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

Filing 264

ORDER STAYING LITIGATION AND PENDING DEADLINES UNTIL DECEMBER 10, 2013 re 263 Status Report. Case Management Statement due by 12/12/2013. Further Case Management Conference set for 12/17/2013 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 11/06/2013. (jmdS, COURT STAFF) (Filed on 11/6/2013)

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DANIEL E. GUSTAFSON, ESQ.
JASON S. KILENE, ESQ.
MICHELLE J. LOOBY, ESQ.
GUSTAFSON GLUEK PLLC
Canadian Pacific Plaza
120 South 6th Street, #2600
Minneapolis, MN 55402
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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JASON TRABAKOOLAS, SHEILA
STETSON, JACK WHEELER, CHRISTIE
MOONEY AND KEVEN TURNER
individually and on behalf of all others similarly
situated,
Plaintiffs,
v.
WATTS WATER TECHNOLOGIES, INC.,
WATTS REGULATOR CO., AND
WOLVERINE BRASS, INC.,

Case No. 3:12-cv-01172-WHO (EDL)
CLASS ACTION
JOINT REPORT ON STATUS OF
SETTLEMENT NEGOTIATIONS AND
STIPULATION AND ORDER STAYING
LITIGATION AND PENDING
DEADLINES UNTIL DECEMBER 10,
2013
Honorable William H. Orrick III

Defendants.

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Pursuant to Civil Local Rule 6-2, Plaintiffs Jason Trabakoolas, Sheila Stetson,

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Jack Wheeler, Christie Mooney, and Keven Turner and Defendants Watts Water

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Technologies, Inc., Watts Regulator Co., and Wolverine Brass, Inc., hereby submit

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this Joint Report on Status of Settlement Negotiations and Stipulated Request for

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Order Staying the Litigation and Pending Deadlines until December 10, 2013 in order

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to focus on settlement discussions and to allow for a further mediation.

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Joint Report of Status of Settlement Negotiations and Stipulation and
Order Staying Litigation and Pending Deadlines Until December 10, 2013
Case No. 3:12-cv-01172-WHO (EDL)

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WHEREAS, the parties engaged in two full day private mediation sessions before

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former United States District Judge, Hon. Layn Phillips (Ret.) on February 20, 2013 and

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August 20, 2013, in an effort to resolve this case.

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WHEREAS, at the August 20, 2013, mediation session, the parties made significant

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progress toward settlement. Judge Phillips directed the parties to complete a Term Sheet on

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non-monetary terms and to respond to a mediator’s proposal that established a dollar range

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within which he proposed that the case should be settled.

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WHEREAS, on August 22, 2013, the Court stayed this action for 45 days, or until

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October 7, 2013, based on the parties’ stipulated request that they be permitted to focus on

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settling rather than litigating this case. (ECF No. 258.) On October 8, 2013, the Court

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extended the stay at the parties’ request for November 7, 2013 in order to allow the parties to

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further explore settlement. (ECF No. 261.) The parties appreciate the Court’s orders and

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have been able to make progress towards settlement during the stay.

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WHEREAS, the parties reached agreement on a Settlement Term Sheet that outlines
the framework for resolution of this purported class action.

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WHEREAS, the parties have also worked on other issues necessary to allow them to

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respond to Judge Phillips’ bracketed settlement range. Progress has been made. The parties

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intend to continue these discussions and have scheduled a further mediation session with

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Judge Phillips for December 6, 2013. This is the first date that Judge Phillips had available.

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WHEREAS, the parties intend to continue their settlement discussions before the

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scheduled mediation but wish to continue the stay past the December 6, 2013 mediation in

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the event that their private discussions do not result in an agreement. The parties expect to

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know whether they will reach a settlement by then.

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WHEREAS, the Court is invited to contact Judge Phillips should it have any

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questions

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([e-mail]; [phone]).

about

the

settlement

mediation

process

that

he

is

supervising.

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Joint Report of Status of Settlement Negotiations and Stipulation and
Order Staying Litigation and Pending Deadlines Until December 10, 2013
Case No. 3:12-cv-01172-WHO (EDL)

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WHEREAS, the Court entered an order on July 30, 2013 (ECF No. 211) setting
certain deadlines for this case:

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1.

Plaintiffs’ Rebuttal Expert Reports, September 30, 2013;

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Expert Discovery Cutoff, October 21, 2013;

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3.

Daubert Hearing, December 6, 2013;

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Class Certification Hearing, February 5, 2014;

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5.

Pre-trial Conference, November 17, 2014; and

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6.

Trial by Jury, December 1, 2014.

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WHEREAS, at the time of the initial Stay, the parties were in an intensive

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phase of the litigation, with numerous deadlines which would have demanded

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significant resources from the parties and the Court. As more particularly described in

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the parties’ initial stipulation, rebuttal expert reports would be due, many expert and

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percipient witness depositions would have to be taken, and numerous pending and

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anticipated motions would have to go forward. (ECF No. 258, p.2.) All this litigation

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would have to be resumed if the stay were now lifted.

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WHEREAS, due to the expense and time associated with these litigation activities,

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the parties ask the Court to stay all litigation activity until December 10, 2013, so they can

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continue to focus their efforts on reaching a resolution and, if necessary, participate in the

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December 6, 2013 mediation before Judge Phillips. The parties’ counsel would be pleased to

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discuss this request for an extended stay with the Court and would, if the Court wishes,

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appear for a status conference with the Court concerning any issues that the Court would like

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the parties to address.

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WHEREAS, the parties do not believe that this further stay will impact the scheduled
pre-trial conference or the trial date set by the Court.

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WHEREAS, the parties will submit a joint report to the Court advising of the status

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of their remaining settlement discussions before a further stay expires and, if necessary,

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propose a schedule for further proceedings.

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Joint Report of Status of Settlement Negotiations and Stipulation and
Order Staying Litigation and Pending Deadlines Until December 10, 2013
Case No. 3:12-cv-01172-WHO (EDL)

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WHEREAS, the parties request the Court schedule a status conference after

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December 10, 2013. In the event the final terms of a settlement are agreed upon, the parties

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shall notify the Court prior to this status conference.

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IT IS SO STIPULATED.

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Dated: November 6, 2013

DANIEL E. GUSTAFSON
GUSTAFSON GLUEK PLLC.

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/s/ Daniel E. Gustafson
DANIEL E. GUSTAFSON
Attorneys for Plaintiffs

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Dated: November 6, 2013

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DAVID S. MacCUISH
TODD BENOFF
LINDSAY G. CARLSON
ALSTON & BIRD LLP

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/s/ David S. MacCuish
David S. MacCuish
Attorneys for Defendants WATTS REGULATOR
CO., WATTS WATER TECHNOLOGIES, INC. and
WOLVERINE BRASS, INC.

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Signature Attestation

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I, David S. MacCuish, am the ECF User whose ID and password are being used

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to file this Joint Report on Status of Settlement Negotiations and Stipulation and

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[Proposed] Order Staying Litigation and Pending Deadlines Until December 10, 2013.

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In compliance with Civil L.R. 5-1(i)(3), I hereby attest that Daniel E. Gustafson of

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Gustafson Gluek PLLC has concurred in this filing.

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Dated: November 6, 2013

/s/

David S. MacCuish

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Joint Report of Status of Settlement Negotiations and Stipulation and
Order Staying Litigation and Pending Deadlines Until December 10, 2013
Case No. 3:12-cv-01172-WHO (EDL)

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PURSUANT TO STIPULATION, IT IS SO ORDERED. A Case Management

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Conference will be held on December 17, 2013 at 2 p.m. in Courtroom 2. The parties shall

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file a Joint Status Report no later than December 12, 2013, describing the status of the

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settlement negotiations and, if the case has not settled, suggesting new dates for the class

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certification hearing and associated events.

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Date: November 6, 2013
_______________________________
Hon. William H. Orrick III
United States District Judge

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Joint Report of Status of Settlement Negotiations and Stipulation and
Order Staying Litigation and Pending Deadlines Until December 10, 2013
Case No. 3:12-cv-01172-WHO (EDL)