Opinion
PETER R. DION-KINDEM, THE DION-KINDEM LAW FIRM, PETER R. DION-KINDEM, P. C., Woodland Hills, California LONNIE C. BLANCHARD, III, THE BLANCHARD LAW GROUP, APC, Los Angeles, CA, Attorneys for Plaintiff Michael Kirchner.
Philip J. Campisi, Jr., WESTERMAN BALL EDERER MILLER ZUCKER & SHARFSTEIN, LLP, Uniondale, New York, Attorneys for Defendant SHRED-IT USA INC.
JOINT STIPULATION TO RESET CERTAIN DATES RELATED TO THE CLASS ACTION SETTLEMENT
WILLIAM B. SHUBB, District Judge.
Plaintiff MICHAEL KIRCHNER and Defendant SHRED-IT USA INC. n/k/a SHRED-IT USA LLC (collectively, the "Parties"), by their counsel, stipulate and agree as follows:
WHEREAS, on March 18, 2015, the Parties submitted a Stipulation and Proposed Order for Preliminary Approval of Class Action Settlement.
WHEREAS, on March 31, 2015, the Court issued a Memorandum and Order signed by Senior Judge William B. Shubb Granting the Parties' Motion for Preliminary Settlement Approval (the "Order"). Among other things, the Order set forth a schedule of deadlines for the Parties to effectuate the settlement.
WHEREAS, despite the Parties' best efforts and as previously reported to the Court by counsel, there were unexpected delays in obtaining information necessary to mail the Settlement Notice Form to all members of the Settlement Class, including obtaining last known addresses for a portion of the proposed class, as directed by the Court.
WHEREAS, at the time of the Court's Order, the Parties' understood that the proposed class contained approximately 3, 328 members. Upon further investigation, the proposed class contains approximately 3, 318 members. The reduction in the number of members of the proposed class will increase the approximate recovery for each member from $45.55 to $45.69.
NOW THEREFORE, the Parties stipulate and agree that all dates identified in Paragraphs 6 through 13 of the Order are modified so that they will be calculated by reference to the date that this Joint Stipulation is "So Ordered".
FURTHER, a final Fairness Hearing shall be held before this court on October 19, 2015, at 2:00 p.m. in Courtroom 5.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
ORDER
IT IS SO ORDERED.