Terry et al v. Beiersdorf, Inc.

Filing 30

STIPULATION AND ORDER, Case stayed. Case Management Conference set for 6/28/2012 02:30 PM. VIA TELEPHONE. Signed by Judge ARMSTRONG on 3/13/12. (lrc, COURT STAFF) (Filed on 3/14/2012)

1
2
3
4
5

Samuel R. Miller (SBN 66871)
[e-mail]
Ryan M. Sandrock (SBN 251781)
[e-mail]
SIDLEY AUSTIN LLP
555 California Street, 20th Floor
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]

10

Michael W. Davis (Pro Hac Vice)
[e-mail]
Theodore R. Scarborough (Pro Hac Vice)
[e-mail]
SIDLEY AUSTIN LLP
1 S. Dearborn Street
Chicago, IL 60603
Telephone:
[phone]
Facsimile:
[phone]

11

Michael Louis Kelly (SBN 82063)
[e-mail]
Behram V. Parekh (SBN 180361)
[e-mail]
Heather M. Peterson (SBN 261303)
[e-mail]
Amir D. Benakote (SBN 277158)
[e-mail]
KIRTLAND & PACKARD LLP
2361 Rosecrans Avenue
Fourth Floor
El Segundo, CA 90245
Telephone: [phone]
Facsimile:
[phone]

Attorneys for Defendant Beiersdorf, Inc.

6
7
8
9

Attorneys for Plaintiffs and all others
similarly situated

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

12
13
14
15

PATRICIA TERRY, MARQUINITA
TERRY, AND TAANYKA TERRY, on
behalf of themselves and all others
similarly situated,

16
17
18
19
20
21

Plaintiffs,
v.
BEIERSDORF, INC. a Delaware
Corporation, and DOES 1-10, inclusive,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. C 11-05244 - SBA

PARTIES’ JOINT STIPULATION TO
STAY CASE AND [PROPOSED] ORDER
Date/Time: March 20, 2012 at 1:00 p.m.
Complaint Filed: October 27, 2011
Trial Date: None

22
23
24
25
26
27
28
PARTIES’ JOINT STIPULATION TO STAY CASE AND [PROPOSED] ORDER
CASE NO. C 11-05244 – SBA

1

WHEREAS, on February 8, 2012, Defendant Beiersdorf, Inc. (“Beiersdorf”) filed a motion

2

for a temporary stay on the grounds that it had reached a settlement in a case pending in Cook

3

County, Illinois (Amy Joseph, et al. v. Beiersdorf North America, Inc. and Beiersdorf, Inc., No. 11

4

CH 20147) that would resolve the claims pending in this action, see Dkt. 26;

5
6
7
8
9

WHEREAS, on February 27, 2012, plaintiffs opposed Beiersdorf’s motion on the grounds
that the settlement had not received preliminary approval, see Dkt. 27;
WHEREAS, on February 9, 2012, the Court granted Beiersdorf’s motion and stayed this
action until April 26, 2012, see Dkt. 28;
WHEREAS, on March 2, 2012, the Joseph court granted preliminary approval to the

10

settlement and enjoined members of the settlement class from prosecuting or litigating claims that

11

were or could have been asserted in Joseph, see Joseph Preliminary Approval Order (Ex. A);

12

WHEREAS, in light of the preliminary approval order in Joseph, plaintiffs and defendants

13

agree that this action should be stayed until after the final approval hearing in Joseph, which is

14

scheduled for June 15, 2012;

15

The parties hereby stipulate to continue the case management conference currently set for

16

April 26, 2012 until sometime after June 15, 2012 and further stipulate to stay this action until such

17

case management conference occurs.

18

Respectfully submitted,

19

Dated: March 12, 2012

SIDLEY AUSTIN LLP

20
21

By: /s/ Samuel R. Miller
Samuel R. Miller, Esq.
Counsel for Beiersdorf, Inc.

22
23
24

Dated: March 12, 2012

KIRTLAND & PACKARD LLP

25
26
27
28

By: /s/ Behram V. Parekh
Behram V. Parekh, Esq.
Counsel for Plaintiffs and all others similarly
situated
1
PARTIES’ JOINT STIPULATION TO STAY CASE AND [PROPOSED] ORDER
CASE NO. C 11-05244 – SBA

SIGNATURE ATTESTATION

1
2

Pursuant to General Order No. 45(X)(B), I hereby attest that I have on file written permission

3

to sign this joint motion from all parties whose signatures are indicated by a conformed signature

4

(/s/) within this e-filed document.

5

Dated: March 12, 2012

6

SIDLEY AUSTIN LLP,
/s/ Samuel R. Miller
Samuel R. Miller, Esq.
Counsel for Beiersdorf, Inc.

7
8
9
10
11
12
13
14
15
16
17
18

[Proposed] Order
Pursuant to Stipulation, it is so Ordered.
IT IS FURTHER ORDERED THAT the telephonic Case Management Conference currently
scheduled for April 26, 2012 is CONTINUED to June 28, 2012 at 2:30 p.m. Prior to the date
scheduled for the conference, the parties shall meet and confer and prepare a joint Case Management
Conference Statement. Plaintiff is responsible for filing joint statement no less than seven (7) days
prior to the conference date. The joint statement shall comply with the Standing Order for All
Judges of the Northern District of California and the Standing Orders of this Court. Plaintiff is
responsible for setting up the conference call, and on the specified date and time, shall call (510)
637-3559 with all parties on the line.

19
20
21

Dated: March 13, 2012
THE HONORABLE SAUNDRA BROWN ARMSTRONG
United States District Judge

22
23
24
25
26
27
28
2
PARTIES’ JOINT STIPULATION TO STAY CASE AND [PROPOSED] ORDER
CASE NO. C 11-05244 – SBA