United States District Court, D. Nevada
DANIEL ACUNA; and JERRY SCHAFFER, as individuals, and on behalf of others similarly situated, Plaintiffs,
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
ZUCKER ABBOTT Carol Davis Zucker Nicole A. Young Attorneys
STIPULATION AND ORDER TO EXTEND NOTICE DATE AND FINAL
George W. Foley United States Magistrate Judge.
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
Extend the deadline to mail the Notice of Settlement
(“Notice”) from April 9, 2018 to April 17, 2018.
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,
an extension of eight (8) days for the deadline to mail the
Notice of Settlement and seven (7) days for the Final
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
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