Case :08-cv-0876-AHM-FMO Document 119 Filed 05/13/10 Page 1 of 9 Page ID #:31 1 13 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 15 ARUTYUNMARSIKYANandPAYAM SAADAT, individually and on behalf of a 16 class of similarly situated individuals, 17 Plaintiffs, 18 v. 19 MERCEDES-BENZ USA, LLC and DOES 1-500, inclusive, Defendants. 1 11---------'--------- 6 KNAPP, 7 PETERSEN & CLARKE 8-1- NO. CV08-0876 AHM (FMOx) [CLASS ACTION] Assigned for All Purposes To The Hon. A. Howard Matz - Courtroom Date Action Filed: June 5, 08 Trial Date: None Date: Time: Courtroom: May 17,10 10:00 a.m. NOTICE OF FILING OF COPY OF UNOPPOSED MOTION FOR WITHDRAWAL OF OBJECTIONS TO CLASS ACTION SETTLEMENT OF SAM P. CANNATA 78308.1 08000/00877
Case :08-cv-0876-AHM-FMO Document 119 Filed 05/13/10 Page of 9 Page ID #:3 1 3 5 6 7 8 9 10 11 1 13 15 16 17 18 19 1 6 KNAPP, 7 PETERSEN & CLARKE 8 TO ALL PARTIES AND THEIR ATTORNEYS UNITED STATES DISTRICT COURT: Attached hereto as exhibit 1 to the declaration OF RECORD AND TO THE of Stephen M. Harris is the Unopposed motion for withdrawal of objections to class action settlement of Sam P. Cannata. As explained in the declaration of Stephen M. Harris, Mr. Cannata served this objection on counsel for Plaintiffs and requested that Plaintiffs file it with the court. Dated: May 1.3 10 KNAPP, PETERSEN & CL By: ~stennz:;p::e:n~;:::. ~~. ~:->...-...-... --.....7.=------ Attorneys for Plaintiffs ARUTYUN MARSIKY AN and PAYAM SAADAT, individually and on behalf of a class of similarly situated individuals -- 78308.1 08000/00877
Case :08-cv-0876-AHM-FMO Document 119 Filed 05/13/10 Page 3 of 9 Page ID #:33 1 DECLARATION OF STEPHEN M. HARRIS 3 I, Stephen M. Harris, declare as follows: 1. I am an attorney at law duly licensed to practice before this Court. I am 5 a member of the law firm of KNAPP, PETERSEN & CLARKE, counsel of record 6 for Plaintiffs in this action. The following facts are within my personal knowledge, 7 and if called as a witness, I could and would competently testify thereto. 8. At the request of Mr. Cannata, I provided him copies of Plaintiffs 9 motion for final approval, fee application, and the declarations submitted in support 10 of the motion for final approval, so that he could evaluate whether or not he wished 11 to continue to pursue his objections to the class action settlement, appear at the 1 fairness hearing, or withdraw his objections. 13 3. After I provided these papers to Mr. Cannata, I was advised by Mr. Cannata that he had decided to withdraw his objections, based on his review of this 15 paperwork. I also spoke to an attorney who had been consulted by Mr. Cannata, but 16 who had not been retained by Cannata, and I was also by advised by this attorney, 17 Edward Cochran, that he had reviewed the final approval papers and that he did not 18 believe that (after his review of these papers) that Mr. Cannata had any valid 19 objections to the class action settlement, and that he had advised Mr. Cannata of his opmion. 1. Subsequent to these conversations, Mr. Cannata emailed me a document formally withdrawing his objections and requested I file it. We attempted to manually file this document, but the court would not accept it for filing. Thus, we are e-filing the withdrawal of the objections as an exhibit to this document. III 6 III KNAPP, PETERSEN & CLARKE 7 III 8 III -3-78308.1 08000/00877
Case :08-cv-0876-AHM-FMO Document 119 Filed 05/13/10 Page of 9 Page ID #:3 1 3 5 6 7 8 9 10 11 1 13 15 16 17 18 19 1 6 KNAPP, 7 PETERSEN & CLARKE 8 5. Attached hereto as exhibit 1 is a true and correct copy of the withdrawal of the objections. Executed on thisaday of May, 10, at Glendale, California. I declareunderpenaltyof perjurythatth:.:going -- is tr~ -....-= Stephen M. Harris 78308.1 08000/00877
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Case :08-cv-0876-AHM-FMO Document 119 Filed 05/13/10 Page 9 of 9 Page ID #:39 1 PROOF OF SERVICE Marsikian v. Mercedes-Benz USA, LLC CV08-0876 AHM (FMOx) 3 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES: I am employed in the County of Los Angeles, State of California. I am over 5 the age of 18 and am not a party to the within action. My business address is 550 North Brand Boulevard, Suite 1500, Glendale, California 913-19. On May 13, 6 10, I caused the foregoing documentts) described as NOTICE OF FILING OF COpy OF UNOPPOSED MOTION FOR WITHDRAWAL OF OBJECTIONS TO 7 CLASS ACTION SETTLEMENT OF SAM P. CANNATA to be served on the interested parties in this action as follows: 8 by placing a true copy thereof enclosed in sealed envelope(s) addressed as 9 stated below: 10 11 1 13 15 16 17 18 19 1 ' 6 7 8 [Xl Sam P. Cannata 9555 Vista Way, Suite 0 Garfield Heights, Ohio 1 Facsimile No.: 16-587-0999; Tel: 16--0796 BY MAIL: I sealed and placed such envelope for collection and mailing to be deposited in the mail on the same day in the ordinary course of business at Glendale, California. The envelope was mailed with postage thereon fully prepaid. I am readily familiar with this firm's practice of collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course of business. I declare under penalty of perjury that the foregoing is true and Q.!cQJIf!.CL_ Executed on May 13,10, at Glendale, Californi Marlinda Ochoa (Type or print name) 5886,1 08000/00877