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UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

GARCIA, et al. )

)

Plaintiffs, )

) Case No. 12-CV-03687

v. )

) Judge Joan B. Gottschall

J.C. PENNEY CORPORATION, INC., )

)

Defendant. )

STIPULATION FOR MODIFICATION OF SETTLEMENT AGREEMENT TO 

ENLARGE THE RESPONSE DEADLINE AND ENTRY OF ORDER APPROVING 

SUCH MODIFICATION NUNC PRO TUNC

RECITALS

A. Section 10.25 of the Settlement Agreement provides, in pertinent part:

Modifications. This Settlement Agreement may not be changed, altered, 

or modified, except in writing and signed by the Parties and approved by 

the Court;

B. Section 2.28 of the Settlement Agreement provides:

Response Deadline means and refers to the deadline by which 

Settlement Class Members must postmark or email Requests for 

Exclusion to the Settlement Administrator or file Notices of Objection 

with the Court. The Response Deadline will be thirty (30) calendar days 

after the initial mailing date of the Notice Packet by the Settlement 

Administrator, unless the 30th day falls on a Sunday or Federal holiday, 

in which case the Response Deadline will be extended to the next day on 

which the U.S. Postal Service maintains operations. Compliance with 

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the Response Deadline will be determined by the date of the postmark on 

the Request for Exclusion. To be timely and effective, a Settlement 

Class Member must submit a Request for Exclusion or a written 

objection to the Settlement Agreement before the Response Deadline; 

C. Section 6.2 of the Settlement Agreement provides:

Returned Mail. Any Notice Packet returned to the Administrator as 

non-deliverable shall be sent to the forwarding address, if any, provided 

with the returned Notice Packet. If there is no forwarding address 

provided, the Settlement Administrator shall utilize commercially 

reasonable means to obtain a current address and, if a current address is 

located, promptly re-mail the Notice Packet. If the procedures in this 

paragraph are followed, and the Notice Packet is still returned to the 

Settlement Administrator as undeliverable, the Settlement Administrator 

shall be deemed to have satisfied its obligation to provide the Class 

Notice to the Settlement Class Member, and the intended recipient shall 

nevertheless remain a Class Member and will be bound by all the terms 

of the Settlement Agreement and Final Approval Order;

D. To ensure that Settlement Class Members whose mail is forwarded have a 

reasonable time to determine if they wish to opt out, object, or do nothing and remain a Settlement 

Class Member, and in response to the Court’s comments at the Preliminary Approval hearing, the 

Parties have agreed to enlarge the Response Deadline from thirty (30) to sixty (60) days;

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E. After reviewing the Implementation Schedule the Parties have determined that the 

enlargement of the Response Deadline can be implemented without any material effect on the 

administration of this case as previously ordered by the Court.

AGREEMENT

1. The Response Deadline in Section 2.28 of the Settlement Agreement shall be 

enlarged from thirty (30) calendar days to sixty (60) calendar days after the initial mailing date of 

the Notice Packet by the Settlement Administrator;

2. Any other date that is dependent on the Response Deadline shall be enlarged by a 

commensurate period;

3. The previously approved Class Notice shall be changed to reflect the enlarged 

Response Deadline;

4. The Order on this Stipulation shall be entered nunc pro tunc effective March 30,

2017; and 

5. Except as expressly provided herein all other terms and conditions of the 

Settlement Agreement and attachments as approved by the Court on March 30, 2017 shall remain 

the same.

AGREED TO AND ACCEPTED.

Date: March 30, 2017 s/Douglas M. Werman

Werman Salas, P.C.

77 West Washington St., Ste. 1402

Chicago, Illinois 60602

Telephone: 312-419-1008

One of Named Plaintiff’s Attorneys

s/Karl G. Nelson (with consent)

GIBSON, DUNN & CRUTCHER

2100 McKinney Avenue, St. 1100

Dallas, TX 75201-6912

Telephone: 214-698-3100

Attorneys for Defendant

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ORDER

Good cause appearing therefore, the Response Deadline is enlarged from thirty (30) to 

sixty (60) days based on the stipulation of the Parties, and this Order shall be entered nunc pro 

tunc effective March 30, 2017.

Date: April 3, 2017 /s/

Joan B. Gottschall

United States District Judge

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