Milano v. Interstate Battery System of America Inc et al

Filing 30

ORDER re 29 Granting STIPULATION REGARDING APPOINTMENT OF INTERIM CLASS COUNSEL UNDER FED. R. CIV. P 23(g). Signed by Judge Claudis Wilken on 9/29/2010. (ndr, COURT STAFF) (Filed on 9/29/2010)

Milano v. Interstate Battery System of America Inc et al

Doc. 30

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Eric H. Gibbs (State Bar No. 178658) [e-mail] Philip B. Obbard (State Bar No. 135372) David Stein (State Bar No. 257465) GIRARD GIBBS LLP 601 California Street, 14th Floor San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Individual and Representative Plaintiff Deno Milano

Robert A. Mittelstaedt (State Bar No. 60359) [e-mail] Craig E. Stewart (State Bar No. 129530) [e-mail] JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Interstate Battery System of America, Inc., and Interstate Battery System International, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION DENO MILANO, on behalf of himself and all others similarly situated, Plaintiff, vs. INTERSTATE BATTERY SYSTEM OF AMERICA, INC.; INTERSTATE BATTERY SYSTEM INTERNATIONAL, INC., Defendants.

Case No. CV 10­2125-CW STIPULATION REGARDING APPOINTMENT OF INTERIM CLASS COUNSEL UNDER FED. R. CIV. P 23(g), AND PROPOSED ORDER

STIPULATION REGARDING APPOINTMENT OF INTERIM CLASS COUNSEL UNDER FED. R. CIV. P 23(g), AND PROPOSED ORDER CASE NO. 10-CV-2125-CW
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Plaintiff Deno Milano ("Plaintiff") and Defendants Interstate Battery System of America, Inc. and Interstate Battery System International, Inc. (collectively "Defendants") by and through the undersigned attorneys hereby agree and stipulate as follows: Whereas Fed. R. Civ. P. 23(g)(3) states that the "court may designate interim counsel to act on behalf of a putative class before determining whether to certify the action as a class action;" Whereas counsel for Plaintiff and counsel for Defendants have established a professional working relationship that they anticipate will be conducive to effective and efficient management of this case; Whereas counsel for Plaintiff and counsel for Defendants seek to avoid any uncertainty or confusion regarding whether Plaintiff's counsel is authorized to speak for the putative class; Whereas counsel for Plaintiff seeks appointment as interim counsel because it will formally empower Girard Gibbs LLP to make the necessary decisions on behalf of the putative class; Whereas Defendants do not oppose designation at this time of Girard Gibbs LLP to serve as interim counsel to act on behalf of the putative class, while expressly reserving their right to oppose class certification or appointment of Girard Gibbs LLP as regular class counsel on any grounds, including adequacy of representation under Fed. R. Civ. P 23(a) and (g). Whereas Plaintiff submits with this stipulation the Declaration of Eric H. Gibbs to provide the court with a foundation for making the determination that Girard Gibbs LLP will adequately serve as interim counsel on behalf of the putative Class (the declaration being submitted only by Plaintiff, with Defendants reserving the right to contest the declaration's assertions at a future date); IT IS HEREBY STIPULATED AND AGREED, by and through the undersigned attorneys for the parties, subject to the Court's approval, that: Pursuant to Fed. R. Civ. P 23(g)(2), the Court may appoint the law firm of Girard Gibbs LLP as Interim Lead Class Counsel to act on behalf of the putative class in this case and in any additional actions that might be consolidated with this case. Consistent with the Manual for Complex Litigation, Fourth (2004), Federal Judicial Center, ¶¶ 10.221 and 40.22, Interim Lead Class Counsel will be generally responsible for the overall conduct of the litigation on behalf of the putative class and will have the following specific responsibilities: 1 STIPULATION REGARDING APPOINTMENT OF INTERIM CLASS COUNSEL UNDER FED. R. CIV. P 23(g), AND PROPOSED ORDER CASE NO. 10-CV-2125-CW

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1.

To determine and present (in briefs, oral argument, or such other fashion as may be

appropriate, personally or by a designee) to the court and opposing parties the position of Plaintiff and the putative class on all matters arising during pretrial proceedings; 2. To coordinate the initiation and conduct of discovery on behalf of Plaintiff and the

putative class, consistent with the requirements of Fed. R. Civ. P. 26(b)(1), 26(b)(2), and 26(g), including the preparation of joint interrogatories and requests for the production of documents and the examination of witnesses in depositions; 3. To conduct settlement negotiations on behalf of Plaintiff and the putative class and,

where appropriate, to present any proposed settlements to the Court on behalf of the putative class; 4. To delegate specific tasks to other counsel or committees of counsel, as authorized by the

Court, in a manner designed to ensure that pretrial preparation for Plaintiff and the putative class is conducted efficiently and effectively; 5. litigation; 6. To prepare and distribute status reports to any other law firms that might seek to To enter into stipulations with opposing counsel as necessary for the conduct of the

represent the putative class; 7. Counsel; 8. To monitor the activities of any other law firms that might seek to represent the putative To maintain adequate time and disbursement records covering services as Interim Lead

class to ensure that schedules are met and unnecessary expenditures of time and funds are avoided; and /// /// /// /// /// /// ///

2 STIPULATION REGARDING APPOINTMENT OF INTERIM CLASS COUNSEL UNDER FED. R. CIV. P 23(g), AND PROPOSED ORDER CASE NO. 10-CV-2125-CW

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ORDER The Court has considered the above stipulation and the related Declaration of Eric H. Gibbs. Pursuant to Fed. R. Civ. P 23(g)(2), the Court finds that the law firm of Girard Gibbs LLP will adequately represent the interests of the Class in pre-class certification proceedings and appoints Girard Gibbs LLP as Interim Lead Class Counsel to act on behalf of the putative class in this case and in any additional actions that might be consolidated with this case. The responsibilities of Girard Gibbs LLP as Interim Lead Class Counsel are as set forth in the above stipulation. This order is without prejudice to the rights of Defendants to oppose class certification or appointment of Girard Gibbs LLP as regular class counsel on any grounds, including adequacy of representation under Fed. R. Civ. P 23(a) and (g).

_______________________________ Judge Claudia Wilken

4 STIPULATION REGARDING APPOINTMENT OF INTERIM CLASS COUNSEL UNDER FED. R. CIV. P 23(g), AND PROPOSED ORDER CASE NO. 10-CV-2125-CW