Sharma et al v. BMW of North America LLC

Filing 187

ORDER CONTINUING JUNE 30, 2017 CASE MANAGEMENT CONFERENCE AND STAY PENDING SETTLEMENT. The stay is continued, pending the settlement approval process before Judge Forrest. The Case Management Conference is continued from June 30, 2017, to September 29, 2017. The parties shall jointly submit a Case Management Statement no later than September 22, 2017. Signed by Judge Maxine M. Chesney on June 23, 2017. (mmclc1, COURT STAFF) (Filed on 6/23/2017)

1

7

William A. Kershaw (State Bar No. 057486)
Email: [e-mail]
Stuart C. Talley (State Bar No. 180374)
Email: [e-mail]
Ian J. Barlow (State Bar No. 262213)
Email: [e-mail]
KERSHAW, COOK & TALLEY PC
401 Watt Avenue
Sacramento, California 95864
Telephone:
[phone]
Facsimile:
[phone]

8

Attorneys for Plaintiffs

2
3
4
5
6

9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12

SAN FRANCISCO DIVISION

13
14
15

MONITA SHARMA and ERIC
ANDERSON, on behalf of themselves
and all others similarly situated,

16
17
18

Plaintiffs,
v.
BMW OF NORTH AMERICA, LLC, a
Delaware Limited Liability Company,

Case No. 3:13-cv-02274-MMC (KAW)
STIPULATION AND [PROPOSED]
ORDER CONTINUING JUNE 30, 2017
CASE MANAGEMENT CONFERENCE
AND TO STAY CASE PENDING
SETTLEMENT
Honorable Maxine M. Chesney

19
20

Defendant.

21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER CONTINUING CMC AND TO STAY CASE PENDING SETTLEMENT

1

Pursuant to Northern District of California Civil Local Rule 7-12, Plaintiff Eric Anderson

2

(“Plaintiff”) and Defendant BMW of North America, LLC (“BMW NA” or “Defendant”), by and

3

through their respective attorneys, hereby stipulate as follows:

4

STIPULATION

5

WHEREAS, the parties in Catalano v. BMW of North America, LLC, et al., Case No. 1:15-

6

cv-04889, pending before Honorable Katherine B. Forrest in the United States District Court for the

7

Southern District of New York (“Catalano Action”) have entered into a settlement agreement

8

(“Settlement”) that resolves both the Catalano Action and this case (“Sharma Action”);

9

WHEREAS, on December 5, 2016, this Court entered on Order staying the Sharma Action

10

(“Order Staying Case”) (Dkt. No. 185) pursuant to the parties’ Stipulation to Stay Case Pending

11

Settlement (Dkt. No. 184);

12
13

WHEREAS, on February 28, 2017, Judge Forrest entered an Order Granting Preliminary
Approval of Class Action Settlement (Catalano Dkt. No. 129);

14

WHEREAS, notice of the proposed Settlement has been provided by U.S. Mail and

15

publication via a Settlement website to the Settlement Class, consisting of: all persons or entities in

16

the United States and Puerto Rico who currently own or lease, or previously owned or leased, a

17

model year 2004 to 2010 U.S. specification BMW 5 Series (E60 and E61) vehicle;

18

WHEREAS, the deadline for plaintiff’s counsel in the Catalano Action to move for final

19

approval of the proposed Settlement is June 28, 2017 and the hearing on plaintiff’s motion for final

20

approval is scheduled for July 28, 2017;

21
22

WHEREAS, Plaintiff’s counsel in this case also represent the plaintiff and putative class in
the Catalano Action;

23

WHEREAS, in light of the ongoing proceedings to approve the proposed Settlement

24

resolving this case and the Catalano Action, further litigation of this action would not be an

25

efficient use of the parties’ or this Court’s resources;

26

///

27

///

28

///
2
STIPULATION AND [PROPOSED] ORDER CONTINUING CMC AND TO STAY CASE PENDING SETTLEMENT

1

WHEREAS, pursuant to the Court’s Order Staying Case, in the event the proposed

2

Settlement has not yet been finally approved, the parties are required to submit a joint Case

3

Management Statement no later than June 23, 2017 in advance of the existing Case Management

4

Conference on June 30, 2017, consistent with this Court’s November 14, 2016 Order Re: Case

5

Management Conference (Dkt. No. 183); and

6
7
8
9
10

WHEREAS, the parties hereby stipulate and agree to continue the stay in this case and all
case management and related deadlines.
NOW, THEREFORE, undersigned counsel for the parties, having met and conferred and
good cause appearing, hereby stipulate and agree as follows:
1.

The above-captioned case and all case management and related deadlines should

11

continue to be stayed pending final approval of the Settlement to this action and the Catalano Action

12

and the settlement approval process before Judge Forrest; and

13

2.

The parties further agree and stipulate that the existing Case Management

14

Conference on June 30, 2017 should be continued to September 29, 2017, and that the parties will

15

jointly submit a Case Management Statement no later than September 22, 2017.

16
17

IT IS HEREBY STIPULATED.

18
19

Dated: June 22, 2017.

KERSHAW, COOK & TALLEY PC

20
21
22
23
24
25
26

By:

/s/ Ian J. Barlow
IAN J. BARLOW
William A. Kershaw
Stuart C. Talley
401 Watt Avenue
Sacramento, California 95864
Telephone: [phone]
Attorneys for Plaintiff and the putative Class

27
28
3
STIPULATION AND [PROPOSED] ORDER CONTINUING CMC AND TO STAY CASE PENDING SETTLEMENT

1

Dated: June 22, 2017.

SQUIRE PATTON BOGGS (US) LLP

2
3
By:

4
5

/s/ Aengus H. Carr
AENGUS H. CARR

7

Eric J. Knapp
275 Battery Street, Suite 2600
San Francisco, California 94111
Telephone: [phone]

8

Attorneys for Defendant

6

9
10
11

Civil L.R. 5-1(i) Certification
The filing attorney hereby certifies that concurrence in the filing of the document has been
obtained from each of the other signatories, in full accordance with Civil Local Rule 5-1(i).

12
13

[PROPOSED] ORDER

14
PURSUANT TO STIPULATION, IT IS SO ORDERED.
15
16
17

June 23, 2017
DATED: ______________________

_______________________________
______________________________
____
__ _
_
_
Honorable Maxine M. Chesney
Honorable
n ra
M
SENIOR DISTRICT JUDGE
SENIOR
NI
I
UNITED STATES DISTRICT COURT

18
19
20
21
22
23
24
25
26
27
28
4

STIPULATION AND [PROPOSED] ORDER CONTINUING CMC AND TO STAY CASE PENDING SETTLEMENT