Nguyen v. BMW of North America, LLC et al

Filing 64

ORDER RE: 4TH AMENDED COMPLAINT (tf, COURT STAFF) (Filed on 10/25/2011)

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William A. Kershaw (State Bar No. 057486)
Stuart C. Talley (State Bar No. 180374)
KERSHAW, CUTTER & RATINOFF, LLP
401 Watt Avenue
Sacramento, California 95864
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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(SAN FRANCISCO DIVISION)

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TIM NGUYEN, as an individual and
CHRIS CLYNE, an individual, on behalf
of themselves and all others similarly
situated,

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Plaintiffs,

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Case No. CV 10-2257 SI

STIPULATION REQUEST TO FILE FOURTH
AMENDED COMPLAINT

v.
BMW OF NORTH AMERICA, LLC; and
DOES 1-100,
Defendants.

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STIPULATED REQUEST TO FILE FOURTH AMENDED COMPLAINT

CASE NO. CV 10-2257 SI

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By and through their respective counsel of record, plaintiffs Tim Nguyen and Chris Clyne,

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as individuals and on behalf of all others similarly situated, and defendant BMW of North

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America (“BMW NA” or “defendant”) stipulate and agree as follows:

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WHEREAS, on May 25, July 13, and September 7, 2010, and January 14, 2011 plaintiffs

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filed their Complaint and their First, Second and Third Amended Complaints in the above-

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captioned matter;

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WHEREAS on October 14, 2011 the Court requested that plaintiffs file a Fourth

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Amended Complaint setting forth allegations consistent with the parties proposed settlement

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class;

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WHEREAS, on October 19, 2011 the parties agreed on the form and filing of the attached

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Fourth Amended Complaint so as to procedurally parallel the parties efforts to effectuate

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nationwide resolution of the litigation;

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IT IS HEREBY STIPULATED, by and between the undersigned counsel for the parties,
subject to the approval of this Court, that:
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Plaintiffs shall file and serve their Fourth Amended Complaint attached
hereto in the above-captioned matter.

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Dated: October 19, 2011.

Respectfully submitted,
KERSHAW, CUTTER & RATINOFF LLP

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By:

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/s/ William A. Kershaw
WILLIAM A. KERSHAW
Attorneys for Plaintiffs

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Dated: October 19, 2011.

CARROLL, BURDICK & McDONOUGH LLP
/s/ Eric J. Knapp
ERIC J. KNAPP
Attorneys for Defendant
BMW of North America, LLC

By:

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STIPULATED REQUEST TO FILE FOURTH AMENDED COMPLAINT

CASE NO. CV 10-2257 SI

ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: _______________
10/24/11

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HONORABLE SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE

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STIPULATED REQUEST TO FILE FOURTH AMENDED COMPLAINT

CASE NO. CV 10-2257 SI