Gillard et al v. Volkswagen Group of America, Inc. et al

Filing 88

ORDER by Judge Haywood S. Gilliam, Jr. Granting 87 Stipulation to Extend Due Date to File Stipulation Setting Forth Schedule for Case Through Class Certification Re Docket No. 84 . Motion (Stipulation and Proposed Order) due by 8/28/2019. (ndrS, COURT STAFF) (Filed on 8/21/2019)

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SIMMONS HANLY CONROY LLC
Crystal Foley (SBN 224627)
E-mail:[e-mail]
100 N. Sepulveda Boulevard, Suite 1350
Los Angeles, CA 90245
Tel.: [phone] – Fax: [phone]
SIMMONS HANLY CONROY LLC
Paul J. Hanly, Jr. (admitted Pro Hac Vice)
E-mail: [e-mail]
Mitchell M. Breit (admitted Pro Hac Vice)
E-mail: [e-mail]
112 Madison Avenue
New York, NY 10016
Tel.: [phone] – Fax: [phone]
Attorneys for Plaintiffs
HERZFELD & RUBIN, P.C.
Michael B. Gallub (admitted Pro Hac Vice)
E-mail: [e-mail]
Homer B. Ramsey (admitted Pro Hac Vice)
E-mail: [e-mail]
125 Broad Street
New York, NY 10004
Tel.: [phone] – Fax: [phone]
HERZFELD & RUBIN LLP
Craig L. Winterman (SBN 75220)
E-mail: [e-mail]
10250 Constellation Blvd., Suite 100
Los Angeles, CA 90067
Tel.: [phone] – Fax: [phone]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
MIKE MADANI, ROMSIN OUSHANA,
and JOHN CHESS, on behalf of themselves
and all others similarly situated,
Plaintiffs,

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vs.
VOLKSWAGEN GROUP OF AMERICA,
INC.

Case No. 4:17-cv-07287-HSG
STIPULATION AND ORDER TO EXTEND
DUE DATE TO FILE STIPULATION
SETTING FORTH SCHEDULE FOR CASE
THROUGH CLASS CERTIFICATION
Current Due Date: August 21, 2019 Proposed
Due Date: August 28, 2019

Defendant.

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STIPULATION AND ORDER TO EXTEND DUE DATE TO FILE STIPULATION SETTING
FORTH SCHEDULE FOR CASE THROUGH CLASS CERTIFICATION
CASE NO. 4:17-CV-07287-HSG

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Pursuant to L.R. 6-1(b), 6-2, and 7-12, Plaintiffs (“Plaintiffs”) and Defendant (“Defendant”)

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(collectively, the “Parties”) enter into this stipulation with reference to the following facts and

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recitals:

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WHEREAS, on February 15, 2019, the Court entered an Order granting in part and denying

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in part Defendants’ Motion to Dismiss Plaintiffs’ First Amended Complaint; and ordering an

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Amended Pleading to be filed on or before March 15, 2019 (Dkt. 69);

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WHEREAS, Plaintiffs filed their Second Amended Complaint (“SAC”) on March 15, 2019
(Dkt. 71);
WHEREAS, Defendant filed its Motion to Dismiss the SAC (“MTD-SAC”) on March 29,
2019 (Dkt. 72);

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WHEREAS, pursuant to the Parties’ Stipulation approved by the Court, Plaintiffs’ filed their

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Opposition to the MTD-SAC on May 13, 2019 (Dkt. No. 78) and Defendant filed its Reply on June

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3, 2019 (Dkt. No. 79);

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WHEREAS, pursuant to the Parties’ Stipulation and Court Order, the Parties filed their First
Amended Joint Case Management Statement on July 18, 2019 (Dkt. 82);

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WHEREAS, on August 8, 2019 the Court entered an Order granting in part and denying in

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part Defendant’s Motion to Dismiss Plaintiffs’ Second Amended Complaint; ordering an Amended

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Pleading to be filed on or before August 22, 2019, and directing the Parties to file a stipulation and

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proposed order by August 21, 2019, setting forth a schedule for the case through class certification

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(Dkt. 84);

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WHEREAS, Plaintiffs filed a Third Amended Complaint on August 19, 2019 (Dkt. 86);

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WHEREAS, counsel for the Defendant would like to review the Third Amended Complaint

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and have sufficient time thereafter to meet and confer with Plaintiffs’ counsel and present to the

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Court a joint proposed schedule for the case through class certification;

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WHEREAS the Parties have met and conferred and have jointly agreed, subject to the

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Court’s approval, that the Stipulation setting forth a schedule for the case through class certification

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shall be filed on or before August 28, 2019;

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WHEREAS the requested brief extension will not affect any other schedules in the case;
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STIPULATION AND ORDER TO EXTEND DUE DATE TO FILE STIPULATION SETTING
FORTH SCHEDULE FOR CASE THROUGH CLASS CERTIFICATION
CASE NO. 4:17-CV-07287-HSG

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Plaintiffs and Defendant stipulate and agree as follows and request the Court enter an Order
as follows:
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The Parties’ Stipulation and [Proposed] Order setting forth a schedule for the case

through class certification shall be filed on or before August 28, 2019.

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IT IS SO STIPULATED.

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Dated: August 20, 2019

SIMMONS HANLY CONROY LLC

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By:

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/s/ Mitchell M. Breit.
MITCHELL M. BREIT
Attorneys for Plaintiffs

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Dated: August 20, 2019

HERZFELD & RUBIN, P.C.

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By:

/s/ Michael B. Gallub
MICHAEL B. GALLUB
Attorneys for Defendant
VOLKSWAGEN GROUP OF AMERICA, INC.

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STIPULATION AND ORDER TO EXTEND DUE DATE TO FILE STIPULATION SETTING
FORTH SCHEDULE FOR CASE THROUGH CLASS CERTIFICATION
CASE NO. 4:17-CV-07287-HSG

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ATTESTATION UNDER LOCAL RULE 5-1(i)(3)
I, Craig L. Winterman, am the ECF User whose ID and password are being used to file this

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STIPULATION AND [PROPOSED] ORDER TO EXTEND DUE DATE TO FILE

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STIPULATION SETTING FORTH SCHEDULE FOR CASE THROUGH CLASS

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CERTIFICATION. In compliance with Local Rule 5-1(i)(3), I hereby attest that Mitchell M. Breit,

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counsel for Plaintiffs, has concurred in this filing.

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Dated: August 20, 2019

HERZFELD & RUBIN, LLP

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By:

/s/ Craig L. Winterman
CRAIG L. WINTERMAN
Attorneys for Defendant
VOLKSWAGEN GROUP OF AMERICA, INC.

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STIPULATION AND ORDER TO EXTEND DUE DATE TO FILE STIPULATION SETTING
FORTH SCHEDULE FOR CASE THROUGH CLASS CERTIFICATION
CASE NO. 4:17-CV-07287-HSG

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ORDER

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Pursuant to the Parties’ Stipulation, the Court hereby orders as follows:

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1. The Parties’ Stipulation and [Proposed] Order setting forth a schedule for the case

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through class certification shall be filed on or before August 28, 2019.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: 8/21/2019

__________________________________
Hon. Haywood S. Gilliam, Jr.
United States District Judge

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STIPULATION AND ORDER TO EXTEND DUE DATE TO FILE STIPULATION SETTING
FORTH SCHEDULE FOR CASE THROUGH CLASS CERTIFICATION
CASE NO. 4:17-CV-07287-HSG