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Acuna v. Southern Nevada T.B.A Co.

United States District Court, D. Nevada

April 17, 2018

DANIEL ACUNA; and JERRY SCHAFFER, as individuals, and on behalf of others similarly situated, Plaintiffs,
v.
SOUTHERN NEVADA T.B.A CO., a Nevada Corporation, doing business as “TED WIENS TIRE & AUTO CENTERS”, Defendants.

          REMPFER MOTT LUNDY Andrew L. Rempfer Joseph N. Mott Attorneys for Plaintiffs and Class Counsel

          KAMER ZUCKER ABBOTT Carol Davis Zucker Nicole A. Young Attorneys for Defendant

          STIPULATION AND ORDER TO EXTEND NOTICE DATE AND FINAL APPROVAL HEARING

          Hon. George W. Foley United States Magistrate Judge.

         Plaintiffs Daniel Acuna and Jerry Shaffer (“Plaintiffs”), by and through their counsel, Andrew L. Rempfer, Joseph N. Mott, and Scott Lundy of Rempfer Mott Lundy, and Defendant Southern Nevada T.B.A. Co. d/b/a Ted Wiens Auto & Tire Centers (“Defendant”), by and through its counsel, Carol Davis Zucker and Nicole A. Young of Kamer Zucker Abbott, hereby stipulate and request an order extending certain deadlines and dates with respect to the parties settlement, preliminarily approved by the court on March 19, 2018, as follows:

         1. Extend the deadline to mail the Notice of Settlement (“Notice”) from April 9, 2018 to April 17, 2018.

         2. Vacate the present setting for the Final Approval Hearing of July 19, 2018, and reset the date of that hearing for another date at the court's earliest convenience after July 26, 2018.

         3. This an extension of eight (8) days for the deadline to mail the Notice of Settlement and seven (7) days for the Final Approval Hearing.

         4. This Stipulation and request is made to enable the Settlement process to go forward as soon as possible, in light of scheduling issues involving the Claims Administrator and Class Counsel, and is not for purposes of delay or any other improper purpose.

         5. This stipulation is based upon the following facts:

a. On March 19, 2018, this court preliminarily approved the settlement, the Notice and claim forms, subject to certain changes, and set the date of the Final Approval Hearing to take place on July 19, 2018. Order Re: Motion for Preliminary Approval of Class Action Settlement (ECF No. 80).
b. By the terms of the Settlement Agreement and the preliminary approval order, within fourteen (14) days following the court's preliminary approval, Defendant was required to provide to the Claims Administrator, Swarts & Swarts, the list of members of each Subclass. Stipulation and Agreement for Settlement and Release of Fair Labor Standards Act Collective Action and Settlement and Release of Claims in Accompanying Class Action ¶ 27(a), p. 19 (ECF No. 62), and Preliminary Approval Order ¶ 9, p. 26. (ECF no. 80). That date was April 2, 2018.
c. On April 2, 2018, Defendant provided the three (3) lists via email of Excel spreadsheets to George Swarts.
d. Defendant's counsel prepared the modifications to the Notice and forwarded the draft for approval by Plaintiffs' counsel. Mr. Rempfer, lead counsel for Plaintiffs, is ill and presently unable to devote any time to this case. The other counsel for Plaintiffs have been required to participate in depositions in another case and ...

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