Milano v. Interstate Battery System of America Inc et al

Filing 56

ORDER Granting 49 Stipulation to Extend Deadline. Signed by Judge Claudia Wilken on 11/2/2011. (ndr, COURT STAFF) (Filed on 11/2/2011)

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Eric H. Gibbs (State Bar No. 178658)
[e-mail]
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,

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Case No. C 10–02125 CW
Plaintiff,
vs.

STIPULATION TO EXTEND DEADLINE
AND [PROPOSED] ORDER

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

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STIPULATION AND ORDER TO EXTEND DEADLINE
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, as reported in previous filings, the parties reached an agreement in principle to

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resolve this case on a classwide basis during mediation sessions before the Honorable William J. Cahill

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(Ret.) earlier this year;

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WHEREAS, the parties are pleased to report that they agreed to a comprehensive settlement

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agreement on Wednesday, October 26, 2011, which is being circulated for signatures by the parties’

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representatives and counsel presently;

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WHEREAS, the parties have also reached agreement on the supporting settlement documents

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(such as the claim forms, CAFA notice, long- and short-form class notices, and the other class notice

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mechanisms) and are in the process of updating these documents (along with the preliminary approval

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papers) to ensure consistency with the final settlement agreement;

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WHEREAS, the Court previously set Thursday, October 27, 2011, as the deadline for the motion
for preliminary approval, with the hearing to follow three weeks later on November 17, 2011; and

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WHEREAS, the parties request an additional two court days to file the motion for preliminary

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approval and supporting documents, including the settlement agreement, and remain prepared to appear

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for the preliminary approval hearing on November 17, 2011, as scheduled, or at a later date if preferable

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to the Court.

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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:

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1.

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The deadline for filing a motion for preliminary settlement approval, currently set for
October 27, 2011, will be extended to October 31, 2011.

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2.

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The hearing on the motion for preliminary settlement approval, currently set for
November 17, 2011, at 2:00 p.m., will remain calendared for that day and time.

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//

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//

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//
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STIPULATION AND ORDER TO EXTEND DEADLINE
CASE NO. C 10-02125 CW

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3.

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The hearing on the motion for final settlement approval, currently set for February 16,
2012, at 2:00 p.m., will remain calendared for that day and time.

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IT IS SO STIPULATED.

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DATED: October 26, 2011

GIRARD GIBBS LLP

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By:

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

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/s/ Eric H. Gibbs

Interim Lead Class Counsel

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DATED: October 26, 2011

JONES DAY

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By:

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Jerome R. Doak
2727 North Harwood St.
Dallas, TX 75201-1515
Telephone: [phone]
Facsimile: [phone]

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/s/ Jerome R. Doak

Craig E. Stewart
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:

11/2/2011
Judge Claudia Wilken
United States District Judge
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STIPULATION AND ORDER TO EXTEND DEADLINE
CASE NO. C 10-02125 CW