Milano v. Interstate Battery System of America Inc et al

Filing 64

ORDER Granting 63 Stipulation to Extend Deadlines. Signed by Judge Claudia Wilken on 12/22/2011. (ndr, COURT STAFF) (Filed on 12/22/2011)

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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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Class Counsel
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Robert A. Mittelstaedt (State Bar No. 60359)
[e-mail]
Craig E. Stewart (State Bar No. 129530)
Jerome R. Doak (admitted pro hac vice)
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 EXTEND DEADLINES
AND [PROPOSED] 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 EXTEND 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, the Court granted preliminary approval of the parties’ Settlement Agreement on
December 1, 2011 (Doc. #62);

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WHEREAS, the Settlement Agreement contemplates injunctive relief, requiring significant
changes to the Defendants’ business practices;

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WHEREAS, Defendants notified Class Counsel on Thursday, December 16, 2011, of new events
that have called into question Defendants’ ability to satisfy a portion of the Settlement Agreement;

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WHEREAS, the parties are evaluating this new development, and are working together to

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determine as soon as practicable whether and how the Settlement Agreement might be modified and

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how the settlement approval process should proceed;

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WHEREAS, the parties respectfully request that all deadlines imposed in the Settlement
Agreement and the Court’s preliminary approval order be extended by 60 days; and

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WHEREAS, should the Court desire, the parties will appear in person or by telephone for a
status conference to discuss their efforts.

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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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All deadlines set in the Settlement Agreement and the Court’s preliminary approval order
are extended by 60 days.

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

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2.

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The parties shall provide the Court with a further status report no later than January 27,
2012.

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IT IS SO STIPULATED.

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DATED: December 21, 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

Class Counsel

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DATED: December 21, 2011

JONES DAY

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By:

/s/ Jerome R. Doak

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

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Robert A. Mittelstaedt
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:

12/22/2011

Judge Claudia Wilken
United States District Judge
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STIPULATION AND ORDER TO EXTEND DEADLINES
CASE NO. C 10-02125 CW