Garner v. State Farm Mutual Automobile Insurance Company

Filing 238

ORDER re 237 GRANTING AS MODIFIED STIPULATION REGARDING MOTION FOR CLASS CERTIFICATION. Motion will be decided on the papers.. Signed by Judge CLAUDIA WILKEN on 12/1/09. (scc, COURT STAFF) (Filed on 12/1/2009)

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SEDGWICK, DETERT, MORAN & ARNOLD LLP KEVIN J. DUNNE Bar No. 40030 LAURA L. GOODMAN Bar No. 142689 MICHELLE Y. MCISAAC Bar No. 215294 ANDREW J. KING Bar No. 253962 One Market Plaza Steuart Tower, 8th Floor San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP KATHERINE ARMSTRONG (pro hac vice) Four Times Square New York, NY 20036 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP ROBERT J. NELSON Bar No. 132797 MICHAEL W. SOBOL Bar No. 194857 ROGER HELLER Bar No. 215348 Embarcadero Center West 275 Battery Street, 30th Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] BIRKA-WHITE LAW OFFICES DAVID M. BIRKA-WHITE Bar No. 85721 411 Hartz Avenue, Suite 200 Danville, California 94526 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff ARNESHA GARNER

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ARNESHA M. GARNER, on behalf of herself and all others similarly situated, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, et al., Defendant. Arnesha Garner ("Plaintiff") and State Farm Mutual Automobile Insurance Company ("Defendant"), collectively referred to herein as the "Parties," by and through their attorneys of record, hereby stipulate as follows: CASE NO. CV 08 1365 CW (EMC) STIPULATION REGARDING MOTION FOR CLASS CERTIFICATION ORDER THEREON AS MODIFIED

-1STIPULATION RE MOTION FOR CLASS CERTIFICATION AND [PROPOSED] ORDER

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1.

On Friday October 23, 3009, the Parties participated in a mediation in this matter

before the Honorable Daniel Weinstein (Ret.) of JAMS in New York. The mediation was productive and the Parties continue to work together to reach an informal resolution of this matter. 2. Plaintiff's motion for class certification was previously scheduled to be heard by

the Court on October 29, 2009 at 2:00 p.m. 3, On October 28, 2009, the Parties jointly requested and stipulated that the hearing

on Plaintiff's motion for class certification be continued until December 3, 2009 at 2:00 p.m. in order to allow the Parties to continue the process begun during the mediation. 4. Negotiations among the Parties are continuing and significant progress has been

made. The Parties, therefore, jointly request and stipulate that the hearing be continued until January 7, 2010 at 2:00 p.m. DATED: November 30, 2009 SEDGWICK, DETERT, MORAN & ARNOLD LLP By: /s/ Laura Goodman Laura L. Goodman Attorneys for Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

DATED: November 30, 2009

BIRKA-WHITE LAW OFFICES By: /s/ David Birka-White David M. Birka-White Attorneys for Plaintiff ARNESHA GARNER

IT IS SO ORDERED, EXCEPT THE MOTION WILL BE DECIDED ON THE PAPERS. 12/1 DATED: __________, 2009 THE HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

-2STIPULATION RE MOTION FOR CLASS CERTIFICATION AND [PROPOSED] ORDER