Rodman v. Safeway, Inc.

Filing 412

STIPULATION AND ORDER re 411 STIPULATION WITH [PROPOSED] ORDER For Extension Of Stay Of Execution And Enforcement Of Judgment And Approval Of Supersedeas Bond Amount filed by Safeway Inc.. Signed by Judge Jon S. Tigar on December 11, 2015. (wsn, COURT STAFF) (Filed on 12/11/2015)

1 Scott D. Baker (SBN 84923)
Email: [e-mail]
2 Jonah D. Mitchell (SBN 203511)
Email: [e-mail]
3
James A. Daire (SBN 239637)
4 Email: [e-mail]
Christine M. Morgan (SBN 169350)
5 Email: [e-mail]
REED SMITH LLP
6 101 Second Street, Suite 1800
San Francisco, CA 94105
7
Telephone:
[phone]
[phone]
8 Facsimile:
9 Attorneys for Defendant
SAFEWAY INC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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14 MICHAEL RODMAN, on behalf of himself
and all others similarly situated,
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Plaintiff,
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v.
17 SAFEWAY INC.,
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Case No. 3:11-CV-03003-JST (JCS)
STIPULATION AND [PROPOSED]
ORDER FOR EXTENSION OF STAY OF
EXECUTION AND ENFORCEMENT OF
JUDGMENT AND APPROVAL OF
SUPERSEDEAS BOND AMOUNT

Defendant.

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The Honorable Jon S. Tigar

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Pursuant to Civil Local Rule 7-12, Plaintiff Michael Rodman, on behalf of himself and all
others similarly situated (“Plaintiff”), and Defendant Safeway Inc. (“Safeway”), hereby stipulate
and agree as follows:

WHEREAS, the Court entered judgment on November 30, 2015 (Dkt. No. 406).

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Case No. 3:11-CV-03003-JST (JCS)
-1STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF STAY OF EXECUTION AND
ENFORCEMENT OF JUDGMENT AND APPROVAL OF SUPERSEDEAS BOND AMOUNT

1

WHEREAS, Federal Rule of Civil Procedure 62(a) provides that “no execution may issue

2 on a judgment, nor may proceedings be taken to enforce it, until 14 days have passed after its
3 entry”.
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WHEREAS, Federal Rule of Civil Procedure 62(d) provides for a stay of a money

6 judgment pending appeal as a matter of right when the appealing party files a supersedeas bond.
7 American Color Graphics, Inc. v. Travelers Property Cas. Ins. Co., No. C 04-3518 SBA, 2007
8 WL 1520952, *1 (N.D. Cal. May 23, 2007).
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WHEREAS, Safeway has filed a Notice of Appeal (Dkt. No. 408).

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WHEREAS, Safeway has agreed to post a supersedeas bond in the amount of $42,000,000,

13 and Plaintiff has agreed not to oppose this amount.
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WHEREAS, Safeway is in the process of procuring the supersedeas bond.

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WHEREAS, Safeway represents that it is able to satisfy the judgment.

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WHEREAS, Safeway has made representations to Plaintiff concerning its current financial

20 condition, and has agreed to immediately notify Plaintiff of any material change in such condition
21 that would impact its ability to pay the judgment.
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WHEREAS, Plaintiff and Safeway agree to extend the stay provided under Fed. R. Civ.

24 Proc. 62(a) until and including January 5, 2015.
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Case No. 3:11-CV-03003-JST (JCS)
-2STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF STAY OF EXECUTION AND
ENFORCEMENT OF JUDGMENT AND APPROVAL OF SUPERSEDEAS BOND AMOUNT

1 Dated: December 10, 2015

Dated: December 10, 2015

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CHIMICLES & TIKELLIS LLP

REED SMITH LLP

4 By: ___/s/ Jonah D. Mitchell*______________
Scott D. Baker (SBN 84923)
5
Jonah D. Mitchell (SBN 203511)
James A. Daire (SBN 239637)
6
Christine M. Morgan (SBN 169350)
7
101 Second Street, Suite 1800
San Francisco, CA 94105
8
Telephone:
[phone]
Facsimile:
[phone]
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By: ___/s/ Steven A. Schwartz_____________
Steven A. Schwartz (pro hac vice)
Timothy N. Mathews (pro hac vice)
361 W. Lancaster Ave.
Haverford, PA 19041
Telephone:
[phone]
Facsimile:
[phone]
James C. Shah (SBN 260435)
Rose F. Luzon (SBN 221544)
SHEPHERD, FINKELMAN,
MILLER & SHAH
401 West A Street, Suite 2350
San Diego, CA 92101
Telephone:
[phone]
Facsimile:
[phone]

Attorneys for Defendant
SAFEWAY INC.

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12 * Filer’s Attestation: Pursuant to Civil Local Rule
5-1(i) regarding signatures, Jonah D. Mitchell
13 hereby attests that concurrence in the filing of this
document has been obtained.
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Attorneys for Plaintiff
MICHAEL RODMAN and the Class

ORDER

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17 PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that (1) any execution or
18 enforcement of the judgment is stayed until and including January 5, 2016; and (2) a supersedeas
19 bond in the amount of $42,000,000 is approved. Until such time as Safeway has obtained the
20 supersedeas bond, Plaintiff may seek emergency relief from the stay of execution in the event of
21 any material change in Safeway’s financial condition that reasonably implicates Safeway’s ability
22 to pay the judgment.
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DATED: December 11, 2015

________________________________
Hon. Jon S. Tigar
United States District Judge

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Case No. 3:11-CV-03003-JST (JCS)
-3STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF STAY OF EXECUTION AND
ENFORCEMENT OF JUDGMENT AND APPROVAL OF SUPERSEDEAS BOND AMOUNT