Baranco v. Ford Motor Company et al

Filing 22

STIPULATION AND ORDER re #21 STIPULATION WITH PROPOSED ORDER re #18 Amended Complaint, #10 Case Management Scheduling Order, Joint Stipulation and Proposed Order to Continue the Case Management Conference and Extend Defendant's Time to Respond to Plaintiffs' Am filed by Ford Motor Company. Case Management Statement due by 11/14/2017. Initial Case Management Conference set for 11/21/2017 10:00 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 8/31/17. (bpfS, COURT STAFF) (Filed on 8/31/2017)

1 DYKEMA GOSSETT LLC

Tamara A. Bush (197153)

2 [e-mail]

333 South Grand Avenue, Suite 3100

3 Los Angeles, CA 90071

Telephone: [phone]
[phone]

4 Facsimile:

5 DYKEMA GOSSETT PLLC

John M. Thomas (266842,)

6 [e-mail]

2723 South State Street, Suite 400

7 Ann Arbor, MI 48104

Telephone: [phone]
[phone]

8 Facsimile:

9 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

14 DAVID BARANCO, JAMES ABBITT,

HARRIET ABRUSCATO, DONALD
15 BROWN, DANIEL CARON, ANITA
FARRELL, JOHN FURNO, JAMES
16 JENKIN, ROGER KINNUNEN, GARY
KUBBER and MALISA NICOLAU,
17 individually and on behalf of all others
similarly situated,
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Plaintiffs,
vs.
FORD MOTOR COMPANY, a

21 Delaware corporation;
22

Defendants.

Case No. 3:17-CV-03580-EMC
Assigned to Hon. Edward M. Chen,
Courtroom 5 – San Francisco
JOINT STIPULATION AND
[PROPOSED] ORDER TO
CONTINUE THE CASE
MANAGEMENT CONFERENCE
AND EXTEND DEFENDANT’S TIME
TO RESPOND TO PLAINTIFFS’
AMENDED COMPLAINT
Complaint Filed: June 21, 2017
1st Amend Complaint: August 18, 2017
Trial Date:
None

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Plaintiffs and Defendant FORD MOTOR COMPANY (“Ford”) (collectively

25 the “Parties”), by and through their respective counsel, hereby stipulate as follows:
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WHEREAS, Plaintiff David Baranco filed a putative class action complaint in

27 the Northern District of California, San Francisco Division, on June 21, 2017 (the
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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE CASE
MANAGEMENT CONFERENCE AND EXTEND DEFENDANT’S TIME TO RESPOND TO
PLAINTIFFS’ AMENDED COMPLAINT
CASE NO. 3:17-CV-03580

1 “Original Complaint”);

WHEREAS, upon stipulation of the parties, Ford’s time to respond to the

2

3 Original Complaint was extended to August 25, 2017;

WHEREAS, on July 10, 2017, the Court entered a Case Management Order

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5 setting a case management conference for September 21, 2017;

WHEREAS, on August 18, 2017, before any response to the Original

6

7 Complaint was filed, Plaintiffs filed a First Amended Class Action Complaint
8 (“Amended Complaint”), which added ten additional plaintiffs from 7 additional
9 states;
10

WHEREAS, Ford’s response to the Amended Complaint is currently due on

11 September 1, 2017;
12

WHEREAS, due to a trial in another matter for Ford’s counsel and the

13 additional number of Plaintiffs and claims asserted in the Amended Complaint, Ford
14 has requested and Plaintiffs have agreed to extend Ford’s time to respond to the
15 Amended Complaint until October 16, 2017;
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WHEREAS, the parties agree that adjourning the case management

17 conference to a date after Ford responds to the Amended Complaint is appropriate to
18 preserve judicial economy and the parties resources and to make the conference more
19 efficient and useful; and
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WHEREAS, counsel for Defendant, as the filer of this document, attests that

21 concurrence in the filing of the document has been obtained from each of the other
22 signatories.
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IT IS THEREFORE STIPULATED BETWEEN THE PARTIES THAT:

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1.

The last day for Ford to file a response to Plaintiffs’ Amended

25 Complaint in the above-entitled action shall be October 16, 2017; and
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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE CASE
MANAGEMENT CONFERENCE AND EXTEND DEFENDANT’S TIME TO RESPOND TO
PLAINTIFFS’ AMENDED COMPLAINT
CASE NO. 3:17-CV-03580

1

2.

The Case Management Conference set for September 21, 2017 shall be

2 adjourned and reset to a new date after October 16, 2017, which shall be determined
3 by the Court pursuant to its schedule.
4 Dated: August 30, 2017

DYKEMA GOSSETT LLC

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By: /s/ Tamara A. Bush
John M. Thomas
Tamara A. Bush
Attorneys for Defendant
FORD MOTOR COMPANY

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Dated: August 30, 2017

BLOOD HURST & O’REARDON LLP

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By: /s/ Timothy G. Blood
Timothy G. Blood
Leslie E. Hurst
Attorneys for Plaintiff s

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE CASE
MANAGEMENT CONFERENCE AND EXTEND DEFENDANT’S TIME TO RESPOND TO
PLAINTIFFS’ AMENDED COMPLAINT
CASE NO. 3:17-CV-03580

[PROPOSED] ORDER

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2

Having reviewed the Parties’ Joint Stipulation and [Proposed] Order

3 Concerning Time to File Response to Amended Complaint and Adjourning the Case
4 Management Conference, and for good cause appearing, IT IS HEREBY
5 ORDERED THAT:
6

1.

Defendant Ford Motor Company’s response to Plaintiffs’ Amended

7 Complaint in the above-entitled action shall be continued from September 1, 2017 to
8 October 16, 2017; and
9

2.

The Case Management Conference set for September 21, 2017 is

10:00 a.m.
November 21, 2017
10 adjourned and reset to _________________________ at 9:30 a.m. in Courtroom 5.
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By: ________________________________
ERED
O ORD D
HON. EDWARD M. CHEN
IT IS S
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UNITED FIE
S MOD STATES DISTRICT JUDGE

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14 DATED:________________

UNIT
ED

8/31/17

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12 IT IS SO ORDERED.

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE CASE
MANAGEMENT CONFERENCE AND EXTEND DEFENDANT’S TIME TO RESPOND TO
PLAINTIFFS’ AMENDED COMPLAINT
CASE NO. 3:17-CV-03580