Milano v. Interstate Battery System of America Inc et al

Filing 42

ORDER Granting 41 Stipulation to Continue Case Management Conference and Hearing Date. Case Management Statement due by 8/18/2011. Further Case Management Conference set for 8/25/2011 02:00 PM. Motion Hearing set for 8/25/2011 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 7/7/2011. (ndr, COURT STAFF) (Filed on 7/7/2011)

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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, the current deadline for the parties to file a motion for preliminary approval of class

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settlement has been once extended and is now set for July 7, 2011, with the corresponding hearing and

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Case Management Conference set for July 28, 2011.

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WHEREAS, the parties are using their best efforts to finalize the settlement agreement and the

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supporting exhibits (including the Class Action Fairness Act notice, settlement notice, flyers to be

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posted at Interstate Batteries’ authorized warranty dealers, and two claim forms). The parties have

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exchanged drafts of these documents and remain engaged in efforts to complete their overall

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negotiations and revisions of these documents, and to complete the necessary class notices and related

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documents.

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WHEREAS, the parties’ settlement agreement is complex because, among other things, it

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institutes major changes to the Defendants’ warranty practices, which has required defense counsel to

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hold repeated discussions with their clients while drafting the underlying documents, all of which are

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subject to negotiation between the parties. Because those changes must be carefully executed and

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ultimately incorporated into the settlement documents, the process of memorializing a final settlement

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agreement has taken longer than the parties first envisioned.

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WHEREAS, the parties are nevertheless committed to completing this process during the next
four weeks, and do not envision needing to ask the Court for future extensions.
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 the settlement agreement and exhibits,
and to file their motion for preliminary approval of settlement by July 28, 2011;
2. The motion for preliminary approval of settlement can be heard on 21 days notice, Local
Rule 7-2; and
3. The Case Management Conference and hearing scheduled for July 28, 2011, will be
continued to August 25, 2011 at 2:00 pm.
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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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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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Attorneys for Plaintiff

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/s/ Eric H. Gibbs

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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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1.

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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 28, 2011.
2.

The motion for preliminary approval of settlement can be heard on 21 days notice, Local

Rule 7-2; and
3.

The Case Management Conference and hearing scheduled for July 28, 2011, will be

continued to August 25, 2011 at 2:00 pm.

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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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Date:

7/7/2011
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