Ferrari, et al v. Autobahn, Inc. et al

Filing 129

STIPULATION AND ORDER STAYING PROCEEEDINGS TO PERMIT FURTHER MEDIATION [*AS MODIFIED BY THE COURT*]. Action stayed through 4/30/18. The 3/26/18 Case management conference is VACATED. Compliance hearing set 4/27/18 at 9:01AM.. Signed by Judge Yvonne Gonzalez Rogers on 2/26/18. (fs, COURT STAFF) (Filed on 2/26/2018)

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Herman Franck, Esq. (SB #123476)
Elizabeth Betowski, Esq. (SB #245772)
FRANCK & ASSOCIATES
910 Florin Road, Suite 212
Sacramento, CA 95831
Tel. [phone]
Fax [phone]

Bruce Nye, Esq. (SBN 77608)
Monica J. Baumann, Esq. (SBN 269514)
Jade F. Jurdi, Esq. (SBN 273401)
SCALI RASMUSSEN
1901 Harrison Street, 14th Floor
Oakland, California 94612
Phone No.: [phone]
Fax No.: [phone]
[e-mail]
[e-mail]
[e-mail]

Janet Varnell, Esq.
Brian Warwick, Esq.
David Lietz, Esq.
Varnell & Warwick, P.A
Complex Consumer Litigation
P.O. Box 1870
Lady Lake, FL 32158
Telephone: [phone];
Fax: [phone]
[e-mail]
ivarnellavarnellandwarwiek.com

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Attorneys for Plaintiffs
Steve Ferrari, Mike Keynejad et al.

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Daniel F. Katz (pro hac vice)
F. Greg Bowman (pro hac vice)
Juli Ann Lund (pro hac vice)
Mary Beth Hickcox-Howard (pro hac vice)
WILLIAMS & CONNOLLY LLP
725 12th St. NW
Washington, DC 20001
Phone No.: [phone]
Fax No.: [phone]
[e-mail]
[e-mail]
[e-mail]

Regina M. Rodriguez (pro hac vice)
HOGAN LOVELLS US LLP
4085 Campbell Avenue, Suite 100
Menlo Park, CA 94025
Tel: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Defendants
AUTOBAHN, INC. and SONIC
AUTOMOTIVE, INC

Attorneys for Defendant
Mercedes-Benz USA, LLC

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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STEVE FERRARI, et al.,

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v.

Plaintiffs,

AUTOBAHN, INC. DBA AUTOBAHN
MOTORS; MERCEDES-BENZ USA, LLC;
AND SONIC AUTOMOTIVE, INC.
Defendants.

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Case No. 4:17-CV-00018-YGR
ORDER GRANTING
STIPULATION AND [PROPOSED]
ORDER STAYING PROCEEDINGS TO
PERMIT FURTHER MEDIATION
AS MODIFIED BY THE COURT
The Honorable Yvonne Gonzalez Rogers

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Stipulation Staying Proceedings
Case No. 4:17-CV-00018-YGR

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WHEREAS, Plaintiffs in the above-named action have filed suit against Defendants

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Autobahn, Inc., Sonic Automotive, Inc. (collectively, “the Autobahn Defendants”), and

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Mercedes-Benz USA, LLC (“MBUSA”);

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WHEREAS, Plaintiffs filed their Third Amended Complaint on February 6, 2018;

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WHEREAS, Defendants’ deadline to respond to the Third Amended Complaint is

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February 27, 2018;
WHEREAS, on November 8, 2017, the parties participated in a mediation session with
retired Judge Raul Ramirez of ADR Services, Inc.;
WHEREAS, Plaintiffs and the Autobahn Defendants have engaged in further settlement
discussions subsequent to the November mediation session;
WHEREAS, Plaintiffs and the Autobahn Defendants believe that negotiations have
progressed to a point where a further mediation session with Judge Ramirez will be productive;

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WHEREAS, Plaintiffs and the Autobahn Defendants have agreed upon a framework for

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further discussions in a second mediation session before Judge Ramirez that would address all

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claims against the Autobahn Defendants as well as potentially narrow the scope of the claims

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remaining against MBUSA;

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WHEREAS, Plaintiffs and the Autobahn Defendants have agreed to schedule a further

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mediation session with Judge Ramirez in Sacramento on March 9, 2018, which is the first

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available date on Judge Ramirez’s calendar;

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WHEREAS, in light of the above, the parties agree and respectfully request that all non-

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settlement related proceedings, including the deadline for Defendants to respond to the Third

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Amended Complaint, should be stayed pending the conclusion of the further mediation, to permit

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the parties to focus their efforts on seeking to resolve and/or narrow the claims in this action.

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NOW THEREFORE, ALL PARTIES, BY AND THROUGH THEIR UNDERSIGNED
COUNSEL hereby stipulate and respectfully request that:
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All non-settlement proceedings, including the deadline for Defendants to respond
to the Third Amended Complaint, shall be stayed until further Order of the Court.

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Stipulation Staying Proceedings
Case No. 4:17-CV-00018-YGR

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2.

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The Case Management Conference set for March 26, 2019 shall be taken off
calendar.

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The parties shall submit a status report to the Court on the earlier of: April 9, 2018

or five days after agreeing on resolution of some or all of the claims in the case.
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Any party wishing to lift the stay of proceedings may file a request with the Court

seeking such relief.

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IT IS SO STIPULATED.

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Dated: February 21, 2018

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By: /s/ Regina M. Rodriguez
REGINA M. RODRIGUEZ
Attorneys for Defendants
Mercedes-Benz USA, LLC

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Dated: February 21, 2018

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VARNELL & WARWICK, P.A.
By: /s/ David Lietz
DAVID LIETZ
Attorneys for Plaintiffs
STEVE FERRARI
MICHAEL KEYNEJAD, ET AL.

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HOGAN LOVELLS US LLP

Dated: February 21, 2018

WILLIAMS & CONNOLLY LLP
By: /s/ F. Greg Bowman
F. GREG BOWMAN
Attorneys for Defendants
AUTOBAHN, INC. and SONIC AUTOMOTIVE
INC.

ORDER
Pursuant to stipulation, this action is stayed through April 30, 2018. The March 26, 2018 case
management conference is VACATED. A compliance hearing regarding the status of settlement is
set for April 27, 2018, on the Court's 9:01 a.m. calendar. The parties shall file a joint statement
regarding the status of their negotiations no later than April 20, 2018.
IT IS SO ORDERED.
Date: February 26 2018
___________,
YVONNE GONZALEZ ROGERS
United States District Judge

H OGAN L OVELLS US
LLP
ATTORNEYS AT LAW

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Case No. 4:17-CV-00018-YGR