Bernstein v. Virgin America, Inc.

Filing 379

STIPULATION AND ORDER re 378 STIPULATION WITH PROPOSED ORDER FOR APPROVAL OF SUPERSEDEAS BOND AND TO CONTINUE STAY OF EXECUTION AND ENFORCEMENT OF JUDGMENT PENDING APPEAL filed by Virgin America, Inc., Alaska Airlines, Inc. Signed by Judge Jon S. Tigar on March 21, 2019. (wsn, COURT STAFF) (Filed on 3/21/2019)

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1 2 3 OLIVIER SCHREIBER & CHAO LLP Monique Olivier (SBN 190385) (monique@osclegal.com) 201 Filbert Street, Suite 201 San Francisco, CA 94133 Telephone: (415) 484-0980 4 8 KOSINSKI + THIAGARAJ, LLP Alison Kosinski (SBN 261676) (alison@ktlawsf.com) Emily Thiagaraj (SBN 284634) (emily@ktlawsf.com) 201 Filbert Street, Suite 201 San Francisco, CA 94133 Telephone: (415) 230-2860 9 Attorneys for Plaintiffs and the Class 10 Additional Counsel on Signature Page 5 6 7 11 MORGAN, LEWIS & BOCKIUS LLP Robert Jon Hendricks, State Bar No. 179751 Nancy Villarreal, State Bar No. 273604 One Market, Spear Street Tower San Francisco, CA 94105-1596 Tel: +1.415.442.1000 Fax: +1.415.442.1001 E-Mail: rj.hendricks@morganlewis.com E-Mail: nancy.villarreal@morganlewis.com MORGAN, LEWIS & BOCKIUS LLP BRENDAN T. KILLEEN (admitted pro hac vice) 101 Park Avenue New York, New York 10178 Telephone: 212-309-6000 Facsimile: 212-309-6001 E-Mail: brendan.killeen@morganlewis.com Attorneys for Defendants VIRGIN AMERICA INC. and ALASKA AIRLINES, INC. 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 17 JULIA BERNSTEIN, LISA MARIE SMITH, and ESTHER GARCIA, on behalf of themselves and all others similarly situated, 18 19 20 21 22 Plaintiffs, vs. VIRGIN AMERICA INC.; ALASKA AIRLINES, INC. and Does 1-10, inclusive; Case No. 15-cv-02277-JST CLASS ACTION STIPULATION AND [PROPOSED] ORDER FOR APPROVAL OF SUPERSEDEAS BOND AND TO CONTINUE STAY OF EXECUTION AND ENFORCEMENT OF JUDGMENT PENDING APPEAL Defendants. 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER FOR APPROVAL OF SUPERSEDEAS BOND AND TO CONTINUE STAY OF EXECUTION AND ENFORCEMENT OF JUDGMENT PENDING APPEAL 1 Pursuant to Civil Local Rule 7-12, Plaintiffs Julia Bernstein, et al. (“Plaintiffs”) and 2 Defendants Virgin America, Inc. and Alaska Airlines, Inc. (“Defendants”) (collectively, the 3 “Parties”), through their counsel, hereby stipulate and agree that: 4 WHEREAS, the Court entered judgment on February 4, 2019 (Dkt. No. 367). 5 WHEREAS, on February 14, 2019 and March 14, 2019, pursuant to the Parties’ 6 stipulations (Dkt. 368, 372), the Court entered Orders for an extension of stay of execution and 7 enforcement of judgment by which any execution or enforcement of the judgment was stayed 8 until through ten (10) court days after the Court set the amount of a supersedeas bond or the Court 9 approved a stipulation submitted by the Parties resolving the amount of the supersedeas bond 10 11 12 13 (Dkt. 369, 376). WHEREAS, Defendants filed a Notice of Appeal to the United States Court of Appeals for the Ninth Circuit on March 4, 2019 (Dkt. No. 370). WHEREAS, Defendants have agreed to post a supersedeas bond in the amount of Eighty- 14 One Million Eight Hundred Thousand Dollars ($81,800,000), and Plaintiffs have agreed not to 15 oppose this amount. 16 WHEREAS, Defendants have obtained a supersedeas bond in the amount of Eighty-One 17 Million Eight Hundred Thousand Dollars ($81,800,000), which is attached hereto as Exhibit A. 18 WHEREAS, Defendants represent that they are able to satisfy the judgment. 19 WHEREAS, Defendants have made representations to Plaintiffs concerning their current 20 financial condition, and have agreed to immediately notify Plaintiffs of any material change in 21 such condition that would impact Defendants’ ability to pay the judgment. 22 WHEREAS, Defendants have agreed that, if the United States Court of Appeals for the 23 Ninth Circuit affirms the judgment, the bond attached as Exhibit A will remain in effect until at 24 least thirty days after the issuance of the mandate by the United States Court of Appeals for the 25 Ninth Circuit or the full satisfaction of any judgment in favor of Plaintiffs, whichever date is 26 earlier, and the Parties agree to continue the stay provided under Fed. R. Civ. Proc. 62(a) until 27 thirty days after issuance of the mandate by the United States Court of Appeals for the Ninth 28 Circuit. 1 STIPULATION AND [PROPOSED] ORDER FOR APPROVAL OF SUPERSEDEAS BOND AND TO CONTINUE STAY OF EXECUTION AND ENFORCEMENT OF JUDGMENT PENDING APPEAL 1 IT IS SO STIPULATED. 2 Date: March 20, 2019 3 Respectfully submitted, 4 OLIVIER SCHREIBER & CHAO LLP /s/ Monique Olivier* Monique Olivier 5 Attorneys for Plaintiffs and the Certified Class 6 7 Date: March 20, 2019 MORGAN LEWIS & BOCKIUS 8 /s/Brendan T. Killeen Brendan T. Killeen 9 10 Attorneys for Defendants 11 12 13 *I, Brendan T. Killeen, have obtained the consent of Monique Olivier to this filing, pursuant to the local rules. 14 15 16 17 18 19 20 21 22 23 24 Additional Plaintiffs’ Counsel: JAMES E. MILLER (SBN 262553) (jmiller@sfmslaw.com) SHEPHERD, FINKELMAN, MILLER AND SHAH, LLP 65 Main Street Chester, CT 06412 Telephone: (860) 526-1100 KOLIN C. TANG (SBN 279834) (ktang@sfmslaw.com) CHIHARU G. SEKINO (SBN 306589) (csekino@sfmslaw.com) SHEPHERD, FINKELMAN, MILLER AND SHAH, LLP 401 West A Street, Suite 2550 San Diego, CA 92101 Telephone: (619) 235-2416 27 JAMES C. SHAH (SBN 260435) (jshah@sfmslaw.com) SHEPHERD, FINKELMAN, MILLER AND SHAH, LLP 35 East State Street Media, PA 19063 Telephone: (610) 891-9880 28 Attorneys for Plaintiffs and the Class 25 26 2 STIPULATION AND [PROPOSED] ORDER FOR APPROVAL OF SUPERSEDEAS BOND AND TO CONTINUE STAY OF EXECUTION AND ENFORCEMENT OF JUDGMENT PENDING APPEAL [PROPOSED] ORDER 1 PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that a supersedeas bond in 2 3 4 5 the amount of Eighty-One Million Eight Hundred Thousand Dollars ($81,800,000) is approved. The Clerk of Court is hereby directed to post the bond in the amount of $81,800,000, which is attached as Exhibit A to the parties’ Stipulation. PURSUANT TO STIPULATION, IT IS FURTHER ORDERED that, if the United States 6 7 8 9 10 11 12 13 14 Court of Appeals for the Ninth Circuit affirms the judgment, the bond attached as Exhibit A will remain in effect until at least thirty days after the issuance of the mandate by the United States Court of Appeals for the Ninth Circuit or the full satisfaction of any judgment in favor of Plaintiffs, whichever date is earlier, and the stay will be continued under Fed. R. Civ. Proc. 62(a) until thirty days after issuance of the mandate by the United States Court of Appeals for the Ninth Circuit. Plaintiffs may also seek emergency relief from the stay of execution in the event of any material change in Defendants’ financial condition that reasonably implicates Defendants’ ability to pay the judgment. 15 IT IS SO ORDERED. 16 17 Dated: March 21, 2019 JON S. TIGAR UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND [PROPOSED] ORDER FOR APPROVAL OF SUPERSEDEAS BOND AND TO CONTINUE STAY OF EXECUTION AND ENFORCEMENT OF JUDGMENT PENDING APPEAL

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