Milano v. Interstate Battery System of America Inc et al

Filing 38

ORDER Granting 37 Stipulation to Vacate Litigation Deadlines. Signed by Judge Claudia Wilken on 4/18/2011. (ndr, COURT STAFF) (Filed on 4/18/2011)

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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]

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Attorneys for Plaintiff Deno Milano

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Robert A. Mittelstaedt (State Bar No. 60359)
[e-mail]
Craig E. Stewart (State Bar No. 129530)
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants Interstate Battery System of
America, Inc., and Interstate Battery System International, Inc.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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DENO MILANO,
Case No. C 10–02125 CW

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Plaintiff,
vs.

STIPULATION TO VACATE LITIGATION
DEADLINES AND ORDER.

INTERSTATE BATTERY SYSTEM OF
AMERICA, INC.; INTERSTATE BATTERY
SYSTEM INTERNATIONAL, INC.,

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Defendants.
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STIPULATION AND ORDER TO VACATE LITIGATION DEADLINES
CASE NO. C 10–02125 CW

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Plaintiff Deno Milano and Defendants Interstate Battery System of America, Inc., and Interstate

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Battery System International, Inc., by and through the undersigned attorneys hereby agree and stipulate

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as follows:

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WHEREAS, this Court has twice granted 30-day stays to allow the parties the opportunity to
conduct in-person settlement discussions, (Doc. Nos. 34, 36 (Feb. 15 and Mar. 9, 2011);
WHEREAS, during their most recent mediation session with the Hon. William J. Cahill (Ret.) of
JAMS, on March 31, 2011, the parties reached an agreement in principle to fully resolve this litigation;
WHEREAS, a Case Management Conference and hearing for class certification are currently
scheduled for July 14, 2011, at 2:00 p.m.; and
WHEREAS, the parties are working to memorialize the terms of their agreement in a written
settlement agreement to present to the Court with their motion for preliminary approval.
IT IS HEREBY STIPULATED AND AGREED, by and through the undersigned attorneys for
the parties, subject to the Court’s approval, that:

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1. All litigation deadlines in this case are vacated;

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2. The July 14, 2011, date for a Case Management Conference and hearing shall be kept on

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calendar; and
3. The parties will continue to work diligently to finalize their agreement and to file their
motion for preliminary approval of settlement by June 9, 2011.
IT IS SO STIPULATED.

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DATED: April 15, 2011

GIRARD GIBBS LLP

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By:

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Philip B. Obbard
David Stein
601 California Street, Suite 1400
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]

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/s/ Eric H. Gibbs

Attorneys for Plaintiff

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STIPULATION AND ORDER TO VACATE LITIGATION DEADLINES
CASE NO. C 10-02125 CW

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DATED: April 15, 2011

JONES DAY

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By:

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Craig E. Stewart

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Robert A. Mittelstaedt
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
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PURSUANT TO STIPULATION, IT IS ORDERED:

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The Court has read and considered the parties’ stipulation and orders that:

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1.

All pending litigation deadlines are vacated.

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2.

The parties shall use their best efforts to finalize the settlement agreement and to file a

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motion for preliminary approval by June 9, 2011.

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3.

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The Case Management Conference and hearing scheduled for July 14, 2011, shall remain

on calendar for a hearing on the parties’ motion for preliminary approval of settlement.

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Date:

4/18/2011
Judge Claudia Wilken
United States District Judge

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STIPULATION AND ORDER TO VACATE LITIGATION DEADLINES
CASE NO. C 10-02125 CW