Whalen v. Ford Motor Company

Filing 209

STIPULATION AND ORDER re #208 STIPULATION WITH PROPOSED ORDER Regarding Further Modification To Deadline To File Responsive Declaration Regarding Motion To Seal Class Certification Brief filed by Ford Motor Company. Signed by Judge Edward M. Chen on 2/8/16. (bpf, COURT STAFF) (Filed on 2/8/2016)

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RANDALL W. EDWARDS (S.B. #179053)
[e-mail]
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3823
Telephone:
[phone]
Facsimile:
[phone]
BRIAN C. ANDERSON (S.B. #126539)
[e-mail]
SCOTT M. HAMMACK (pro hac vice)
[e-mail]
DAVID R. DOREY (S.B. #286843)
[e-mail]
O’MELVENY & MYERS LLP
1625 Eye Street, NW
Washington, D.C. 20006-4001
Tеlephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
FORD MOTOR 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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In re:

Case No. 3:13-CV-3072-EMC

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MYFORD TOUCH CONSUMER
LITIGATION

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STIPULATION AND [PROPOSED] ORDER
REGARDING FURTHER MODIFICATION
TO DEADLINE TO FILE RESPONSIVE
DECLARATION REGARDING MOTION
TO SEAL CLASS CERTIFICATION BRIEF

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[N.D. CAL. L.R. 7-11]

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Judge:

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Hon. Edward M. Chen

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STIPULATION REGARDING
RESPONSIVE DECLARATION

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WHEREAS, Plaintiffs filed their fifty page motion for class certification and
memorandum of law in support thereof on Thursday, January 28, 2016;
WHEREAS, Plaintiffs cited numerous documents in their class certification papers that

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have been designated by Ford as Protected Documents pursuant to the protective order entered in

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this case (ECF No. 96), and made numerous assertions that are derived from such Protective

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Documents;

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WHEREAS, pursuant to the Protective Order and Local Rule 79-5, Plaintiffs filed their

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papers as partially redacted so as not to disclose the contents of the Protected Documents, and

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filed a motion to seal the redacted information;

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WHEREAS, pursuant to stipulation entered by this Court, Ford is required to file a

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responsive declaration supporting the sealing of the Protected Documents or information derived

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therefrom in Plaintiffs’ papers by February 5, 2016 (see ECF No. 207);

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WHEREAS, Plaintiffs had not yet filed their class certification papers at the time the prior
stipulation was filed;
WHEREAS, Ford has been diligently working on drafting its responsive declaration, but

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the breadth of the Protected Documents Plaintiffs cited in their papers has proven to make it

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impractical to finish the declaration by February 5, despite best efforts;

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WHEREAS, Ford requires an extension of two business days in order to complete its
responsive declaration;
WHEREAS, Local Rule 7-11 permits a party to seek miscellaneous administrative relief
pursuant to a stipulation by the parties;
WHEREAS, the deadline extension stipulated to by Ford and Plaintiffs will require no
change to the dates set for trial of the matter;
WHEREAS, execution of this Stipulation is not a waiver of any claims or defenses
Plaintiffs or Ford otherwise may have;
THEREFORE, IT IS HEREBY STIPULATED by Plaintiffs and Ford, through their
counsel of record, subject to the approval of the Court, as follows:
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The deadline for Ford to file a responsive declaration to establish that certain
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STIPULATION REGARDING
RESPONSIVE DECLARATION

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material in Plaintiffs’ class certification papers is sealable is further extended to

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February 9, 2016.

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Dated: February 4, 2016

O’MELVENY & MYERS LLP
By:

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/s/ Randall W. Edwards
Randall W. Edwards

Attorneys for Defendant Ford Motor Company

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STIPULATION REGARDING
RESPONSIVE DECLARATION

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Dated: February 4, 2016

HAGENS BERMAN SOBOL SHAPIRO
LLP
By:

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/s/ Craig Spiegel
Craig Spiegel

Steve W. Berman
Craig Spiegel
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 8th Avenue, Suite 3300
Seattle, Washington 98101
Tel: [phone]
Fax: [phone]
[e-mail]
Adam J. Levitt
GRANT & EISENHOFER P.A.
30 North LaSalle Street, Suite 1200
Chicago, Illinois 60602
Tel: [phone]
Fax: [phone]
[e-mail]
Roland Tellis (186269)
Mark Pifko (228412)
BARON & BUDD, P.C.
15910 Ventura Boulevard, Suite 1600
Encino, California 91436
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Joseph G. Sauder (pro hac vice)
Matthew D. Schelkopf (pro hac vice)
CHIMICLES & TIKELLIS LLP
One Haverford Centre
361 West Lancaster Avenue
Haverford, Pennsylvania 19041
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Plaintiffs’ Interim Co-Lead Counsel

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STIPULATION REGARDING
RESPONSIVE DECLARATION

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FILER’S ATTESTATION
Pursuant to Local Rule 5-1(i)(3), I hereby attest that the other signatory listed, on whose
behalf the filing is submitted, concurs in the filing’s content and has authorized the filing.

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Dated: February 4, 2016

Randall W. Edwards
O’MELVENY & MYERS LLP

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By:

/s/ Randall W. Edwards
Randall W. Edwards

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Attorney for Defendant Ford Motor Company

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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United States District Judge

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S DISTRICT
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Honorable Edward M. Chen

8 , 2016

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DATED: February

UNIT
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ORDER

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STIPULATION REGARDING
RESPONSIVE DECLARATION