLTON, CHTD. Attorneys for Plaintiff and the Settlement Class IAN D. VOLNER (PRO HAC VICE) VENABLE, LLP Attorneys For Defendant Payless Shoesource, Inc.
JEFFREY F. KELLER (SBN 148005)
KELLER GROVER, LLP
JOHN G. JACOBS (PRO HAC VICE)
BRYAN G. KOLTON (PRO HAC VICE)
JACOBS KOLTON, CHTD.
Attorneys for Plaintiff and the Settlement Class
IAN D. VOLNER (PRO HAC VICE)
VENABLE, LLP
Attorneys For Defendant Payless Shoesource, Inc.
CLASS ACTION
STIPULATION TO CONTINUE FILING DATE FOR PLAINTIFF'S MOTION
FOR AWARD OF ATTORNEYS' FEES AND EXPENSES AND INCENTIVE
AWARD TO THE CLASS REPRESENTATIVE ; ORDER
Plaintiff Mohammad Kazemi ("Plaintiff") and Defendant Payless Shoesource, Inc. ("Payless" or "Defendant"), by and through their respective counsel, hereby enter into the following Stipulation seeking a continuance of the filing date for Plaintiff's motion for an award of attorneys' fees and expenses and incentive award to the class representative from October 5, 2011 to October 13, 2011. This Stipulation is made and entered into by the parties based on the following facts:
On March 31, 2011, Plaintiff filed a motion for preliminary approval of a class action settlement agreement into which the parties had entered, which motion was to be presented on April 25, 2011. (Docket No. 53.) The Court (per Judge Patel to whom the case was originally assigned, and then per Judge Chen to whom it was transferred) ordered supplemental briefing on specified issues, which supplemental briefing was supplied (Docket Nos. 61, 63, 70 and 72). On September 6, 2011, this Court entered its Order (Docket No. 76), granting preliminary approval to the class action settlement. The said Order specified, inter alia, that plaintiff should file any petition for an award of attorneys' fees and expenses and an incentive award to the class representative no later than October 5, 2011.
The schedule of the undersigned counsel for Plaintiff during the time since the entry of the Order has been particularly onerous and despite diligent efforts, counsel does not feel able to file an appropriate petition without obtaining a short extension, until October 13, 2011.
Accordingly, the undersigned parties HEREBY STIPULATE AND AGREE as follows, subject to the approval of the Court:
1. Plaintiff's time for filing a petition for an award of attorneys' fees and expenses and an incentive award to the class representative shall be extended to October 13, 2011.
2. No other dates specified in the Court's September 6, 2011 Order shall be affected or changed by this Stipulation.
IT IS SO STIPULATED.
Respectfully submitted,
JACOBS KOLTON, CHARTERED
John G. Jacobs
Attorneys for Plaintiff and the Settlement Class
VENABLE, LLP
Ian D. Volner
Attorney for Defendant Payless Shoesource, Inc.
IT IS SO ORDERED.
Judge Edward M. Chen
GENERAL ORDER 45 ATTESTATION
In accordance with General Order 45, concurrence in the filing of this document has been obtained from Ian D. Volner. I shall maintain records to support this concurrence for subsequent production to the Court if so ordered for inspection upon the request of any party.
John G. Jacobs
One of The Attorneys for Plaintiff and the Setlement Class