Winkler Woods, LLC v. Matson Navigation Co., Inc. et al

Filing 11

STIPULATION AND ORDER VACATING ADR deadlines pending ation by the Transferee Court in the Western Dist of Washington re 10 filed by Winkler Woods, LLC. Signed by Judge Vaughn R Walker on 9/25/2008. (cgk, COURT STAFF) (Filed on 9/25/2008)

Case 3:08-cv-03169-VRW

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Filed 09/19/2008

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1 GIBSON, DUNN & CRUTCHER LLP 2 3 4 5 6 7

JOEL S. SANDERS, SBN 107234 GEORGE A. NICOUD III, SBN 106111 RACHEL S. BRASS, SBN 219301 REBECCA JUSTICE LAZARUS, SBN 227330 One Montgomery Street, Suite 3100 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] [e-mail] [e-mail]

8 Attorneys for Defendants

MATSON NAVIGATION COMPANY, INC. 9 AND ALEXANDER & BALDWIN, INC.

10 11 12 13 14 Behalf of All Others Similarly Situated, 15 Plaintiff, 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION RE EXTENSION OF RESPONSIVE PLEADING DEADLINE; Case No. CV 08-03169 VRW

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

WINKLER WOODS, LLC, Individually and on ) ) ) ) ) v. ) ) MATSON NAVIGATION COMPANY, INC.; ) ALEXANDER & BALDWIN, INC.; ) HORIZON LINES, LLC; and HORIZON ) LINES, INC., ) ) Defendants. ) ) )

Case No. CV 08-03169 VRW STIPULATION RE ADR DEADLINE

Case 3:08-cv-03169-VRW

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Filed 09/19/2008

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WHEREAS, the undersigned plaintiff has filed the above-captioned case; WHEREAS, plaintiff alleges antitrust violations on behalf of purchasers of domestic

3 containerized ocean shipping services for service between the continental United States and 4 Hawaii. 5
WHEREAS, twenty-three purported class action lawsuits have been filed to date in five

6 federal district courts across the country and containing nearly identical allegations regarding a 7 purported price-fixing conspiracy among various members of the Pacific Ocean Cabotage 8 industry. 9
WHEREAS, by Transfer Order dated August 13, 2008, the Judicial Panel on Multidistrict

10 Litigation (the "JPML") granted a motion to coordinate and consolidate pretrial proceedings 11 pursuant to 28 U.S.C. § 1407 in the matter In Re: Hawaiian and Guamanian Cabotage Antitrust 12 Litigation, MDL No. 1972. 13
WHEREAS, Steinberg v. Matson Navigation Co., et. al., C 08-02402 VRW (N.D. Cal.), an

14 action assigned to this Court, was one of the actions transferred to the Western District of 15 Washington pursuant to the JPML's August 13, 2008 Order. 16
WHEREAS, Winkler Woods, LLC v. Matson Navigation Company, et. al., C 08-03169

17 (N.D. Cal.), was identified as a potential tag-along action in MDL No. 1972. 18
WHEREAS, by Conditional Transfer Order dated August 25, 2008, the JPML

19 conditionally transferred the Winkler Woods action to the Western District of Washington 20 pursuant to 28 U.S.C. § 1407. 21
WHEREAS, by Related Case Order dated August 20, 2008, this Court determined that the

22 Winkler Woods action is related to the Steinberg action, and reassigned the case to Chief Judge 23 Vaughn R. Walker accordingly. 24
WHEREAS, on July 1, 2008, Judge Jeffrey S. White issued an Order Setting Initial Case

25 Management Conference and ADR Deadlines in Winkler Woods that set September 19, 2008 as 26 the deadline for engaging in a meet and confer session regarding initial disclosures, early 27 settlement, the ADR process selection, and a discovery plan; the filing of an ADR certification; 28 and the filing of either an ADR Stipulation or a Notice of Need for an ADR Phone Conference.
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STIPULATION RE EXTENSION OF RESPONSIVE PLEADING DEADLINE; Case No. CV 08-03169 VRW

Case 3:08-cv-03169-VRW

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WHEREAS, all parties anticipate that the JPML's transfer to the Western District of

2 Washington of the Steinberg, Winkler Woods and the other Related Actions filed in the Northern 3 District of California will soon be completed. 4
WHEREAS, plaintiff anticipates the possibility of a Consolidated Complaint or

5 Complaints in the Hawaiian and Guamanian Cabotage Antitrust Litigation once the Related 6 Actions have been transferred under MDL 1972 and the plaintiffs in the Related Actions have had 7 an opportunity to organize. 8
WHEREAS, vacating the deadlines contained in July 1, 2008 Order Setting Initial Case

9 Management Conference and ADR Deadlines will visit no negative consequences on the schedule 10 for the case. 11
PURSUANT TO CIVIL LOCAL RULE 6-1(b) and 6-2(a), PLAINTIFF AND

12 DEFENDANTS, BY AND THROUGH THEIR RESPECTIVE COUNSEL OF RECORD, 13 HEREBY STIPULATE AS FOLLOWS: 14
1. The September 19, 2008 and other deadlines for engaging in a meet and confer

15 session regarding initial disclosures, early settlement, the ADR process selection, and a discovery 16 plan; the filing of an ADR certification; and the filing of either an ADR Stipulation or a Notice of 17 Need for an ADR Phone Conference contained in the July 1, 2008 Order are VACATED pending 18 action by the Transferee Court in the Western District of Washington. 19
2. This Stipulation does not constitute a waiver by Defendants of any defense,

20 including but not limited to the defenses of lack of personal jurisdiction, subject matter 21 jurisdiction, improper venue, or service of process. 22
IT IS SO STIPULATED. GIBSON, DUNN & CRUTCHER, LLP

23 Dated: September 19, 2008 24 25 26 27 28
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_/S/_______________ Joel Sanders Rachel S. Brass GIBSON, DUNN & CRUTCHER, LLP One Montgomery Street, Suite 3100 San Francisco, CA 94104 Telephone: [phone]

STIPULATION RE EXTENSION OF RESPONSIVE PLEADING DEADLINE; Case No. CV 08-03169 VRW

Case 3:08-cv-03169-VRW

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1 2 3 4 5 Dated: September 19, 2008 6 7 8 9 10 11 12 13 14 15 16 17 18 Dated: September 19, 2008 19 20 21 22 23 24 25 26 27 28
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Facsimile:

[phone]

Counsel for Defendants Matson Navigation Company, Inc. and Alexander & Baldwin, Inc.

McGUIREWOODS LLP _/S/_______________ Darrel C. Menthe McGUIREWOODS LLP 1800 Century Park East, 8th Floor Los Angeles, CA 90067 Telephone: [phone] Facsimile: [phone] Richard J. Rappaport Amy B. Manning Tammy L. Adkins McGUIREWOODS LLP 77 West Wacker Drive Suite 4100 Chicago, Illinois 60601 Telephone: [phone] Facsimile: [phone] Counsel for Defendant Horizon Lines, LLC SAVERI & SAVERI INC.

Guido Saveri R. Alexander Saveri SAVERI & SAVERI INC. 111 Pine Street, Suite 1700 San Francisco, CA 94111 Telephone: [phone]
Facsimile: [phone] Joseph M. Alioto ALIOTO LAW FIRM 555 California Street, Suite 3160 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone]

_/S/_______________

STIPULATION RE EXTENSION OF RESPONSIVE PLEADING DEADLINE; Case No. CV 08-03169 VRW

Case 3:08-cv-03169-VRW

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Gilmur R. Murray Derek G. Howard MURRAY & HOWARD, LLP 436 14th Street, Suite 1413 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] Counsel for Plaintiff Winkler Woods, LLC Pursuant to stipulation, IT IS SO ORDERED. 25t Dated this ____hday of September, 2008.

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