Falk et al v. Nissan North America, Inc.

Filing 61

ORDER by Judge Haywood S. Gilliam, Jr. Granting 60 Joint Stipulation to Permit Amendment of Complaint to Add Plaintiff. (ndrS, COURT STAFF) (Filed on 4/17/2018)

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MICHAEL J. STORTZ (SBN 139386)
[e-mail]
DRINKER BIDDLE & REATH LLP
50 Fremont Street, 20th Floor
San Francisco, California 94105-2235
Telephone: [phone]
Facsimile:
415-591-7510
MARSHALL L. BAKER (SBN 300987)
[e-mail]
DRINKER BIDDLE & REATH LLP
1800 Century Park East, Suite 1500
Los Angeles, California 90067-1517
Telephone: [phone]
Facsimile:
310-229-1285
E. PAUL CAULEY, JR. (pro hac vice)
[e-mail]
DRINKER BIDDLE & REATH LLP
1717 Main Street, Suite 5400
Dallas, Texas 75201-7367
Telephone: [phone]
Facsimile:
469-327-0860
Attorneys for Defendant
NISSAN NORTH AMERICA, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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MICHELLE FALK, INDHU JAYAVELU,
PATRICIA L. CRUZ, DANIELLE TROTTER,
CYNTHIA GARRISON, AND AMANDA
MACRI, individually and on behalf of all
others similarly situated,

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Plaintiffs,

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Case No. 4:17-cv-04871-HSG
JOINT STIPULATION TO PERMIT
AMENDMENT OF COMPLAINT TO
ADD PLAINTIFF; ORDER;
DECLARATION OF MICHAEL J.
STORTZ

v.
NISSAN NORTH AMERICA, INC.,
Defendant.

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DRINKER BIDDLE &
REATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO

JOINT STIPULATION

CASE NO. 4:17-CV-04871-HSG

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Defendant Nissan North America, Inc. (“NNA”), Plaintiffs Michelle Falk, Indhu Jayavelu,

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Patricia L. Cruz, Danielle Trotter, Amanda Macri, and Cynthia Garrison (“Plaintiffs”), and Waldo

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Leyva (“Leyva”), by and through their respective undersigned counsel of record, hereby stipulate

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to and agree as follows:

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WHEREAS, after filing this action on August 22, 2017, Plaintiffs filed their First
Amended Complaint (“FAC”) on September 27, 2017 (D.E. 19);

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WHEREAS, Plaintiffs seek to represent a proposed class of “[a]ll persons who purchased

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and/or leased in the United States a model year 2013-2017 Nissan Sentra equipped with a

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[continuously variable transmission],” and subclasses of persons who purchased and/or leased

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such vehicles in California, Ohio, New York, Colorado, Massachusetts, and Illinois (FAC, ¶¶

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112-113);

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WHEREAS, NNA moved to dismiss Plaintiffs’ FAC on October 26, 2017 (D.E. 35);

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WHEREAS, following hearing on January 11, 2018, the Court has taken NNA’s motion

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under submission (D.E. 55);
WHEREAS, the Court issued a Scheduling Order on January 12, 2018 (D.E. 56), which
set a deadline of March 16, 2018 for further amendment of the Complaint in this action;

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WHEREAS Leyva filed on September 11, 2017 a civil action in the United States District

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Court for the Central District of California, under caption Leyva v. Nissan North America, Inc.,

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Case No. 5:17-cv-01870 FMO (“Leyva Action”);

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WHEREAS, in his First Amended Class Action Complaint filed on December 18, 2017,

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Leyva seeks to represent a proposed class of “[a]ll individuals in the United States who purchased

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or leased any 2012-2017 Nissan Sentra equipped with an Xtronic CVT” and one or more

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subclasses;

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DRINKER BIDDLE &
REATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO

WHEREAS, NNA moved to dismiss Leyva’s First Amended Class Action Complaint on
January 12, 2018, and the motion remains pending;
WHEREAS, the putative class and one or more subclasses alleged in the Leyva Action
overlap with the alleged class and/or subclasses alleged in this action; and
WHEREAS, the Falk Plaintiffs, Leyva, and NNA desire to avoid the expense of
JOINT STIPULATION

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CASE NO. 4:17-CV-04871-HSG

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duplicative discovery, and the potential waste of judicial resources;

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THEREFORE, it is hereby stipulated to and agreed as follows:

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1.

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prejudice.

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2.

On or before April 19, 2018, Leyva will dismiss the Leyva Action without

Upon dismissal of the Leyva Action, counsel for Leyva may file a notice of

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appearance in the Falk action. Leyva shall be permitted to join this action as an additional named

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Plaintiff via amended complaint after the Court has ruled on the pending motion to dismiss. If

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Plaintiffs determine to file an amended Complaint that is limited solely to adding Leyva as an

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additional named Plaintiff, then Defendant will not oppose such amendment.

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3.

Leyva may not assert any claim for relief or cause of action not asserted by the

Plaintiffs in their FAC in this action.

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4.

Leyva shall be bound by this Court’s ruling on NNA’s pending motion to dismiss

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in this action and may not assert any claim for relief or cause of action dismissed without leave to

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amend.

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5.

The applicable limitations period for Leyva’s claims shall be tolled for the period

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from the date of the filing of the dismissal of the Leyva Action until the date that Leyva is added

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to this action.

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6.

The deadline to amend the Complaint in this action shall be continued to and

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including fourteen (14) days following the Court’s ruling on NNA’s pending motion to dismiss,

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or any other date that the Court may set in its ruling.

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DRINKER BIDDLE &
REATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO

JOINT STIPULATION

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CASE NO. 4:17-CV-04871-HSG

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Dated: April 17, 2018

DRINKER BIDDLE & REATH LLP

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By: /s/ Michael J. Stortz
Michael J. Stortz
Marshall L. Baker
E. Paul Cauley, Jr. (pro hac vice)

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Attorneys for Defendant
NISSAN NORTH AMERICA, INC.

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Dated: April 17, 2018

WHITFIELD BRYSON & MASON LLP

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By: /s/ Gary Mason
Gary Mason (pro hac vice)

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Attorneys for Plaintiffs

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Dated: April 17, 2018

CAPSTONE LAW APC

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By: /s/ Jordan L. Lurie
Jordan L. Lurie

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Attorney for Waldo Leyva

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Attestation Pursuant to Civil Local Rule 5-1(i)
Pursuant to Civil Local Rule 5-1(i), I, Michael J. Stortz, hereby attest that I have obtained
concurrence in the filing of this document from the other signatories to this document.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed this 17th day of April, 2018 in San Francisco, California.

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By: /s/ Michael J. Stortz
Michael J. Stortz

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DRINKER BIDDLE &
REATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO

JOINT STIPULATION

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CASE NO. 4:17-CV-04871-HSG

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ORD
DER
PURSUANT TO STIPULAT
TION, IT IS SO ORDE
S
ERED.

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Da
ate: April 17, 2018
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H
Hon. Haywo S. Gilliam Jr.
ood
m,
U
UNITED ST
TATES DIST
TRICT JUDGE

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DRINKER BI
IDDLE &
REATH LLP
ATTORNEYS AT LAW
SAN FRAN
NCISCO

JOINT STIPULATIO
ON

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CA NO. 4:17-C -04871-HSG
ASE
CV
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