Rodman v. Safeway, Inc.

Filing 416

STIPULATION AND ORDER re 415 STIPULATION WITH PROPOSED ORDER For Approval Of Supersedeas Bond And Stay Of Execution And Enforcement Of Judgment Pending Appeal filed by Safeway Inc. Signed by Judge Jon S. Tigar on January 11, 2016. (wsn, COURT STAFF) (Filed on 1/11/2016)

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.
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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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Defendant.

19

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

22 others similarly situated (“Plaintiff”), and Defendant Safeway Inc. (“Safeway”), hereby stipulate
23 and agree as follows:
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WHEREAS, the Court entered judgment on November 30, 2015 (Dkt. No. 406).

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WHEREAS, Safeway filed a Notice of Appeal to the United States Court of Appeals for

28 the Ninth Circuit on December 4, 2015 (Dkt. No. 408).
Case No. 3:11-CV-03003-JST (JCS)
0049887.
-1STIPULATION AND [PROPOSED] ORDER FOR APPROVAL OF SUPERSEDEAS BOND AND STAY OF
EXECUTION AND ENFORCEMENT OF JUDGMENT PENDING APPEAL

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).
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WHEREAS, on January 6, 2016, pursuant to the parties’ stipulation, the Court entered an

7 Order for Further Extension of Stay of Execution of Enforcement of Judgment by which any
8 execution or enforcement of the judgment was stayed until and including January 12, 2016 (Dkt.
9 No. 414).
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WHEREAS, Safeway has obtained a supersedeas bond in the amount of $42,000,000, a

12 copy of which is attached hereto as Exhibit A.
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WHEREAS, the parties agree that any execution or enforcement of the judgment is stayed

15 until fifteen days after issuance of the mandate by the United States Court of Appeals for the Ninth
16 Circuit.
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Case No. 3:11-CV-03003-JST (JCS)
0049887.
-2STIPULATION AND [PROPOSED] ORDER FOR APPROVAL OF SUPERSEDEAS BOND AND STAY OF
EXECUTION AND ENFORCEMENT OF JUDGMENT PENDING APPEAL

1
2 Dated: January 7, 2016

Dated: January 7, 2016

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REED SMITH LLP

CHIMICLES & TIKELLIS LLP

By: ___/s/ Jonah D. Mitchell*______________
Scott D. Baker (SBN 84923)
Jonah D. Mitchell (SBN 203511)
James A. Daire (SBN 239637)
Christine M. Morgan (SBN 169350)
101 Second Street, Suite 1800
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]

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.

13 * Filer’s Attestation: Pursuant to Civil Local Rule
5-1(i) regarding signatures, Jonah D. Mitchell
14 hereby attests that concurrence in the filing of this
document has been obtained.
15

Attorneys for Plaintiff
MICHAEL RODMAN and the Class

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ORDER

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19 PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that any execution or
20 enforcement of the judgment is stayed until fifteen days after issuance of the mandate by the

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Jud

ER

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RT

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NO

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________________________________
Hon. Jon S. Tigar
. T ga r
United States District Judgei
ge J o n S

FO

25 DATED: January 11, 2016

VED
APPRO

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UNIT
ED

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S DISTRICT
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21 United States Court of Appeals for the Ninth Circuit.

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Case No. 3:11-CV-03003-JST (JCS)
0049887.
-3STIPULATION AND [PROPOSED] ORDER FOR APPROVAL OF SUPERSEDEAS BOND AND STAY OF
EXECUTION AND ENFORCEMENT OF JUDGMENT PENDING APPEAL