Collins v. Duracell, Inc. et al
Filing
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STIPULATION AND ORDER STAYING CASE. Signed by Judge Elizabeth D. Laporte on 12/2/13. (lrc, COURT STAFF) (Filed on 12/2/2013)
Case3:12-cv-01778-EDL Document52 Filed11/26/13 Page1 of 4
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Darren K. Cottriel (State Bar No. 184731)
dcottriel@jonesday.com
JONES DAY
3161 Michelson Drive, Suite 800
Irvine, CA 92612
Telephone:
949.553.7548
Facsimile:
949.553.7539
E-mail:
dcottriel@JonesDay.com
Robert C. Schubert (State Bar No. 62684)
Miranda P. Kolbe (State Bar No. 214392)
Noah M. Schubert (State Bar No. 278696)
nschubert@schubertlawfirm.com
SCHUBERT JONCKHEER & KOLBE LLP
Three Embarcadero Ctr. Ste. 1650
San Francisco, CA 94111-4018
Telephone: 415.788.4220
Facsimile: 415.788.0161
Jason McDonell (State Bar No. 115084)
jmcdonell@JonesDay.com
Craig E. Stewart (State Bar No. 129530)
cestewart@JonesDay.com
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone:
415.626.3939
Facsimile:
415.875.5700
Attorneys for Plaintiff
Attorneys for Defendants
THE GILLETTE COMPANY AND THE
PROCTER & GAMBLE COMPANY
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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HELEN HEINDEL, Individually and on
Behalf of All Others Similarly Situated,
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JOINT STIPULATION AND
[PROPOSED] ORDER FOR STAY
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PENDING FINAL APPROVAL OF
SETTLEMENT AGREEMENT
Plaintiff,
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Case No. 12-cv-01778 EDL
v.
THE GILLETTE COMPANY and THE
PROCTER & GAMBLE COMPANY,
CIV. L.R. 6-1 & 6-2
Defendants.
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Stip. and [Proposed] Order to Stay Case
12-cv-01778 EDL
Case3:12-cv-01778-EDL Document52 Filed11/26/13 Page2 of 4
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Pursuant to Civil Local Rule 6-1(b) and 6-2, Plaintiff Helen Heindel, and Defendants The
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Gillette Company and The Procter & Gamble Company (collectively, the “Parties”), by and
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through their respective undersigned counsel of record, stipulate and request as follows:
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1.
On April 19, 2012, a similar action was filed in Florida, which case currently is
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pending in the United States District Court for the Middle District of Florida and titled Poertner
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v. The Gillette Company, et al., Case No. 6:12-CV-00803-GAP-DAB (M.D. Fla.) (the “Poertner
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Action”). The Poertner Action raises essentially identical claims and allegations concerning
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Duracell brand AA & AAA Ultra Advanced and Ultra Power batteries.
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2.
In September 2013, the parties in this action and in the Poertner Action entered
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into a nationwide class action settlement agreement to resolve both actions through a nationwide
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settlement of all claims to be submitted for approval in the Middle District of Florida in the
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Poertner Action. As a term of the settlement, the parties agreed to stay this action until the
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nationwide class action settlement becomes effective following the final fairness hearing, at
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which point this action would be dismissed with prejudice.
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3.
A motion for preliminary approval of the nationwide class action settlement was
filed in the Poertner Action on October 25, 2013.
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On November 5, 2013, the Middle District of Florida issued an order granting
preliminary approval of the nationwide class action settlement in the Poertner Action.
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The Middle District of Florida has set a schedule for notice and approval of the
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nationwide class action settlement in the Poertner Action, including setting a final approval
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hearing for March 21, 2014.
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IT IS HEREBY STIPULATED by and between the parties, through their respective
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counsel, that the present action be stayed in its entirety pending the final approval of the
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nationwide class action settlement agreement in the Poertner Action. It is further stipulated and
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agreed that as of the Effective Date of the settlement, following Order and Final Judgment by the
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Middle District of Florida in the Poertner Action and the exhaustion of any appeals in that action,
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as defined in the Settlement Agreement, Defendants are authorized to notify this Court of the
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final approval, at which point the parties agree that this case should be dismissed with prejudice.
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Stip. and [Proposed] Order to Stay Case
12-cv-01778 EDL
Case3:12-cv-01778-EDL Document52 Filed11/26/13 Page3 of 4
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IT IS SO STIPULATED.
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Dated: November 26, 2013
Respectfully submitted,
Jones Day
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By: /s/ Darren K. Cottriel
Darren K. Cottriel
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Counsel for Defendants
THE GILLETTE COMPANY AND THE
PROCTER & GAMBLE COMPANY
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Dated: November 26, 2013
Respectfully submitted,
Schubert Jonckheer & Kolbe LLP
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By: /s/ Noah M. Schubert
Noah M. Schubert
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Counsel for Plaintiff
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SIGNATURE ATTESTATION
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I hereby attest that the concurrence in the filing of the document has been obtained from
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the other signatory.
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Dated: November 26, 2013
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JONES DAY
By: /s/ Darren K. Cottriel
Darren K. Cottriel
_______
Counsel for Defendants
THE GILLETTE COMPANY AND THE
PROCTER & GAMBLE COMPANY
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Stip. and [Proposed] Order to Stay Case
12-cv-01778 EDL
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[PROPOSED] ORDER
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The Court, having considered the above stipulation of the parties, and good case appearing
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therefore, HEREBY ORDERS THAT this action is stayed in its entirety pending final approval of
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the nationwide class action settlement in the related case, Poertner v. The Gillette Company, et
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al., Case No. 6:12-CV-00803-GAP-DAB (M.D. Fla.) (the “Poertner Action”). All existing dates
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and deadlines scheduled in this action are vacated. Upon the Effective Date of the settlement,
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following Order and Final Judgment by the Middle District of Florida in the Poertner Action and
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the exhaustion of any appeals in that action, Defendants shall notify this Court of same, at which
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time the present action will be dismissed with prejudice.
IT IS SO ORDERED.
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Dated:
December ___, 2013
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__________________________________
Hon. Elizabeth D. Laporte
United States Magistrate Judge
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Stip. and [Proposed] Order to Stay Case
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CAND-ECF
Page 1 of 2
Stipulations
3:12-cv-01778-EDL Heindel v.
The Gillette Company et al
ADRMOP,CONSENT,EFiling,PROTO,PRVADR
U.S. District Court
California Northern District
Notice of Electronic Filing
The following transaction was entered by Cottriel, Darren on 11/26/2013 at 9:30 AM PST and filed on
11/26/2013
Case Name:
Heindel v. The Gillette Company et al
Case Number:
3:12-cv-01778-EDL
Filer:
James Collins
Duracell, Inc.
Helen Heindel
The Gillette Company
The Procter & Gamble Company
Document Number: 52
Docket Text:
STIPULATION WITH PROPOSED ORDER JOINT STIPULATION AND [PROPOSED]
ORDER FOR STAY PENDING FINAL APPROVAL OF SETTLEMENT AGREEMENT filed by
James Collins, Duracell, Inc., Helen Heindel, The Gillette Company, The Procter &
Gamble Company. (Cottriel, Darren) (Filed on 11/26/2013)
3:12-cv-01778-EDL Notice has been electronically mailed to:
Darren Keith Cottriel dcottriel@jonesday.com, dhansen@jonesday.com,
ECFIrvineNotifications@jonesday.com, nmichau@jonesday.com
Jason S. McDonell
jmcdonell@jonesday.com, mrivera@jonesday.com
Michael Anderson Berry
Miranda Kolbe
aberry@jonesday.com, jjew@jonesday.com
mkolbe@schubert-reed.com, jzaneri@schubertlawfirm.com
Noah M. Schubert
nschubert@schubertlawfirm.com
Robert Allan Mittelstaedt
pwalter@jonesday.com
Robert C. Schubert
ramittelstaedt@jonesday.com, mlandsborough@jonesday.com,
rschubert@schubertlawfirm.com
https://ecf.cand.uscourts.gov/cgi-bin/Dispatch.pl?523474511167652
11/26/2013
CAND-ECF
Page 2 of 2
Sophia Helena Calderon
Willem F. Jonckheer
scalderon@jonesday.com
wjonckheer@schubertlawfirm.com, jzaneri@schubertlawfirm.com
3:12-cv-01778-EDL Please see Local Rule 5-5; Notice has NOT been electronically mailed to:
The following document(s) are associated with this transaction:
Document description:Main Document
Original filename:C:\fakepath\Collins PDF_ Joint Stipulation and Order for Stay.pdf
Electronic document Stamp:
[STAMP CANDStamp_ID=977336130 [Date=11/26/2013] [FileNumber=10189936-0
] [2f9e80cbdb2720ddd9588c8be6d45b22feb6d69ef11978b1cd90b9bddc188559b94
d53364219dfc3e62b19b0c1411e81f89c4d6148a1f757c890fe1764cfed30]]
https://ecf.cand.uscourts.gov/cgi-bin/Dispatch.pl?523474511167652
11/26/2013
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