Free Other Notice - District Court of Arizona - Arizona

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ROGERS & THEOBALD, LLP 2425 East Camelback Road Phoenix, Arizona 85016 Telephone: (602) 852-5582 Telecopier: (602) 852-5570 Lydia A. Jones, 017178 JENNINGS, STROUSS & SALMON, P.L.C. The Collier Center, 11th Floor 201 E. Washington Street Phoenix, AZ 85004 Telephone: (602) 262-5911 Telecopier: (602) 495-2645 Michael O'Connor, 010399 Attorneys for Plaintiff

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RYLEY CARLOCK & APPLEWHITE One North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4417 Telephone: 602/258-7701 Telecopier: 602/257-9582 Charles L. Chester ­ 002571 John M. Fry - 020455 Attorneys for Defendant

14 15 16 17 18 19 20 21 22 23 24 25 26 vs. BANK OF AMERICA, N.A., Defendant. (Assigned to the Honorable Roslyn O. Silver) (Expedited Consideration Requested) Undersigned counsel for Plaintiff Kaye Hutton, on behalf of herself and as a representative of the settling collective, and undersigned counsel for Defendant Bank of UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA KAYE HUTTON, as an individual and a representative of a class of others similarly situated, Plaintiff, No. CV2003-2262-PHX-ROS JOINT NOTICE OF LODGING PROPOSED FORM OF ORDER APPROVING REVISED NOTICE OF PENDENCY AND SETTLEMENT OF COLLECTIVE ACTION FOR UNPAID OVERTIME COMPENSATION

Case 2:03-cv-02262-ROS

775156.1 5/31/07

Document 332

Filed 06/01/2007

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America, respectfully request that the Court enter the Order attached hereto as Exhibit A (the "Proposed Order"). The Proposed Order approves the slightly revised form of Notice of Pendency and Settlement of Collective Action for Unpaid Overtime Compensation submitted as Exhibit 1 to the Proposed Order. On May 25, 2007, the Court issued an Order (dkt. 331) that, inter alia, approved the Notice of Pendency and Settlement of Collective Action for Unpaid Overtime Compensation submitted to the Court as Exhibit B to the Parties' Joint Motion Requesting Preliminary Approval of Proposed Collective Settlement Agreement and Requesting a Hearing Re: Final Approval (dkt. 329). However, the May 25, 2007 Order declined to grant preliminary approval to the proposed Collective Settlement Agreement until a hearing for preliminary approval is held on July 13, 2007. See Order, pg. 2, lns. 1 ­ 4. In order to be consistent with the Court's May 25, 2007 Order, the slightly revised form of Notice attached to the Proposed Order as Exhibit 1 replaces references to the Court having already granted preliminary approval to the Collective Settlement Agreement with language that reflects the Court's approval of the form of Notice of Pendency and Settlement of Collective Action for Unpaid Overtime Compensation. For the Court's convenience, attached as Exhibit B hereto is a "redline" version of the revised form of Notice which reflects the deletions and additions to the form of Notice previously approved by the Court on May 25, 2007. RESPECTFULLY SUBMITTED this 1st day of June, 2007. JENNINGS, STROUSS & SALMON By:/s/ Michael J. O'Connor Michael J. O'Connor 201 E. Washington St. Phoenix, AZ 85004 And RYLEY CARLOCK & APPLEWHITE By:/s/ John M. Fry Charles L. Chester John M. Fry One North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4417 Attorneys for Defendant

Case 2:03-cv-02262-ROS

Document 332 -2- Filed 06/01/2007

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ROGERS & THEOBALD, LLP Lydia A. Jones 2425 East Camelback Road Phoenix, Arizona 85016 Attorneys for Plaintiff

Case 2:03-cv-02262-ROS

Document 332 -3- Filed 06/01/2007

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CERTIFICATE OF ELECTRONIC FILING I hereby certify that on June 1, 2007, I electronically transmitted JOINT NOTICE OF LODGING PROPOSED FORM OF ORDER APPROVING REVISED NOTICE OF PENDENCY AND SETTLEMENT OF COLLECTIVE ACTION FOR UNPAID OVERTIME COMPENSATION to the Clerk's Office using the ECF System for filing and transmittal of a Notice of Electronic Filing to the following ECF registrants: Ms. Lydia A. Jones ROGERS & THEOBALD, LLP 2425 East Camelback Road Phoenix, Arizona 85016 Attorneys for Plaintiff Michael O'Connor Jennings, Strouss & Salmon, P.L.C. The Collier Center, 11th Floor 201 E. Washington Street Phoenix, AZ 85004 By: /s/ Tina Kaminski

Case 2:03-cv-02262-ROS

Document 332 -4- Filed 06/01/2007

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