Allagas et al v. BP Solar International, Inc. et al

Filing 163

ORDER GRANTUNG 162 STIPULATION WITH PROPOSED ORDER Regarding Settlement filed by Home Depot U.S.A., Inc., BP Solar International, Inc., MOTIONS WITHDRAWN 158 MOTION to Strike Opinions of Plaintiffs' Experts Regardin g Design Defect, Causation, and Failure Rate filed by Home Depot U.S.A., Inc., BP Solar International, Inc., 156 Administrative Motion to File Under Seal filed by Home Depot U.S.A., Inc., BP Solar International, Inc., 148 MOTION to Certify Class Pursuant to FRCP 23 filed by Brett Mohrman, Michael Allagas, Arthur Ray.. Signed by Judge Susan Illston on 3/4/16. (tfS, COURT STAFF) (Filed on 3/4/2016)

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ARNOLD & PORTER LLP
Matthew T. Heartney (SBN 123516)
[e-mail]
Alex Beroukhim (SBN 220722)
[e-mail]
777 South Figueroa Street, Forty-Fourth Floor
Los Angeles, California 90017-5844
Telephone:
213.243.4000
Facsimile:
213.243.4199
Attorneys for Defendants BP Solar International, Inc.
and Home Depot U.S.A., Inc.
Richard M. Heimann (CA 063607)
[e-mail]
Robert J. Nelson (CA 132797)
[e-mail]
Nimish R. Desai (CA 244953)
[e-mail]
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: [phone]
Facsimile: [phone]
David M. Birka-White (CA 85721)
[e-mail]
Mindy M. Wong (CA 267820)
[e-mail]
BIRKA-WHITE LAW OFFICES
65 Oak Court
Danville, CA 94526
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs’ and the Proposed Class

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
MICHAEL ALLAGAS, ARTHUR RAY and
Case No.: 3:14-cv-00560-SI (EDL)
BRETT MOHRMAN, on behalf of themselves
and all others similarly situated,
STIPULATION AND [PROPOSED]
ORDER REGARDING SETTLEMENT
Plaintiffs,
v.
BP SOLAR INTERNATIONAL, INC., HOME
DEPOT U.S.A., INC. and DOES 1 -10,
inclusive,
Defendants.

35814315v1

STIPULATION AND [PROPOSED] ORDER REGARDING SETTLEMENT
CASE NO. 3:14-cv-00560-SI (EDL)

STIPULATION

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WHEREAS, on March 1, 2016, the parties entered into a Memorandum of Understanding

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relating to the resolution of all claims in this action that will form the basis for a settlement

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agreement that the parties will submit for Court approval as soon as possible;

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WHEREAS, plaintiffs’ motion for class certification and defendants’ motion to strike
experts are set for hearing on March 25, 2016;

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WHEREAS, the parties agree that there is good cause to vacate, without prejudice, the

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hearings on the motion for class certification and motion to strike experts, and all other future dates,

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so that they can finalize a definitive settlement agreement and avoid potentially needless

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expenditure of Court resources;
WHEREAS, the parties agree to update the Court regarding the status of resolution in forty
five (45) days (i.e., on or before April 18, 2016 (the 45th day falls on a Saturday));
IT IS HEREBY STIPULATED AND AGREED, by and between the parties hereto, that the

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March 25, 2016 hearings on the motion for class certification and motion to strike experts and all

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future dates, will be vacated, without prejudice, and that the parties will update the Court on the

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status of resolution by April 18, 2016.

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I hereby attest that I have on file all holograph signatures for any signatures indicated by a

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“conformed” signature (/s/) within this e-filed document.

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Dated: March 2, 2016.

By: /s/ E. Alex Beroukhim
E/ Alex Beroukhim
Attorneys for Defendants BP Solar International,
Inc. and Home Depot U.S.A., Inc.

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ARNOLD & PORTER LLP

Dated: March 2, 2016.

LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
By: /s/ Robert J. Nelson
Robert J. Nelson
Attorneys for Plaintiffs and the Proposed Class

PURSUANT TO STIPULATION, IT IS SO ORDERED.
Motions are withdrawn without prejudice to
refiling
3/4/16
Dated: ___________________

Honorable Susan Illston
U.S. DISTRICT COURT JUDGE

-1STIPULATION AND [PROPOSED] ORDER REGARDING SETTLEMENT
CASE NO. 3:14-cv-00560-SI (EDL)