Collins v. Duracell, Inc. et al

Filing 53

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)
[e-mail]
JONES DAY
3161 Michelson Drive, Suite 800
Irvine, CA 92612
Telephone:
949.553.7548
Facsimile:
949.553.7539
E-mail:
[e-mail]

Robert C. Schubert (State Bar No. 62684)
Miranda P. Kolbe (State Bar No. 214392)
Noah M. Schubert (State Bar No. 278696)
[e-mail]
SCHUBERT JONCKHEER & KOLBE LLP
Three Embarcadero Ctr. Ste. 1650
San Francisco, CA 94111-4018
Telephone: [phone]
Facsimile: 415.788.0161

Jason McDonell (State Bar No. 115084)
[e-mail]
Craig E. Stewart (State Bar No. 129530)
[e-mail]
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
xxxxxxxxxx
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.
5.

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

Case3:12-cv-01778-EDL Document52 Filed11/26/13 Page4 of 4

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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
12-cv-01778 EDL

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 [e-mail], [e-mail],
[e-mail], [e-mail]
Jason S. McDonell

[e-mail], [e-mail]

Michael Anderson Berry
Miranda Kolbe

[e-mail], [e-mail]

[e-mail], [e-mail]

Noah M. Schubert

[e-mail]

Robert Allan Mittelstaedt
[e-mail]
Robert C. Schubert

[e-mail], [e-mail],

[e-mail]

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

[e-mail]

[e-mail], [e-mail]

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