Case 2:15-cv-05005-SJO-MRW Document 69 Filed 12/06/16 Page 1 of 5 Page ID #:1132 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Douglas Caiafa, Esq. (SBN 107747) DOUGLAS CAIAFA, A Professional Law Corporation 11845 West Olympic Boulevard, Suite 1245 Los Angeles, California 90064 (310) 444-5240 - phone; (310) 312-8260 - fax Email: dcaiafa@caiafalaw.com Christopher J. Morosoff, Esq. (SBN 200465) LAW OFFICE OF CHRISTOPHER J. MOROSOFF 77-760 Country Club Drive, Suite G Palm Desert, California 92211 (760) 469-5986 - phone; (760) 345-1581 - fax Email: cjmorosoff@morosofflaw.com Attorneys for Plaintiffs JAMES HOROSNY, et al. Mark H. Epstein, Esq. (SBN 121436) MUNGER TOLLES & OLSON 355 S. Grand Ave. Los Angeles, California 90071 (213) 683-9100 - phone; (310) 312-8260 - fax Email: Mark.Epstein@mto.com Attorneys for Defendant BURLINGTON COAT FACTORY OF CALIFORNIA, LLC UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION JAMES HOROSNY, an individual; JENNIFER PRICE, an individual; individually and on behalf of all others similarly situated, v. Plaintiffs, BURLINGTON COAT FACTORY OF CALIFORNIA, LLC, a California Limited Liability Company; and DOES 1 thorough 100, inclusive, Defendants. Case No. 2:15-cv-05005-SJO-MRW CLASS ACTION [Assigned to the Hon. S. James Otero] JOINT REQUEST TO SET SETTLEMENT CONFERENCE WITH COURT Complaint Filed: July 1, 2015 Trial Date: June 22, 2017 Discovery Cutoff: March 14, 2017 Motion Cutoff: April 18, 2017 JOINT REQUEST FOR SETTLEMENT CONFERENCE
Case 2:15-cv-05005-SJO-MRW Document 69 Filed 12/06/16 Page 2 of 5 Page ID #:1133 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR SETTLEMENT CONFERENCE Pursuant to Local Rule 16-15 and this Court s Initial Standing Order dated July 15, 2015 (ECF Doc. No. 8), Plaintiffs James Horosny and Jennifer Price (collectively Plaintiffs ), and Burlington Coat Factory of California, LLC ( Defendant ), (collectively, the Parties ) by and through their undersigned counsel, hereby request that this Court set a Settlement Conference with the Court pursuant to Local Rule 16-15.4. This Request is made pursuant to and in compliance with paragraph 24 of this Court s Standing Order. On December 14, 2015, at the Parties request, this Court issued a Scheduling Order which referred all settlement proceedings in this matter to private mediation. (ECF Doc. No. 36). The Parties engaged in private mediation before Mediator Jeffrey Krivis and reached agreement on all material terms of a settlement on February 10, 2016. On May 9, 2016, Plaintiffs filed an Unopposed Motion for Preliminary Approval of Class Action Settlement and Motion for Certification of Settlement Class ( MPA1 ). (ECF No. 52). On June 9, 2016, the Court denied Plaintiffs MPA1 with leave to file a new motion ( Order ). (ECF No. 53). In its June 9, 2016, Order, the Court instructed Plaintiffs to address several enumerated issues in any renewed motion for approval of the proposed Settlement. On September 20, 2016, the Parties filed a renewed Motion for Preliminary Approval of Class Action Settlement and Motion for Certification of Settlement Class ( MPA2 ). (ECF No. 61). In MPA2 the Parties made changes to the settlement agreement and attempted to address each of the issues raised by the Court. On October 27, 2016, the Court denied the Parties renewed motion, MPA2. (ECF No. 65). In its Order denying MPA2, the Court encouraged the Parties to renegotiate the settlement terms taking into consideration the reasons for the Court s rejection of the proposed settlement. The Parties have taken the Court s advice and renegotiated the terms of the proposed settlement. The Parties have now executed an Amended Settlement 1 JOINT REQUEST FOR SETTLEMENT CONFERENCE
Case 2:15-cv-05005-SJO-MRW Document 69 Filed 12/06/16 Page 3 of 5 Page ID #:1134 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreement. The Parties believe that the Amended Settlement Agreement adequately addresses the Court s concerns and the bases for denying the Parties request to approve the prior agreements, particularly with respect to the issues the Court had with the Merchandise Certificates. For example, the Amended Settlement Agreement adds an option for Class Members to receive cash instead of a Merchandise Certificate, and allows Class Members to redeem their Merchandise Certificates online. A true and correct copy of the Amended Settlement Agreement is attached hereto as Exhibit A. The Parties are now prepared to file a renewed motion for preliminary approval of the Amended Settlement Agreement. However, the parties are concerned that the various dates and deadlines set forth in the Court s Case Management Order are fast approaching, and there may not be adequate time to await a hearing on the renewed motion for preliminary approval or to delay addressing any additional concern the Court might have in a manner consistent with those dates. Accordingly, the Parties agree that the best way to proceed is to confer with the Court in advance of filing a renewed motion for preliminary approval to best understand, address, and hopefully satisfy any remaining concerns the Court might have. 1 A senior attorney from Burlington s legal department will personally attend the proposed settlement conference. Therefore, the Parties hereby jointly and respectfully request that the Court set a Settlement Conference at the earliest possible date and time that is convenient to the Court. 1 The Parties understand, of course, that the Court is not bound by any statements made at any such conference, and that the Court would need to address the motion for preliminary approval on its merits when made. However, the Parties strongly believe that their ability to present a settlement that meets the Court s concerns is enhanced by an early conference. Moreover, if it appears that the Court s concerns cannot be addressed and that a settlement is not possible, that would allow the Parties to turn their efforts to addressing the dates and deadlines in the Case Management Order. 2 JOINT REQUEST FOR SETTLEMENT CONFERENCE
Case 2:15-cv-05005-SJO-MRW Document 69 Filed 12/06/16 Page 4 of 5 Page ID #:1135 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: December 1, 2016 DATED: December 1, 2016 MUNGER TOLLES & OLSON By: /s/ Mark H. Epstein Mark H. Epstein Attorneys for Defendant BURLINGTON COAT FACTORY OF CALIFORNIA, LLC DOUGLAS CAIAFA, APLC and LAW OFFICE OF CHRISTOPHER J. MOROSOFF By: /s/ Christopher J. Morosoff Douglas Caiafa Christopher J. Morosoff Attorneys for Plaintiffs JAMES HOROSNY and JENNIFER PRICE 3 JOINT REQUEST FOR SETTLEMENT CONFERENCE
Case 2:15-cv-05005-SJO-MRW Document 69 Filed 12/06/16 Page 5 of 5 Page ID #:1136 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ECF ATTESTATION I, Christopher J. Morosoff, am the ECF User whose ID and password are being used to file this JOINT REQUEST TO SET SETTLEMENT CONFERENCE WITH COURT. In accordance with General Order 08-02, VIII.B, concurrence in the filing of this document has been obtained from Mark H. Epstein, counsel for Defendant, and I shall maintain records to support this concurrence for subsequent production for the Court if so ordered or for inspection upon request by a party. DATED: December 1, 2016 LAW OFFICE OF CHRISTOPHER J. MOROSOFF By: /s/ Christopher J. Morosoff Christopher J. Morosoff Attorneys for Plaintiffs JAMES HOROSNY and JENNIFER PRICE 4 JOINT REQUEST FOR SETTLEMENT CONFERENCE
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Case 2:15-cv-05005-SJO-MRW Document 69-2 Filed 12/06/16 Page 1 of 2 Page ID #:1162 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JAMES HOROSNY, et al., vs. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Plaintiffs, BURLINGTON COAT FACTORY OF CALIFORNIA, LLC, et al., Defendants. WESTERN DIVISION CASE NO.: 2:15-cv-05005-SJO-MRWx CLASS ACTION [PROPOSED] ORDER SETTING SETTLEMENT CONFERENCE Judge: Hon. S. James Otero [PROPOSED] ORDER SETTING SETTLEMENT CONFERENCE WITH COURT
Case 2:15-cv-05005-SJO-MRW Document 69-2 Filed 12/06/16 Page 2 of 2 Page ID #:1163 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 With Court, Having considered the parties Joint Request to Set Settlement Conference IT IS HEREBY ORDERED THAT a Settlement Conference with the Court is set for the following date, time, and location: Date: Time: Location: Dated:, 2015 HON. S. JAMES OTERO United States District Judge -1- [PROPOSED] ORDER SETTING SETTLEMENT CONFERENCE WITH COURT