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06-569 - BATTALINE, et.al. v. ADVEST, INC.


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06-569 - BATTALINE, et.al. v. ADVEST, INC.
November 1, 2006
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ORDER granting 28 Stipulation for Temporary Stay Pending Mediation; Discovery deadline of 12/22/2006 and Class Certification motion deadline of 1/26/2007 are vacated; Pending motions to compel arbitration and to stay terminated without prejudice; If mediation is unsuccessful, a Telephone Status Conference will be held on 2/2/2007 at 2:00 PM. Signed by Judge Gary L. Lancaster on 11/1/06. (map)
October 2, 2007
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ORDER that parties' brief regarding subject matter jurisdiction, variations in state law, fairness of settlement and fairness of attorneys shall be due by 10/22/2007; A preliminary fairness/class certification hearing will be scheduled thereafter. Signed by Judge Gary L. Lancaster on 10/2/07. (map)
April 8, 2008
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ORDER that proposed Notice Plan and Class Mail Notice satisfy requirements of FLSA and Rule 23 and dissemination of same is directed, as stated more fully in order; Rust Consulting, Inc. is appointed Claims Administrator; Final Settlement Hearing set for 7/7/2008 at 9:30 AM in Courtroom 3A; Written objections and Notices by any Rule 23 members to opt-out of proposed settlement must be filed with both the Court and Claims Administrator on or before 6/23/2008; Notices of any FLSA members to opt-in to proposed settlement must be filed with Claims Administrator on or before 6/23/2008; Any class member who wishes to be heard at Final Settlement Hearing must submit written notification of such, as well as brief description of the nature of objection, by 6/30/2008; Counsel for settling parties should be prepared to respond to any and all objections and provide other information, if necessary; Claims Administrator shall serve notice of Revised Class Action Settlement by 5/9/2008; Class Counsel shall file an affidavit by 6/30/2008 identifying the persons to whom notice was mailed and other described information; Parties shall file Joint Motion for Final Approval of Settlement by 6/30/2008. Signed by Judge Gary L. Lancaster on 4/8/08. (map)
June 30, 2008
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ORDER granting 59 Stipulation to Continue Final Approval Proceedings; Notice of the settlement shall be mailed to the newly identified class members on or before 7/7/2008; New class members shall have until 8/21/2008 to respond to the notice, by which date their responses must be postmarked in order to be timely; Response time for all class members who were sent notice in the original mailing remains 6/23/2008; Parties' joint motion for final approval of the settlement shall be filed on or before 9/5/2008; Final fairness hearing continued to 9/15/2008 at 9:30 AM in Courtroom 3A; Parties shall instruct the claim administrator to mail notice of the change in the final fairness hearing date to any class member who submits a notice of intent to appear or an objection to the settlement. Signed by Judge Gary L. Lancaster on 6/30/08. (map)
September 16, 2008
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ORDER granting 61 Joint MOTION for Final Approval of Settlement. Signed by Judge Gary L. Lancaster on 9/16/08. (map)
October 1, 2008
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ORDER granting 66 Motion to Stay Execution of Judgment; Court's Judgment of 9/16/2008 is stayed pending defendant's sending of notice to federal and state officials pursuant to the Class Action Fairness Act of 2005 and subsequent expiration of the 90 day CAFA notice period; Defendant shall promptly file a declaration with this Court certifying that the CAFA notices have been sent; Unless an objection from a federal or state official is received prior to the expiration of the 90 day period following the date that the notices are sent, this Court's judgment of 9/16/2008 shall become effective automatically at the end of the 90 day period without further action by the parties. Signed by Judge Gary L. Lancaster on 10/1/08. (map)