Milano v. Interstate Battery System of America Inc et al

Filing 44

ORDER Granting 43 Stipulation to Take Motion Off Calendar. Signed by Judge Claudia Wilken on 8/12/2011. (ndr, COURT STAFF) (Filed on 8/12/2011)

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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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Interim Lead Class Counsel

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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 TAKE MOTION OFF
CALENDAR, AND [PROPOSED] ORDER
(LOCAL RULE 7-12)

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Defendants.
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STIPULATION TO TAKE MOTION OFF CALENDAR AND ORDER
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 parties have been working for several months to finally resolve this case on a

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classwide basis, including an initial settlement discussion in February 2011, and a series of mediation

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sessions with the Hon. William J. Cahill (Ret.) of JAMS;

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WHEREAS, this settlement contemplates comprehensive injunctive relief, which includes

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several different component parts, and the process for negotiating and memorializing the various parts of

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the settlement agreement has therefore required lengthy negotiations, many drafts and revisions to the

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settlement agreement, and several consultations between defense counsel and the Defendants;
WHEREAS, recently, through the course of drafting the settlement agreement, the parties
identified some additional issues that have required thought and additional negotiation;
WHEREAS, having discussed and resolved most of these issues, the parties have begun drafting
additional provisions in the settlement agreement to address these new issues;
WHEREAS, the Further Case Management Conference, originally scheduled for July 14, 2011,
has been rescheduled for August 25, 2011;

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WHEREAS, also on calendar for August 25, 2011, is a hearing on the parties’ motion for

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preliminary approval of classwide settlement, with the deadline for filing that motion falling on August

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4, 2011;

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WHEREAS, the parties anticipate that they will have a final settlement agreement, with

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accompanying exhibits, completed and executed by the end of August, and are hopeful it will be

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completed by the August 25, 2011, hearing;

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WHEREAS, the parties wish to appear as scheduled on August 25, 2011, to provide the Court

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with a report on the status and nature of the proposed settlement, at which time a schedule can be set for

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all remaining needed deadlines including for the preliminary approval motion; and

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WHEREAS, alternatively, if the Court desires, the parties will appear for a status conference on

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an earlier date, such as August 9, 2011, or another day that is available to the Court, to provide

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information about their ongoing efforts.
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STIPULATION TO TAKE MOTION OFF CALENDAR AND ORDER
CASE NO. C 10-02125 CW

IT IS HEREBY STIPULATED AND AGREED, by and through the undersigned attorneys for

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the parties, subject to the Court’s approval, that:

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1.

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The parties shall appear as scheduled on August 25, 2011, at a Further Case Management
Conference;

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2.

The parties shall file a joint status report no later than August 19, 2011; and

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3.

The parties’ motion for preliminary approval shall be taken off calendar, to be re-set at or

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following the Further Case Management Conference.
IT IS SO STIPULATED.

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DATED: August 1, 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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Interim Lead Class Counsel

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DATED: August 1, 2011

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/s/ Eric H. Gibbs

JONES DAY
By:

/s/ 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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Date:

8/12/2011
Judge Claudia Wilken
United States District Judge
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STIPULATION TO TAKE MOTION OFF CALENDAR AND ORDER
CASE NO. C 10-02125 CW