Milano v. Interstate Battery System of America Inc et al

Filing 66

ORDER Granting 65 STIPULATION SETTING DATE AND JOINT STATUS REPORT. Motions due by 2/8/2012. Motion Hearing set for 3/8/2012 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 1/30/2012. (ndr, COURT STAFF) (Filed on 1/30/2012)

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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
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,
Plaintiff,
vs.

Case No. C 10–02125 CW
JOINT STATUS REPORT, STIPULATION,
AND [PROPOSED] ORDER SETTING
DATES

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

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JOINT STATUS REPORT, STIPULATION, AND ORDER TO SET DATES
CASE NO. C 10–02125 CW

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JOINT STATUS REPORT
By stipulation dated December 21, 2011, (Doc. #63), the parties informed the Court that new

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developments led the parties to reconsider the class action settlement agreement that the Court

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preliminarily approved on December 1, 2011. (Doc. #62.) The Court entered an Order extending all

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existing deadlines by 60 days and ordering this Joint Status Report. (Doc. #63.)

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Since that time, the parties have worked together to agree on an new approach to this class action

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settlement. The parties are in the final stage of reducing the terms of this new approach to writing in the

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Amended Settlement Agreement; the parties recognize that the new settlement approach will need to be

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preliminarily approved by the Court.

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While the new approach is substantially similar to the original settlement agreement previously

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approved by this Court, it does have some new aspects, including a broader class definition that provides

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the settlement benefits to more Interstate Batteries’ customers over a longer period of time.

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The parties propose that the Court set a deadline of February 8, 2012, for the filing of the

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Amended Settlement Agreement and renewed motion for preliminary approval. The parties further

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propose that a hearing on that motion be scheduled for February 23, 2012, or such later date and time as

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is convenient for the Court.

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STIPULATION

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

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Plaintiff Deno Milano and Defendants Interstate Battery System of America, Inc., and Interstate Battery

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System International, Inc., subject to the Court’s approval, that:

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1.

All deadlines currently in place shall be terminated.

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2.

The fairness hearing currently scheduled for March 8, 2012, shall be taken off calendar.

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3.

Plaintiff shall file the Amended Settlement Agreement and the preliminary approval
papers no later than February 8, 2012.

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4.

A hearing on the renewed motion for preliminary approval shall be set for February 23,
2012, at 2:00 p.m.

IT IS SO STIPULATED.

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JOINT STATUS REPORT, STIPULATION, AND ORDER SETTING DATES
CASE NO. C 10-02125 CW

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DATED: January 27, 2012

GIRARD GIBBS LLP

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By:

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Eric H. Gibbs
David Stein
601 California Street, Suite 1400
San Francisco, California 94104
Telephone: [phone] /
Facsimile: [phone]

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Class Counsel

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/s/Eric H. Gibbs

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DATED: January 27, 2012

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 Doak

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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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The hearing on the renewed motion

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PURSUANT TO STIPULATION, IT IS ORDERED.

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for preliminary approval shall be set for March 8, 2012, at 2:00 p.m.

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Date:

1/30/2012
Judge Claudia Wilken
United States District Judge

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JOINT STATUS REPORT, STIPULATION, AND ORDER SETTING DATES
CASE NO. C 10-02125 CW