Banks et al v. Nissan North America, Inc. et al

Filing 39

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 38 Joint MOTION to Continue Case Management Conference filed by Nissan North America, Inc. Joint Case Management Statement due by 4/19/2012. Initial Case Management Conference set for 4/26/2012 02:00 PM in Courtroom 3, 3rd Floor, Oakland. Signed by Judge Phyllis J. Hamilton on 1/23/12. (nah, COURT STAFF) (Filed on 1/23/2012)

1
2
3
4
5
6
7

G. CHARLES NIERLICH, SBN 196611
[e-mail]
RACHEL A. FLIPSE, SBN 273659
[e-mail]
GIBSON, DUNN & CRUTCHER LLP
555 Mission Street, Suite 3000
San Francisco, California 94105-2933
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant,
NISSAN NORTH AMERICA, INC.

13

Clayeo C. Arnold, SBN 65070
Kirk J. Wolden, SBN 138902
Clifford L. Carter, SBN 149621
CLAYEO C. ARNOLD
A PROFESSIONAL CORPORATION
865 Howe Avenue
Sacramento, CA 95825
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

14

Attorneys for Plaintiff and the Class

15

[Additional counsel on signature page]

8
9
10
11
12

16

UNITED STATES DISTRICT COURT

17

NORTHERN DISTRICT OF CALIFORNIA

18

OAKLAND DIVISION

19
20
21
22

BRANDON BANKS and ERIN BANKS,
individually and on behalf of a class of similarly
situated consumers,

25
26
27
28

JOINT STIPULATION REQUESTING
CONTINUANCE OF CASE MANAGEMENT
CONFERENCE

Plaintiffs,

23
24

CASE NO. C 11-2022 PJH

v.

[PROPOSED] ORDER

NISSAN NORTH AMERICA, INC.; NISSAN
MOTOR CO., LTD.; NISSAN DESIGN
AMERICA, INC.,

Current Conference Date:
January 26, 2012
Requested Conference Date: April 26, 2012
Time:
2:00 p.m.
Location:
Courtroom 3
Judge:
Hon. Phyllis J. Hamilton

Defendants.

1
JOINT STIPULATION REQUESTING CONTINUANCE OF CASE MANAGEMENT
CONFERENCE AND [PROPOSED] ORDER

Case No. C 11-2022 PJH

1

Plaintiffs on the one hand, and Defendant Nissan North America (“NNA”) on the other hand,

2

by and through their undersigned counsel, jointly submit this stipulation respectfully requesting that

3

the Court continue the case management conference currently scheduled for January 26, 2012 to

4

April 26, 2012, at 2:00 p.m.:

5
6

WHEREAS, on December 19, 2011, the Court entered an order granting NNA’s motion to
dismiss, with leave to amend;

7

WHEREAS, Plaintiffs filed their second amended complaint on January 11, 2012;

8

WHEREAS, NNA’s response to the second amended complaint is due to be filed by order of

9

the Court on or before February 8, 2012;

10

WHEREAS, NNA currently expects to respond to the second amended complaint by motion;

11

WHEREAS, the parties have agreed to a hearing date of March 14, 2012 for any motion

12
13

directed to the pleadings filed by NNA;
WHEREAS, the parties believe that continuing the case management conference to a point in

14

time after resolution of any motion directed to the pleadings promotes efficiency and conserves

15

judicial resources;

16

THEREFORE, the parties jointly stipulate, and respectfully request, that the Court continue

17

the case management conference in this matter to April 26, 2012, at 2:00 p.m.

18

DATED: January 19, 2012

19

GIBSON, DUNN & CRUTCHER LLP

20

By:

/s/ G. Charles Nierlich _______________
G. Charles Nierlich

21
22
23
24
25
26
27
28

G. CHARLES NIERLICH, SBN 196611
[e-mail]
TIMOTHY W. LOOSE, SBN 241037
[e-mail]
RACHEL A. FLIPSE, SBN 273659
[e-mail]
GIBSON, DUNN & CRUTCHER LLP
555 Mission Street, Suite 3000
San Francisco, California 94105-2933
Attorneys for Defendant
Nissan North America, Inc.
2
JOINT STIPULATION REQUESTING CONTINUANCE OF CASE MANAGEMENT
CONFERENCE AND [PROPOSED] ORDER

Case No. C 11-2022 PJH

1

COUNSEL FOR PLAINTIFFS

2

By:

3
4
5
6
7
8
9
10
11
12
13
14

/s/ F. Jerome Tapley ________________
F. Jerome Tapley (pro hac vice)

Clayeo C. Arnold, SBN 65070
Kirk J. Wolden, SBN 138902
Clifford L. Carter, SBN 149621
CLAYEO C. ARNOLD
A PROFESSIONAL CORPORATION
865 Howe Avenue
Sacramento, CA 95825
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
F. Jerome Tapley (pro hac vice)
Hirlye R. “Ryan” Lutz, III (pro hac vice)
CORY WATSON CROWDER & DEGARIS, P.C.
2131 Magnolia Avenue
Birmingham, AL 35205
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiffs
Brandon and Erin Banks

15
16
17
18
19

[PROPOSED] ORDER
Based on the foregoing stipulation and request, the Court orders that the case management
conference currently set for January 26, 2012, be continued to April 26, 2012, at 2:00 p.m..

20
RT
U
O

S DISTRICT
_________________________________
TE
C
TA
The Honorable Phyllis J. Hamilton
United StatesODistrict Judge
DERED
S OR

RT

ER

25

n

Hamilto

A

H

24

Judge P

R NIA

hyllis J.

NO

23

IT IS

LI

UNIT
ED

22

FO

1/23/12
DATED:_______________________

S

21

N

F
D IS T IC T O
R

C

26
27
28

3
JOINT STIPULATION REQUESTING CONTINUANCE OF CASE MANAGEMENT
CONFERENCE AND [PROPOSED] ORDER

Case No. C 11-2022 PJH