Baranco v. Ford Motor Company et al

Filing 99

STIPULATION AND ORDER re #98 Regarding Plaintiffs' Third Amended Class Action Complaint filed by Ford Motor Company. Signed by Judge Edward M. Chen on 5/24/18. (bpfS, COURT STAFF) (Filed on 5/24/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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11 DAVID BARANCO, JAMES ABBITT,

HARRIET ABRUSCATO, DONALD
12 BROWN, DANIEL CARON, ANITA
FARRELL, JOHN FURNO, JAMES
13 JENKIN, GARY KUBBER and
MALISA NICOLAU, APRIL NICOLO,
14 individually and on behalf of all others
similarly situated,
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Plaintiffs,
vs.
FORD MOTOR COMPANY, a

18 Delaware corporation;
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Defendants.

Case No. 3:17-CV-03580-EMC
Assigned to Hon. Edward M. Chen,
Courtroom 5 – San Francisco
CLASS ACTION
STIPULATION AND [PROPOSED]
ORDER REGARDING PLAINTIFFS’
THIRD AMENDED CLASS ACTION
COMPLAINT [L.R. 6-1(A)]
Complaint Filed:
1st Amend Complaint:
2nd Amend Complaint:
Trial Date:

June 21, 2017
August 18, 2017
April 11, 2018
None

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STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS’ THIRD AMENDED
CLASS ACTION COMPLAINT [L.R. 6 1(A)]
CASE NO. 3:17-CV-03580

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

2 the “Parties”), by and through their respective counsel, hereby stipulate as follows:
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WHEREAS, Ford’s response to Plaintiffs’ Second Amended Class Action

4 Complaint is due on May 23, 2018;
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WHEREAS, Plaintiffs have informed Ford that they would like to amend their

6 complaint to add three named plaintiffs and have asked Ford whether it will consent
7 to them filing a Third Amended Class Action Complaint to add such plaintiffs;
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WHEREAS, Ford has consented to Plaintiffs’ request to file a Third Amended

9 Class Action Complaint to add three named plaintiffs;
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WHEREAS, as part of the parties’ agreement that Plaintiffs may file a Third

11 Amended Class Action Complaint to add three named plaintiffs, Plaintiffs agreed to
12 (1) allege, for all named Plaintiffs, the Vehicle Identification Number for each
13 plaintiff’s vehicle and the date each plaintiff purchased his or her vehicle; and
14 (2) waive all arguments that the filing date of the new plaintiffs relates back to the
15 date of the filing of the original complaint (i.e., the filing date of the new plaintiffs’
16 claims shall be the date the Third Amended Complaint is filed);
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WHEREAS, Plaintiffs agree to file their Third Amended Complaint by

18 May 31, 2018; and
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WHEREAS, Plaintiffs agree that Ford need not file a response to the Second

20 Amended Complaint and that its response to Plaintiffs’ Third Amended Complaint
21 shall be filed by June 21, 2018;
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WHEREAS, counsel for Defendant, as the filer of this document, attests that

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

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1.

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Plaintiffs agree to file their Third Amended Complaint by May 31, 2018;
and

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STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS’ THIRD AMENDED
CLASS ACTION COMPLAINT [L.R. 6 1(A)]
CASE NO. 3:17-CV-03580

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2.

Ford need not file a response to the Second Amended Complaint and

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that its response to Plaintiffs’ Third Amended Complaint shall be filed

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by June 21, 2018.

4 Dated: May 23, 2018

DYKEMA GOSSETT LLC

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By: /s/ Tamara A. Bush
David M. George (admitted pro hac vice)
John M. Thomas
Tamara A. Bush
Attorneys for Defendant
FORD MOTOR COMPANY

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Dated: May 23, 2018

MCCUNE WRIGHT AREVALO LLP

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By:

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/s/ Matthew D. Schelkopf
Matthew D. Schelkopf
Attorney for Plaintiffs

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Ford need not file a response to the Second Amended Complaint; and

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Ford’s response to Plaintiffs’ Third Amended Complaint shall be filed

by June 21, 2018.
IT IS SO ORDERED.

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Judg

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By: ________________________________
HON. EDWARD M. CHEN
n
M. Che
UNITED STATESdDISTRICT JUDGE
e Edwar
RT

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DERED

O OR
IT IS S

NO

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5/24/18
DATED:________________

S DISTRICT
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2.

R NIA

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Plaintiffs shall file their Third Amended Complaint by May 31, 2018;

FO

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1.

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GRANTED. The Court Orders that:

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PURSUANT TO STIPULATION OF THE PARTIES, the Stipulation is

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[PROPOSED] ORDER

UNIT
ED

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F
D IS T IC T O
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STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS’ THIRD AMENDED
CLASS ACTION COMPLAINT [L.R. 6 1(A)]
CASE NO. 3:17-CV-03580