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February 26, 2010 CMC Stipulation and Proposed Order

RAO ONGARO LLP

Anthony J. Rao (SBN 173512)

arao@rao-ongaro.com

90 Park Avenue, 18th Floor

New York, NY 10016

Telephone: (212) 455-9255

Facsimile: (212) 297-0555

Attorneys for Defendant

GENESIS LOGISTICS, INC. 

KINGSLEY & KINGSLEY, APC

George R. Kingsley (SBN 38022)

Eric B. Kingsley (SBN 185123)

16133 Ventura Bl., Suite 700

Encino, CA 91436

(818) 990-8300, Fax (818) 990-2903

LAW OFFICES OF SHAUN SETAREH

Shaun Setareh (SBN 204514)

9454 Wilshire Boulevard, Penthouse Suite 3

Beverly Hills, CA 90212

(310) 888-7771

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

TIM O’NEILL, an individual; on behalf of 

himself and all others similarly situated,

Plaintiff,

v.

GENESIS LOGISTICS, INC. and DOES 1 

through 10, inclusive

Defendants.

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Case No. CV08-4107 SI

STIPULATION AND PROPOSED 

ORDER TO CONTINUE FEBRUARY 

26, 2010 CASE MANAGEMENT 

CONFERENCE 

Judge: Honorable Susan Illston 

Ctrm: 10, 19th floor

Date/Time: 2/26/10, 2:30 PM

WHEREAS on December 3, 2010 the parties participated in an early mediation before 

Mediator Jeffrey Krivis in Los Angeles, California;

WHEREAS the matter was not settled at the mediation but the parties continued 

settlement discussions with Mr. Krivis until December 22, 2009; 

Case 3:08-cv-04107-SI Document 38 Filed 02/25/10 Page 1 of 2
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February 26, 2010 CMC Stipulation and Proposed Order

WHEREAS on December 22, 2009, the parties agreed to settle the class claims and as 

part of the settlement, on December 23, 2009, plaintiff notified the Labor and Workforce 

Development Agency of the existence of a Private Attorney General Act claim;

WHEREAS the parties have been preparing, and are in the process of finalizing, a joint 

motion: (1) provisionally certifying a settlement class, (2) preliminarily approving class 

settlement, (3) directing distribution of notice of settlement and opportunity to opt out, and (4) 

setting a hearing for final approval of the proposed settlement agreement; as well as preparing a 

proposed notice of settlement, proposed instructions, and claim form for Court approval; 

IT IS HEREBY STIPULATED:

The February 26, 2010 Case Management Conference is continued for 60 days so the 

parties can negotiate, prepare and submit the above-mentioned class settlement documents for 

Court approval and finalize settlement. 

DATED: February 24, 2010 RAO ONGARO LLP

By _________/s/_____________________

Anthony J. Rao

Attorneys for Defendant

GENESIS LOGISTICS, INC. 

DATED: February 24, 2010 LAW OFFICES OF SHAUN SETARAH

By_________/s/_____________________

Shaun Setarah

Attorneys for Plaintiff 

TIM O’NEILL on behalf of himself and all others 

similarly situated

FOR GOOD CAUSE, THE FOREGOING STIPULATION IS APPROVED AND IS SO 

ORDERED. The Court continues the Case Management Conference to 

____________________.

DATED: ____________________ _________________________________________

Honorable Susan Illston

4/23/10 @ 2:30 p.m.

Case 3:08-cv-04107-SI Document 38 Filed 02/25/10 Page 2 of 2