Milligan et al v. Toyota Motor Sales, U.S.A., Inc. et al

Filing 42

STIPULATION AND ORDER TO CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT AND BRIEFING SCHEDULE. Signed by Judge Richard Seeborg on 9/14/10. (cl, COURT STAFF) (Filed on 9/14/2010)

Milligan et al v. Toyota Motor Sales, U.S.A., Inc. et al

Doc. 42

*E-Filed 9/14/10*

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Frank C. Rothrock (SBN: 54452) [e-mail] Douglas W. Robinson (SBN: 255909) [e-mail] M. Kevin Underhill (SBN: 208211) [e-mail] Eva M. Weiler (SBN: 233942) [e-mail] SHOOK, HARDY & BACON, LLP 5 Park Plaza, Suite 1600 Irvine, California 92614 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants Toyota Motor Sales, U.S.A., Inc. and Toyota Motor Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

CARIN and EDWARD MILLIGAN, California residents, on behalf of themselves and all others similarly situated,

) ) ) ) ) Plaintiffs, ) vs. ) ) TOYOTA MOTOR SALES, U.S.A., ) INC., a California corporation; and ) TOYOTA MOTOR CORPORATION, a ) foreign corporation, ) ) Defendants. ) ) ) ) ) )

Case No. C09-05418 VRW RS Judge: Hon. Vaughn R. Walker STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT AND BRIEFING SCHEDULE

Complaint filed: November 17, 2009

WHEREAS plaintiffs Carin and Edward Milligan (collectively "plaintiffs") filed a Second Amended Complaint on March 9, 2010; WHEREAS defendants Toyota Motor Sales, U.S.A., Inc. and Toyota Motor Corporation (collectively "defendants") filed a Motion to Dismiss Second Amended Complaint on March 30, 2010, and subsequently stipulated, with this Court's
STIPULATION AND [PROPOSED] ORDER CONTINUING MOTION TO DISMISS C09-05418
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Dockets.Justia.com

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approval, to extend the hearing associated with that motion until September 30, 2010 to facilitate settlement negotiations; WHEREAS the parties have participated in four mediation sessions before the Honorable Edward Wallin (Ret.) of JAMS, have agreed in principle on the terms of a settlement, and are in the process of finalizing the terms of a proposed class settlement agreement; WHEREAS the parties anticipate seeking preliminary approval of the class action settlement within the next thirty days; and agree that the hearing on Defendants' Motion to Dismiss should be continued until the settlement approval process is complete. THEREFORE, the parties agree and stipulate as follows: The hearing on Defendants' Motion to Dismiss Second Amended Complaint, currently set for September 30, 2010, and the associated opposition and reply briefing, shall be continued until the settlement approval process is complete, at which time the parties shall advise this Court of the status of the case and settlement, and will reset the date for the hearing on Defendants' Motion to Dismiss, if necessary. Dated: September 9, 2010 SHOOK, HARDY & BACON L.L.P.

By: /s/ Frank C. Rothrock Frank C. Rothrock Attorneys for Defendants Toyota Motor Sales, U.S.A., Inc. and Toyota Motor Corporation Dated: September 9, 2010 MERRILL, NOMURA & MOLINEUX L.L.P.

By: /s/ Jeffrey B. Cereghino Jeffrey B. Cereghino Attorneys for Plaintiffs 2
STIPULATION AND [PROPOSED] ORDER CONTINUING MOTION TO DISMISS C09-05418

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: 9/14/10 IT IS SO ORDERED.

[PROPOSED] ORDER Based on the foregoing stipulation of the parties and good cause appearing, it is therefore SO ORDERED that the hearing and associated briefing on Defendants' Motion to Dismiss Second Amended Complaint shall be continued until the settlement approval is complete, at which time the parties shall advise this Court of the status of the case and settlement, and reset the date for Defendants' Motion to Dismiss, if necessary.

UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER CONTINUING MOTION TO DISMISS C09-05418