Ross et al v. Trex Company, Inc.

Filing 229

ORDER GRANTING AS MODIFIED 228 STIPULATION CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 8/31/2012. Case Management Conference set for 9/7/2012 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 7/3/12. (jjoS, COURT STAFF) (Filed on 7/3/2012)

Case3:09-cv-00670-JSW Document228 Filed07/02/12 Page1 of 6

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HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: 206.623.0594

K&L GATES LLP
Four Embarcadero Center, Suite 1200
San Francisco, CA 94111-5994
Telephone: [phone]
Facsimile: 415.822-8220

Steve W. Berman (pro hac vice)
[e-mail]
Tyler S. Weaver (pro hac vice)
[e-mail]
Robert F. Lopez (pro hac vice)
[e-mail]

Patrick J. Perrone (pro hac vice)
[e-mail]
Todd L. Nunn (pro hac vice)
[e-mail]
Attorneys for Defendant Trex Company, Inc.

Attorneys for Select Plaintiffs and Lead Counsel
for the Proposed Class

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DEAN MAHAN, GRETCHEN SILVERMAN, J.
STEPHEN TISDALE, STEVEN MCKENNA,
THOMAS SCHAUPPNER, MARJORIE
ZACHWIEJA, JOHN FORCELLA, SHEILA
SHAPIRO, SABRINA W. HASS and DR.
LANNY W. HASS, AMY BIONDI-HUFFMAN,
and BRIAN HATHAWAY, on behalf of
themselves and all others similarly situated,

Case No. CV 09-00670-JSW
STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE
AS MODIFIED

Plaintiffs,
vs.
TREX COMPANY, INC., a Delaware
corporation,
Defendant.

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STIPULATION AND [PROPOSED] ORDER CONTINUING
CASE MANAGEMENT CONFERENCE
Case No. CV 09-00670-JSW

Case3:09-cv-00670-JSW Document228 Filed07/02/12 Page2 of 6

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Per the Civil Standing Orders of the Honorable Jeffrey S. White, plaintiffs and defendant Trex

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Company, Inc. (“Trex”), by and through their respective counsel of record, stipulate and respectfully

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ask the Court to continue the due-date for their Case Management Statement, presently due on June

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29, 2012, and to continue the Case Management Conference, which presently is scheduled for July 6,

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2012. See April 24, 2012 Order Granting as Modified Joint Motion To Continue April 27, 2012 Case

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Management Conference (Dkt. No. 227). The parties continue to work toward a settlement and have

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agreed to attend another in-person mediation session in July 2012, as soon as a mutually available

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date can be found on the mediator’s schedule.

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The parties stipulate and request that the case schedule be suspended for six weeks from the

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date of entry of this order so that they can mediate and attempt to settle this matter as set forth above.

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The parties will report the results of their efforts to settle this matter after they determine whether

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they can settle the matter at this time or not, and no later than five (5) days following the expiration of

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the six-week period referenced above. If the parties report that they have been unable to settle this

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matter, then with their report they will ask that the Court decide Trex’s pending motion to transfer

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and, if the motion to transfer is denied, that the Court set a case management conference for the

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STIPULATION AND [PROPOSED] ORDER CONTINUING
CASE MANAGEMENT CONFERENCE
Case No. CV 09-00670-JSW

Case3:09-cv-00670-JSW Document228 Filed07/02/12 Page3 of 6

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earliest availability on the Court’s calendar (with the parties’ case management statement due seven

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(7) days before the case management conference).

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DATED: June 29, 2012.

HAGENS BERMAN SOBOL SHAPIRO LLP

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By

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Attorneys for Select Plaintiffs and Lead Counsel
for the Proposed Class

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/s/ Robert F. Lopez
Steve W. Berman
Tyler S. Weaver
Robert F. Lopez

DATED: June 29, 2012.

K&L GATES LLP

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By:

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/s/ Patrick J. Perrone
Patrick J. Perrone
Todd L. Nunn

Attorneys for Defendant Trex Company, Inc.

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STIPULATION AND [PROPOSED] ORDER CONTINUING
CASE MANAGEMENT CONFERENCE
Case No. CV 09-00670-JSW

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[PROPOSED] ORDER

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The foregoing Stipulation having been reviewed, and good cause appearing therefor, the

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requested scheduling change is hereby ORDERED and approved. The Court HEREBY CONTINUES
the case management conference to September 7, 2012. The Court FURTHER ORDERS that the
pending motion to transfer is STRICKEN without prejudice to refiling if the parties do not settle.

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Dated:

July 3, 2012
Honorable Jeffrey S. White
United States District Judge

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STIPULATION AND [PROPOSED] ORDER CONTINUING
CASE MANAGEMENT CONFERENCE
Case No. CV 09-00670-JSW