Trabakoolas et al v. Watts Water Technologies, Inc. et al

Filing 258

STIPULATION AND ORDER STAYING LITIGATION AND PENDING DEADLINES FOR 45 DAYS re 256 STIPULATION WITH PROPOSED ORDER. Within 30 days the parties will submit a joint report to the Court advising of the status of the settlement discussions and, if necessary, propose a schedule for further proceedings. Signed by Judge William H. Orrick on 08/22/2013. (jmdS, COURT STAFF) (Filed on 8/22/2013)

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1 2 3 4 5 6 7 8 9 Simon Bahne Paris Patrick Howard Charles J. Kocher SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. One Liberty Place, 52nd Floor 1650 Market Place Philadelphia, PA19103 Telephone: (215) 575-3985 Facsimile: (215) 496-0999 Email: Interim Lead Class Counsel 10 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 12 13 14 15 16 JASON TRABAKOOLAS, SHEILA STETSON, JACK WHEELER, CHRISTIE MOONEY AND KEVEN TURNER individually and on behalf of all others similarly situated, 17 Plaintiffs, 18 19 20 21 v. WATTS WATER TECHNOLOGIES, INC., WATTS REGULATOR CO., AND WOLVERINE BRASS, INC. Defendants. No. 3:12-cv-01172-WHO (EDL) CLASS ACTION STIPULATION AND ORDER STAYING LITIGATION AND PENDING DEADLINES FOR 45 DAYS. Honorable William H. Orrick III 22 23 Pursuant to Civil Local Rule 6-2, Plaintiffs Jason Trabakoolas, Sheila 24 Stetson, Jack Wheeler, Christie Mooney, and Keven Turner and Defendants Watts 25 Water Technologies, Inc., Watts Regulator Co., and Wolverine Brass, Inc., hereby 26 submit this Stipulated Request for Order Staying the Litigation and all Pending 27 Deadlines for 45 Days to focus on settlement discussions. 28 Page 1 1 WHEREAS, the parties engaged in two full day private mediation session 2 before former United States District Judge, Hon. Layn Phillips (Ret.) on February 3 20, 2013 and August 20, 2013, in an effort to resolve this case. 4 WHEREAS, following the August 20, 2013, mediation session, the parties 5 made significant progress toward settlement. Judge Phillips directed the parties to 6 complete a term sheet and to respond to a mediator’s proposal that could lead to a 7 settlement. 8 9 10 11 12 13 14 WHEREAS, the Court entered an order on July 30, 2013 (ECF No. 211) setting certain deadlines for this case: 1. Plaintiffs’ Rebuttal Expert Reports, September 30, 2013; 2. Expert Discovery Cutoff, October 21, 2013 3. Daubert Hearing, December 6, 2013; 4. Class Certification Hearing, February 5, 2014; 5. Pre-trial Conference, November 17, 2014; and 6. Trial by Jury, December 1, 2014 15 WHEREAS, the parties are in an intensive phase of the litigation, with 16 multiple deadlines in the next 60 days which will demand significant resources 17 from the parties and the Court. Plaintiffs’ experts are presently preparing their 18 rebuttal reports. In addition, Defendants’ 8 testifying experts are scheduled to be 19 deposed at various locations around the country between August 28 and 20 September 28. Plaintiffs also intend to depose other witnesses who Defendants’ 21 experts have identified and/or consulted and have propounded further 22 interrogatories and document requests. 23 depositions of two named plaintiffs as well as all of Plaintiffs’ rebuttal experts. Defendants will be taking the further 24 The parties together have filed or are meeting and conferring on at least five 25 discovery motions. Plaintiffs have one such motion currently pending before 26 Judge Laporte. (ECF No. 224). In addition, Plaintiffs would begin the meet and 27 28 Page 2 1 confer process with Defendants’ regarding Judge Laporte’s August 1, 2013 order 2 granting in-part Plaintiffs’ motion to compel documents withheld on the grounds 3 of privilege, and ordering the parties to meet and confer to resolve outstanding 4 issues related to the documents which were the subject of the motion. (ECF No. 5 210). 6 WHEREAS, due to the expense and time associated with all of these 7 litigation activities, the parties, with the support of Judge Phillips, ask the Court to 8 stay all of the litigation activity for 45 days so they can continue to focus their 9 efforts on reaching a resolution. Judge Phillips would be pleased to discuss his 10 recommendation with the Court and can be reached at (949) 760-0991 or 11 12 13 WHEREAS, the parties do not believe that a 45 day stay will impact the scheduled pre-trial conference or the trial date set by the Court. 14 WHEREAS, within 30 days, the parties will submit a joint report to the 15 Court advising of the status of the settlement discussions and, if necessary, 16 propose a schedule for further proceedings. 17 IT IS SO STIPULATED. 18 19 20 21 22 23 24 25 26 27 28 Page 3 1 Dated: August 22, 2013 2 SIMON B. PARIS PATRICK HOWARD SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. 3 By: /s/ Patrick Howard PATRICK HOWARD Admitted Pro Hac Vice 4 5 Attorneys for Plaintiffs 6 DAVID S MACCUISH TODD B. BENOFF ALSTON & BIRD LLP 7 8 By: /s/ David S. MacCuish David S. MacCuish (SBN 54024) 9 10 Attorneys for Defendants WATTS REGULATOR CO., WATTS WATER TECHNOLOGIES, INC. and WOLVERINE BRASS, INC. 11 12 13 14 15 16 17 PURSUANT TO STIPULATION, IT IS SO ORDERED. Date: August 22, 2013 _______________________________ Hon. William Orrick III United States District Judge 18 19 20 21 22 23 24 25 26 27 28 Page 4

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