Milano v. Interstate Battery System of America Inc et al

Filing 40

ORDER Granting 39 Stipulation TO CONTINUE CASE MANAGEMENT CONFERENCE AND HEARING DATE. Case Management Statement due by 7/21/2011. Further Case Management Conference set for 7/28/2011 02:00 PM. Motion Hearing set for 7/28/2011 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 6/7/2011. (ndr, COURT STAFF) (Filed on 6/7/2011)

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

STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE AND
HEARING DATE, AND ORDER
(LOCAL RULE 7-12)

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Defendants.
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STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND
HEARING DATE
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 granted two continuances of the Case Management Conference to allow

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the parties the opportunity to conduct in-person settlement discussions (Dkt. Nos. 34, 36 (Feb. 15 and

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Mar. 9, 2011).

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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.

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WHEREAS, the Court directed the parties to use their best efforts to finalize the settlement

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agreement and to file a motion for preliminary approval by June 9, 2011, and stated the motion for

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preliminary approval of settlement could be heard on July 14, 2011 (Dkt. No. 38, April 18).

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WHEREAS, despite diligent efforts, it is taking the parties more time than expected to complete

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the Settlement Agreement and accompanying documents. In part, this is due to the different

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components of the Settlement Agreement and the different benefits being made available to Settlement

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Class Members. In addition, the parties have been preparing the underlying documents that will be

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Exhibits to the Settlement Agreement, including CAFA Notice, Settlement Notice, Flyers for Interstate

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Batteries Authorized Warranty Dealers, Tier One Submission Forms, Tier Two Submission Forms, and

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the Affidavit of the Mediator. Defense Counsel has been working with Defendant Interstate Batteries to

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evaluate and rewrite its current warranty, parts of which are the basis for the allegations made in this

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lawsuit.

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IT IS HEREBY STIPULATED AND AGREED, by and through the undersigned attorneys for
the parties, subject to the Court’s approval, that:
1. The parties will continue to work diligently to finalize their agreement and to file their
motion for preliminary approval of settlement by July 7, 2011;
2. The motion for preliminary approval of settlement can be heard on 21 days notice, Local
Rule 7-2; and

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STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND
HEARING DATE
CASE NO. C 10-02125 CW

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3. The Case Management Conference and hearing scheduled for July 14, 2011, will be

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continued to July 28, 2011 at 2:00 pm.
IT IS SO STIPULATED.
DATED: June ___, 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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DATED: June ___, 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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The parties shall use their best efforts to finalize the settlement agreement and to file a

motion for preliminary approval by July 7, 2011.
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The motion for preliminary approval of settlement can be heard on 21 days notice, Local

Rule 7-2; and

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STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND
HEARING DATE
CASE NO. C 10-02125 CW

3.

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The Case Management Conference and hearing scheduled for July 14, 2011, will be

continued to July 28, 2011 at 2:00 pm.

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Date:

6/7/2011
Judge Claudia Wilken
United States District Judge

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STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND
HEARING DATE
CASE NO. C 10-02125 CW