Murray v. Sears, Roebuck and Co. et al

Filing 133

ORDER Granting 132 Stipulation SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 1/18/2011. Case Management Conference set for 1/25/2011 02:00 PM. Signed by Judge Claudia Wilken on 12/20/2010. (ndr, COURT STAFF) (Filed on 12/20/2010)

Murray v. Sears, Roebuck and Co. et al

Doc. 133

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Mark Boling, State Bar No. 101589 [e-mail] 21986 Cayuga Lane Lake Forest, CA 92630 [phone] [phone] [fax] Clinton A. Krislov / Eve-Lynn Rapp (Admitted Pro Hac Vice) [e-mail] / [e-mail] KRISLOV & ASSOCIATES, LTD. 20 N. Wacker, Ste. 1350 Civic Opera House Chicago, Illinois 60606 [phone] [phone] [fax] Attorneys for Plaintiff OTHER PARTIES' COUNSEL SHOWN ON SIGNATURE PAGE

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION MARTIN MURRAY, et al. v. SEARS, ROEBUCK AND CO., et al. Case No. C-09-5744-CW Plaintiff(s), Class Action STIPULATED REQUEST FOR ORDER SETTING CASE MANAGEMENT CONFERENCE AND ORDER

Defendants. Civil Local Rule 16-10(c), (d)

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Stipulated Request For Order Setting CMC Case No. C-09-5744-CW Dockets.Justia.com

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WHEREAS, on December 7, 2009, this action was removed from California state court to this Court. WHEREAS, on May 11, 2010, this Court issued a Minute Order granting Defendants' Motion to Stay Proceedings as to discovery [Dkt. 87]. WHEREAS, on July 21, 2010, this Court granted Defendants' Motion to Strike Class Action Allegations and granted Plaintiff leave to amend his complaint [Dkt. 104]. WHEREAS, on July 28, 2010, Plaintiff filed a First Amended Complaint [Dkt. 106]. WHEREAS, on September 3, 2010, this Court denied Defendants' Motion to Strike Class Allegations from Plaintiff's First Amended Complaint, and lifted the stay on discovery allowing Plaintiff to commence discovery on his class claims [Dkt 120]. WHEREAS, on September 14, 2010, a Case Management Conference was held and thereafter an Order was issued scheduling, inter alia, the completion of class discovery by April 29, 2011 and briefing/hearing schedule for Plaintiff's anticipated Motion for Class Certification with the next Case Management Conference scheduled for July 28, 2011 at 2:00 p.m. in Courtroom 2 of the above-entitled Court [Dkt. 126]. At the CMC hearing, the Court further scheduled the designation of experts for class certification by February 18, 2011. WHEREAS, on November 2, 2010, the United States Court of Appeals for the Seventh Circuit reversed the ruling of the United States District Court for the Northern District of Illinois in Thorogood v. Sears Roebuck & Co. regarding a motion for a permanent injunction and remanded the case to the district court with instructions to issue an injunction. Thorogood v. Sears, Roebuck & Co., Case No. 10-2407 (7th Cir. Nov. 2, 2010) (Thorogood III). A true and correct copy of the appellate decision was filed by Sears in this case on November 3, 2010 [Dkt 129-1]. (Judicial Notice is also requested under FRE 201 as a judicial record.) In so doing, the Seventh Circuit effectively reversed this District Court's denial of Defendants' Motion to Strike Class Allegations in the First Amended Complaint in the Murray case. WHEREAS, on November 16, 2010, Plaintiff Thorogood filed a Petition for Rehearing (no initial hearing was held), with suggestion for rehearing en banc in Thorogood III. __________________________________________________________________________________
Stipulated Request For Order Setting CMC Case No. C-09-5744-CW

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WHEREAS, on December 2, 2010, the United States Court of Appeals for the Seventh Circuit denied Plaintiff Thorogood's Petition for Rehearing in Thorogood III. A true and correct copy of the appellate order was filed by Sears in this case on December 3, 2010 [Dkt 131-1]. (Judicial Notice is also requested under FRE 201 as a judicial record.) WHEREAS, pursuant to Civil Local Rule 16-10(c), Plaintiff hereby requests the Court to schedule a further Case Management Conference for January 25, 2011, with a Joint Case Management Conference Statement to be submitted by January 18, 2011 pursuant to Civil Local Rule 16-10(d). The purpose of such conference would be to discuss and seek the Court's guidance with respect to the status of this case in light of the ruling in Thorogood III and the injunction to be issued by the United States District Court for the Northern District of Illinois. Defendants do not object to that request. STIPULATION NOW, THEREFORE, the parties hereby stipulate, by and through their undersigned attorneys of record, to an Order of the Court that: 1. The next Case Management Conference in this action shall be held on January 25,

2011 at 2:00 p.m. in Courtroom 2 of the above-entitled Court; 2. The parties shall file a Joint Case Management Statement no fewer than 7 days before

the Case Management Conference. Dated: December 20, 2010 __/s/ Mark Boling_________ Mark Boling Attorneys for Plaintiff MARTIN MURRAY KRISLOV & ASSOCIATES, LTD. Clinton A. Krislov / Eve-Lynn Rapp (Pro Hac Vice) [e-mail] / [e-mail] 20 North Wacker Drive, Suite 1350 Chicago, Illinois 60606 Telephone: [phone] Facsimile: [phone]

LAW OFFICE OF MARK BOLING Mark Boling, State Bar No. 101589 [e-mail] 21986 Cayuga Lane Lake Forest, California 92630 Telephone: [phone] Facsimile: [phone]

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Stipulated Request For Order Setting CMC Case No. C-09-5744-CW

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Dated: December 20, 2010

__/s/ Philip M. Oliss_________ Philip M. Oliss Attorneys for Defendant SEARS, ROEBUCK AND CO. SQUIRE, SANDERS & DEMPSEY L.L.P. Philip M. Oliss (OH Bar #0066528) [e-mail] 4900 Key Tower 127 Public Square Cleveland, OH 44114 Telephone: [phone] Facsimile: [phone]

SQUIRE, SANDERS & DEMPSEY L.L.P. Mark C. Dosker (CA Bar # 114789) / Julie E. Schwartz (CA Bar #260624) [e-mail] / [e-mail] 275 Battery Street, Suite 2600 San Francisco, California 94111 Telephone: [phone] Facsimile: [phone]

Dated: December 20, 2010

__/s/ Mark S. Mester_________ Mark S. Mester Attorneys for Defendant ELECTROLUX HOME PRODUCTS, INC. LATHAM & WATKINS LLP Mark S. Mester / Livia M. Kiser (Pro Hac Vice) [e-mail] / [e-mail] 233 South Wacker Drive, Suite 5800 Chicago, Illinois 60606 Telephone: [phone] Facsimile: [phone]

LATHAM & WATKINS LLP Darius Ogloza / Heather Thompson [e-mail] / [e-mail] 505 Montgomery Street, Suite 2000 San Francisco, California 94111-6538 Telephone: [phone] Facsimile: [phone]

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: 12/20/2010 _____________________________________ United States District Judge

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Stipulated Request For Order Setting CMC Case No. C-09-5744-CW

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