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AMENDMENT TO STIPULATION OF SETTLEMENT
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AKIN GUMP STRAUSS HAUER & FELD LLP GREGORY W. KNOPP (SBN 237615) MARK R. CURIEL (SBN 222749) JONATHAN S. CHRISTIE (SBN 294446) 2029 Century Park East, Suite 2400 Los Angeles, CA 90067 Telephone: 310-229-1000 Facsimile: 310-229-1001 [email protected] [email protected] [email protected]
Attorneys for Defendants DELIVERY SOLUTIONS OF AMERICA, LLC, and ANTECH DIAGNOSTICS INC.
KIRTON MCCONKIE PC Antonio A. Mejia, Esq. (admitted pro hac vice) [email protected] 1800 Eagle Gate Tower 60 East South Temple, Suite 1800 Salt Lake City, Utah 84111 Telephone: (801) 323-5984 Facsimile: (801) 212-2009 Attorney for Defendant DELIVERY SOLUTIONS OF AMERICA, LLC
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CLARA
CARLOS LOPEZ, individually and on behalf of Proposed Class Members, PAGA Representative Class, and all others similarly situated,
Plaintiffs,
v.
LOGISTICS DELIVERY SOLUTIONS, LLC a Limited Liability Company Headquartered in California doing business as DELIVERY SOLUTIONS OF AMERICA; ANTECH DIAGNOSTICS INC, a Corporation Headquartered in California; Does One through One Hundred.
Defendants.
Case No. 113CV249431
[Assigned to the Honorable Peter H. Kirwan for all purposes]
AMENDMENT TO STIPULATION OF SETTLEMENT
Date Action Filed: July 12, 2013
E-FILEDNov 18, 2015 3:16 PM
David H. YamasakiChief Executive Officer/Clerk
Superior Court of CA, County of Santa ClaraCase #1-13-CV-249431 Filing #G-78537
By R. Walker, Deputy
AMENDMENT TO STIPULATION OF SETTLEMENT
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The Court, having requested revisions to the proposed Stipulation of Settlement (“Stipulation”)
between plaintiff Carlos Lopez and defendants Delivery Solutions of America, LLC and Antech
Diagnostics, Inc., and those revisions having been adopted, the Parties hereby enter into this
Amendment to Stipulation (“Amendment”), subject to the terms and conditions hereof and the
approval of the Court, as follows:
1. Section 8.2 (“Objections”) is hereby amended to read as follows:
An objector may appear and object at the Final Approval Hearing without submitting any
written objection. Alternatively, written objections to the Stipulation of Settlement by anyone,
including members of the Settlement Class, may be submitted to the Claims Administrator no later
than thirty (30) calendar days after the mailing date of the Notice, which mailing date shall be
calculated as described in Section 8.1 above. The 30-day period applies notwithstanding any argument
regarding non-receipt of the notice. All written objections must state the basis on which they are
asserted. The Parties will be permitted to respond in writing to such objections within the time period
set by the Court. Anyone, including members of the Settlement Class, who fails to appear and object
at the Final Approval Hearing or fails to submit timely written objections, in the manner specified
above, shall be deemed to have waived any objections and shall be foreclosed from making any
objection to the Stipulation of Settlement, including by appealing the order granting Final Approval.
2. The fourth paragraph of Section 10.2 (“Settlement Class Payments”) is hereby amended
to read as follows:
Each Settlement Class member who submits a valid Claim Form will be required to check two
boxes on the Claim Form, one from each of two series of boxes. The first series of boxes will concern
the period of time during which the Settlement Class member provided services to Defendants during
the Claims Period (“Duration”). Box 1 will indicate less than one year and be assigned one unit, Box 2
will indicate at least one year but less than two years and be assigned two units, Box 3 will indicate at
least two years but less than three years and be assigned three units, Box 4 will indicate at least three
years but less than four years and be assigned four units, Box 5 will indicate at least four years but less
than five years and be assigned five units, Box 6 will indicate at least five years but less than six years
and be assigned six units, and Box 7 will indicate six or more years and be assigned seven units. The
E-FILED: Nov 18, 2015 3:16 PM, Superior Court of CA, County of Santa Clara, Case #1-13-CV-249431 Filing #G-78537
E-FILED: Nov 18, 2015 3:16 PM, Superior Court of CA, County of Santa Clara, Case #1-13-CV-249431 Filing #G-78537
