Williams v. Flushmate et al

Filing 14

STIPULATION AND ORDER RE LIMITED STAY OF PROCEEDINGS re 13 STIPULATION WITH PROPOSED ORDER filed by Flushmate, Emily Williams, Gerber Plumbing Fixtures, LLC. Signed by Judge Edward M. Chen on October 9, 2012. (wsn, COURT STAFF) (Filed on 10/9/2012)

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STEVEN H. FRANKEL (State Bar No. 171919)
SNR DENTON US LLP
525 Market Street, 26th Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile:
[phone]
Email:
[e-mail]

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Attorneys for Defendants
FLUSHMATE, a division of
SLOAN VALVE COMPANY, and
GERBER PLUMBING FIXTURES, LLC
[Additional Counsel for the Parties listed on
Signature Page]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EMILY WILLIAMS, on behalf of herself and
all others similarly situated,

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Plaintiffs,
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Case No. C-12-cv-004757-EMC
STIPULATION AND [PROPOSED]
ORDER RE LIMITED STAY OF
PROCEEDINGS

vs.
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FLUSHMATE, a division of SLOAN VALVE
COMPANY, a Delaware corporation,
GERBER PLUMBING FIXTURES, LLC, a
Delaware corporation, and DOES 1-10,
inclusive
Defendants.

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Plaintiff Emily Williams (“Plaintiff”) and Defendants Flushmate, a division of Sloan

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Valve Company, and Gerber Plumbing Fixtures, LLC (collectively “Defendants”) hereby

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stipulate as follows:

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WHEREAS, on September 12, 2012, Plaintiff originally filed this action;

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Case No. C 12-cv-004757-EMC

STIPULATION AND [PROPOSED] ORDER TO
RE LIMITED STAY OF PROCEEDINGS

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WHEREAS, October 9, 2012 is the current initial deadline for Defendants to answer or
otherwise respond to Plaintiff’s Class Action Complaint in this action;

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WHEREAS, there are related actions pending in the Central District of California,

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United Desert Charities, et al. v. Flushmate, et al., Case No. 12-cv-06878 SJO (SHx) (“UDC

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Action”), and in the Eastern District of California, Ede v. Sloan Valve Company and Kohler Co.,

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Case No. 1:12-CV-01391-LJO-DLB (“Ede Action”);

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WHEREAS, on September 25, 2012, the parties met and conferred regarding Defendants

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Flushmate and American Standard’s contemplated motion to be filed on October 5, 2012 in the

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UDC Action, pursuant to 28 U.S.C. § 1404, to transfer the UDC Action to the United States

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District Court for the Eastern District of Michigan (the “Motion to Transfer”);

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WHEREAS, on September 28, 2012, Plaintiff’s counsel advised Defendants’ counsel

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that they intended to file an amended complaint in the UDC Action on or before October 5,

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2012, to include all claims asserted by Plaintiff Emily Williams in the instant action and all

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claims asserted in the Ede Action;

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WHEREAS, the parties stipulate and agree, subject to approval of the Court, that, in the

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interest of judicial economy, all other proceedings in this action shall be stayed until November

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12, 2012. If Plaintiff has not sought to dismiss this action without prejudice upon expiration of

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the stay on November 12, 2012, then Defendants shall have until November 26, 2012 within

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which to move to dismiss this action.

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THEREFORE, Plaintiff and Defendants stipulate and agree and respectfully request this

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Court to stay all proceedings in this action until November 12, 2012. If Plaintiff has not sought

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to dismiss this action without prejudice upon expiration of the stay on November 12, 2012, then

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Defendants shall have until November 26, 2012 within which to move to dismiss this action.

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However, nothing herein shall foreclose a party from seeking relief from the stay on a showing

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of good cause.

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///

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///

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-2Case No. C 12-cv-004757-EMC

STIPULATION AND [PROPOSED] ORDER TO
RE LIMITED STAY OF PROCEEDINGS

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Dated: October 5, 2012

BIRKA-WHITE LAW OFFICES

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By: /s/ David M. Birka-White
David M. Birka-White

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JOHN D. GREEN (State Bar No. 121498)
[e-mail]
Farella Braun & Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
Phone: [phone] / Fax: [phone]

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Attorneys for Plaintiff
Emily Williams

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Dated: October 5, 2012

SNR DENTON US LLP

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By /s/ Steven H. Frankel
Steven H. Frankel

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ROBERT F. SCOULAR (State Bar # 085293)
[e-mail]
LEANNA M. ANDERSON (State Bar # 228271)
[e-mail]
SNR DENTON US LLP
601 S. Figueroa Street, Suite 2500
Los Angeles, California 90017
Phone: [phone] / Fax: [phone]

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Attorneys for Defendants
Flushmate, a division of Sloan Valve Company and
Gerber Plumbing Fixtures, LLC

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-3Case No. C 12-cv-004757-EMC

STIPULATION AND [PROPOSED] ORDER TO
RE LIMITED STAY OF PROCEEDINGS

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[PROPOSED] ORDER
Pursuant to stipulation of the parties and for good cause shown,
IT IS SO ORDERED.

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October 9, 2012
Dated: ______________

_________________________
Edward M. Chen
United States District Judge

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-4Case No. C 12-cv-004757-EMC

STIPULATION AND [PROPOSED] ORDER TO
RE LIMITED STAY OF PROCEEDINGS