Prati v. American Honda Motor Company, Inc.

Filing 59

STIPULATION AND ORDER continuing the Initial Case Management Conference to 2/22/2010 at 01:30 PM. Signed by Judge Thelton E. Henderson on 11/10/09. (rbe, COURT STAFF) (Filed on 11/10/2009)

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Sara B. Brody (SBN 130222) [e-mail] Ryan M. Sandrock (SBN 251781) [e-mail] SIDLEY AUSTIN LLP 555 California Street San Francisco, California 94104 Tel.: [phone] Fax: [phone] David B. Johnson (pro hac vice) [e-mail] Michael C. Andolina (pro hac vice) [e-mail] Andrianna D. Kastanek (pro hac vice) [e-mail] SIDLEY AUSTIN LLP One South Dearborn Street Chicago, Illinois 60603 Tel.: [phone] Fax: [phone] Attorneys For Defendant AMERICAN HONDA MOTOR CO. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION LISA S. PRATI, on behalf of himself and all others similarly situated, Plaintiffs, v. AMERICAN HONDA MOTOR CO., INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. 09-CV-00444 TEH Assigned to: Hon. Thelton E. Henderson STIPULATION AND [PROPOSED] ORDER FURTHER CONTINUING CASE MANAGEMENT CONFERENCE

STIPULATION AND [PROPOSED] ORDER FURTHER CONTINUING CMC

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STIPULATION WHEREAS, this action is one of two pending suits involving air conditioner condenser units of vehicles distributed by Defendant American Honda Motor Co., Inc. ("Defendant" or "Honda"). WHEREAS, on September 26, 2008, the first suit was filed against Honda, which suit remains pending as Alin v. American Honda Motor Co., Inc., No. 2:08-cv-4825 ("Alin") in the United States District Court for the District of New Jersey. WHEREAS, on January 30, 2009, plaintiff Lisa S. Prati ("Plaintiff" or "Prati") filed this suit against Honda. WHEREAS, on April 9, 2009, Honda filed a Motion To Stay Or Transfer Proceedings (the "Motion"), requesting that the Court stay this proceeding pending class certification proceedings in Alin, or, in the alternative, transfer this proceeding to the United States District Court for the District of New Jersey for consolidated proceedings with Alin. WHEREAS, on April 27, 2009, Plaintiff filed her first amended complaint. WHEREAS, on May 15, 2009, Plaintiff filed her opposition to the Motion. WHEREAS, Honda has filed a motion to dismiss in Alin, which is now fully-briefed. WHEREAS, on June 2, 2009, Plaintiff and Honda (the "Parties") filed a stipulation requesting that this matter be stayed pending resolution of the motion to dismiss in Alin. WHEREAS, on June 3, 2009, the Court entered an order which stayed the matter pending resolution of the motion to dismiss in Alin (the "Order"). WHEREAS, the Order set a Case Management Conference for September 21, 2009 but also stated that "Upon good cause being shown, the parties may stipulate to change this date forward or

WHEREAS, on September 11, 2009, the Court entered an order continuing the Case Management Conference to November 23, 2009 and stating that "Upon good cause being shown, the parties may stipulate to change this date forward or back." WHEREAS, on October 20, 2009, United States District Court for the District of New Jersey set oral argument on the motion to dismiss in Alin for December 18, 2009.

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STIPULATION AND [PROPOSED] ORDER FURTHER CONTINUING CMC 3

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WHEREAS, in light of the upcoming oral argument in Alin, the Parties stipulate that the Case Management Conference should be continued until February 22, 2010 or another date convenient to the Court. WHEREAS, the Parties further stipulate that the deadline to file the Joint Case Management Statement shall be stricken. WHEREAS, the Parties further stipulate that, upon good cause being shown, they may stipulate to change the February 22, 2010 date forward or back. WHEREAS, the Parties further stipulate that they each reserve their respective rights to request or oppose transfer of the action to the United States District Court for the District of New Jersey for consolidated proceedings with Alin. THEREFORE, IT IS STIPULATED AND AGREED by the Parties, through their respective counsel of record, as follows: 1. The pendency of the motion to dismiss in Alin constitutes good cause for continuing

the Case Management Conference set for November 23, 2009. 2. The Case Management Conference set for November 23, 2009 shall be continued

until February 22, 2010. 3. 4. The deadline to file the Joint Case Management Statement shall be stricken. Upon good cause being shown, the Parties may stipulate to change the February 22,

2010 date forward or back. 5. The Parties each reserve their respective rights to request or oppose transfer of the

action to the United States District Court for the District of New Jersey for consolidated proceedings with Alin. IT IS SO STIPULATED. Dated: November 9, 2009 SIDLEY AUSTIN LLP

By: /s/ Ryan M. Sandrock Attorneys for Defendant
STIPULATION AND [PROPOSED] ORDER FURTHER CONTINUING CMC

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American Honda Motor Co., Inc. GOODIN, MACBRIDE, SQUERI, DAY & LAMPREY, LLP By: /s/ Wayne T. Lamprey Attorneys For Plaintiff Lisa S. Prati

[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

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THE HONORABLE THELTON E. HENDERSON

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