Michael Edenborough v. ADT, LLC

Filing 90

STIPULATION AND ORDER re 89 STIPULATION WITH [PROPOSED] ORDER re: Stay of Proceedings filed by Michael Edenborough. Signed by Judge Jon S. Tigar on February 27, 2017. (wsn, COURT STAFF) (Filed on 2/27/2017)

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CHAVEZ & GERTLER LLP
Mark A. Chavez (CA Bar No. 90858)
Nance F. Becker (CA Bar No. 99292)
42 Miller Avenue
Mill Valley, California 94941
Tel: [phone]
Fax: [phone]

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Additional plaintiff counsel listed on signature page

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Attorneys for Plaintiff Michael Edenborough and
the Proposed Class

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SHOOK HARDY & BACON
Randall D. Haimovici (CA Bar No. 213635)
Katherine A. Wolf (CA Bar No. 267763)
One Montgomery St., Suite 2700
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]

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BARTLIT BECK HERMAN PALENCHAR & SCOTT LLP
Mark L. Levine (pro hac vice)
Rebecca Weinstein Bacon (pro hac vice)
Daniel R. McElroy (pro hac vice)
54 West Hubbard Street, Suite 300
Chicago, IL 60654
Tel. [phone]
Fax: [phone]

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Attorneys for Defendant ADT LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL EDENBOROUGH, individually
and on behalf of all others similarly situated,

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Plaintiff,
vs.
ADT, LLC d/b/a ADT SECURITY
SERVICES, INC. a Florida limited liability
company,
Defendant.

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Case No: 16-2233 JST
CLASS ACTION
[PROPOSED] ORDER RE: STAY OF
PROCEEDINGS
Judge:
Ctrm:

Hon. Jon S. Tigar
9 – 19th Floor

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[PROPOSED] ORDER RE STAY OF PROCEEDINGS

Case No. 16-2233 JST

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The Court has considered the parties’ Stipulation Re: Stay of Proceedings and understands

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that a Settlement Agreement has been signed that would settle all claims asserted herein as part of

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a national class settlement in Dale Baker v. The ADT Corporation and ADT, LLC d/b/a ADT

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Security Services, Case No. 15-cv-02038-CSB-DGB (U.S.D.C. C.D. Illinois) (the “Baker Action).

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Good cause appearing, the Court hereby approves the Stipulation and orders as follows:

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1.

This Action and all proceedings herein are stayed pending the approval of the

proposed national class settlement in the Baker Action.
2.

The hearing date for Plaintiff’s pending motion for class certification, the due date

for Plaintiff to file his Reply Brief in support of that motion, and all other dates previously set in
this Action are hereby vacated.
3.

In accordance with the terms of the Settlement Agreement, in the event the Court

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in the Baker Action does not finally approve the Settlement Agreement or judgment in that case is

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not entered, any and all rights of the parties existing prior to the execution of the Settlement

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Agreement, including but not limited to Plaintiffs’ right to seek and ADT’s right to oppose class

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certification, shall be preserved, and this Action shall proceed in all respects as if the Settlement

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Agreement had not been entered.

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4.

The parties will submit a report to the Court regarding the status of the Baker

proceedings on July 31, 2017.

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Dated: February 27, 2017

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________________________________
Hon. Jon S. Tigar
U.S. District Court Judge

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Additional Counsel for Plaintiff:
BONNETT, FAIRBOURN, FRIEDMAN & BALINT P.C.
Andrew Friedman (pro hac vice)
Francis J. Balint, Jr. (pro hac vice)
2325 E/ Camelback Rd., Suite 300
Phoenix, AZ 85016
Tel: [phone]
Fax: [phone]
([e-mail])
([e-mail])
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[PROPOSED] ORDER RE STAY OF PROCEEDINGS

Case No. 16-2233 JST

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ZIMMERMAN LAW OFFICES, P.C.
Tom Zimmerman (pro hac vice)
77 West Washington Street
Suite 1220
Chicago, Illinois 60602
Tel: [phone]
([e-mail])

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[PROPOSED] ORDER RE STAY OF PROCEEDINGS

Case No. 16-2233 JST