Rodman v. Safeway, Inc.

Filing 414

STIPULATION AND ORDER re 413 STIPULATION WITH PROPOSED ORDER For Further Extension Of Stay Of Execution And Enforcement Of Judgment filed by Safeway Inc. Signed by Judge Jon S. Tigar on January 5, 2016. (wsn, COURT STAFF) (Filed on 1/5/2016)

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.
10
11

UNITED STATES DISTRICT COURT

12

NORTHERN DISTRICT OF CALIFORNIA

13
14 MICHAEL RODMAN, on behalf of himself
and all others similarly situated,
15
Plaintiff,
16
v.
17 SAFEWAY INC.,
18

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

Defendant.
The Honorable Jon S. Tigar

19
20
21
22

Pursuant to Civil Local Rule 7-12, Plaintiff Michael Rodman, on behalf of himself and all

23 others similarly situated (“Plaintiff”), and Defendant Safeway Inc. (“Safeway”), hereby stipulate
24 and agree as follows:
25
26

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

27
28
Case No. 3:11-CV-03003-JST (JCS)
-1STIPULATION AND [PROPOSED] ORDER FOR FURTHER EXTENSION OF STAY OF EXECUTION AND
ENFORCEMENT OF JUDGMENT

1

WHEREAS, on December 11, 2015, pursuant to the parties’ stipulation, the Court entered

2 an Order for Extension of Stay of Execution and Enforcement of Judgment by which (1) any
3 execution or enforcement of the judgment was stayed until and including January 5, 2016; and (2)
4 a supersedeas bond in the amount of $42,000,000 was approved (Dkt. No. 412).
5
6

WHEREAS, Safeway is in the process of procuring the supersedeas bond and conferring

7 with Plaintiff on the language of the bond.
8
9

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

10
11

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

12 condition, and has agreed to immediately notify Plaintiff of any material change in such condition
13 that would impact its ability to pay the judgment.
14
15

WHEREAS, Plaintiff and Safeway agree to further extend the stay provided under Fed. R.

16 Civ. Proc. 62(a) until and including January 12, 2016.
17
18
19
20
21
22
23
24
25
26
27
28
Case No. 3:11-CV-03003-JST (JCS)
-2STIPULATION AND [PROPOSED] ORDER FOR FURTHER EXTENSION OF STAY OF EXECUTION AND
ENFORCEMENT OF JUDGMENT

1 Dated: January 5, 2015

Dated: January 5, 2015

2
3

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]
9
10

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.

11
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.
14

Attorneys for Plaintiff
MICHAEL RODMAN and the Class

ORDER

15
16

17 PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that any execution or
18 enforcement of the judgment is stayed until and including January 12, 2016. Until such time as
19 Safeway has obtained the supersedeas bond, Plaintiff may seek emergency relief from the stay of
20 execution in the event of any material change in Safeway’s financial condition that reasonably
21 implicates Safeway’s ability to pay the judgment.

S

ER

R NIA

. Ti ga r

FO

nS
J u d ge J o

H

28

RT

27

NO

26

_______________________________
VED
A TigarO
Hon. Jon S. PPR
United States District Judge

LI

25

DATED: January 5, 2016

A

24

UNIT
ED

23

RT
U
O

22

S DISTRICT
TE
C
TA

N

F
D IS T IC T O
R

C

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