Prati v. American Honda Motor Company, Inc.

Filing 68

STIPULATION AND ORDER continuing the Initial Case Management Conference to 11/15/2010 at 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 08/17/10. (rbe, COURT STAFF) (Filed on 8/18/2010)

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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

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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, 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, as it had previously on June 3, 2009, September 11, 2009, November 10, 2009, and February 17, 2010, on May 18, 2010, in light of the pending motion in Alin and at the request of the parties, the Court entered an order continuing the Case Management Conference. WHEREAS, the Court's May 18, 2010 order continued the Case Management Conference until August 23, 2010, and stated that "Upon good cause being shown, the parties may stipulate to change the August 23, 2010 forward or back." WHEREAS, the United States District Court for the District of New Jersey has ruled on the motion to dismiss in Alin. WHEREAS, in an effort to resolve the Alin action, the parties participated in mediation sessions on June 3, 2010 and July 28, 2010 with the Honorable Alfred M. Wolin in New Jersey. Although the parties have not yet resolved the case, progress was made and the parties continue to negotiate possible settlement terms.
STIPULATION AND [PROPOSED] ORDER FURTHER CONTINUING CMC 3

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WHEREAS, the Parties have also had several discussion regarding resolution of this case in connection with a resolution of the Alin action. WHEREAS, the Parties stipulate that the continuing settlement discussions in Alin and this case constitutes good cause, they further stipulate that the Case Management Conference should be continued until November 15, 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 November 15, 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 continuing settlement negotiations between the Parties constitutes good cause for

continuing the Case Management Conference set for August 23, 2010. 2. The Case Management Conference set for August 23, 2010 shall be continued until

November 15, 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 November 15,

2010 date forward or back.

STIPULATION AND [PROPOSED] ORDER FURTHER CONTINUING CMC
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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: August 17, 2010 SIDLEY AUSTIN LLP

By: /s/ Ryan M. Sandrock Attorneys for Defendant American Honda Motor Co., Inc. Dated: August 17, 2010 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. The parties shall file a joint case management statement or stipulation and proposed order to continue the case management conference on or before November 8, 2010. 08/17/10 DATED:_____________________

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United States District Judge

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THE HONORABLE THELTON E. HENDERSON

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