Sugarman v. Ducati North America, Inc

Filing 63

STIPULATION AND ORDER re 61 APPOINTING GIRARD GIBBS AS INTERIM CLASS COUNSEL FOR THE PUTATIVE CLASS AND NOTICE OF WITHDRAWAL OF PENDING MOTION (DOCKET NOS. 56 , 57 ). Signed by Judge Jeremy Fogel on 4/1/11. (dlm, COURT STAFF) (Filed on 4/19/2011)

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Eric H. Gibbs (State Bar No. 178658)
[e-mail]
Dylan Hughes (State Bar No. 209113)
[e-mail]
Geoffrey A. Munroe (State Bar No. 228590)
[e-mail]
GIRARD GIBBS LLP
601 California Street, 14th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs
David W. Ichel (pro hac vice)
[e-mail]
Mary Elizabeth McGarry (pro hac vice)
[e-mail]
Joseph M. McLaughlin (pro hac vice)
[e-mail]
SIMPSON THACHER & BARTLETT LLP
425 Lexington Avenue
New York, New York 10017
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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JONAS SUGARMAN and QUANG LE, on behalf
of themselves and all others similarly situated,

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Plaintiffs,
v.
DUCATI NORTH AMERICA, INC.,
Defendant.

Case No. CV 10-5246-JF (PSG)
STIPULATION TO APPOINTMENT OF
GIRARD GIBBS LLP AS INTERIM CLASS
COUNSEL FOR THE PUTATIVE CLASS
PURSUANT TO RULE 23(g)(3)
AND NOTICE OF WITHDRAWAL OF
PENDING MOTION (DOCKET NOS. 56-57)
AND ------------------ ORDER
[PROPOSED]

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STIPULATION, NOTICE OF WITHDRWAL OF MOTION & [PROPOSED] ORDER RE INTERIM
CLASS COUNSEL
CASE NO. CV 10-5246-JF (PSG)

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STIPULATION AND NOTICE OF WITHDRAWAL OF MOTION ( NOS. 56-57)

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IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN COUNSEL FOR ALL
PARTIES as follows:

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WHEREAS counsel for Plaintiffs, Girard Gibbs LLP, has filed a motion, numbers 56-57 on the

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Court’s docket, pursuant to Fed. R. Civ. P. 23(g)(3) to be appointed as interim counsel for the putative

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class for the period before class certification is considered;

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WHEREAS Defendant Ducati North America Inc. (“Ducati”) contests that class certification is

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lawful or appropriate for this case and has filed a motion to strike the class allegations in the First

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Amended Complaint, which motion is pending;

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WHEREAS the parties have agreed to a stipulated resolution of Plaintiffs’ Rule 23(g)(3) motion

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that would provide the administrative convenience offered by interim class counsel while ensuring that it

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is without prejudice to any party and not intended to affect any determination of whether a class should

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be certified or the class allegations should be stricken;

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WHEREAS Fed. R. Civ. P. 23(g)(3) authorizes the Court to “designate interim counsel to act on
behalf of a putative class before determining whether to certify the action as a class action”;

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WHEREAS counsel for Plaintiffs and counsel for Defendant have established a professional

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working relationship that they anticipate will be conducive to effective and efficient management of this

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case;

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WHEREAS Ducati agrees that Girard Gibbs LLP may be appointed to serve as interim counsel

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to act on behalf of the putative class, provided that the appointment does not affect any determination of

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whether a class should be certified or the class allegations should be stricken;

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WHEREAS the parties further agree that the appointment of Girard Gibbs LLP as interim

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counsel should not abridge or create any rights that Ducati or its counsel, or Plaintiffs’ counsel, have to

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directly communicate with putative class members in the period before class certification is determined;

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and

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WHEREAS Girard Gibbs LLP agrees to withdraw its pending motion for appointment of interim
counsel, Docket Nos. 56-57, in connection with this stipulation and order,

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STIPULATION, NOTICE OF WITHDRAWAL OF MOTION & [PROPOSED] ORDER RE INTERIM
CLASS COUNSEL
CASE NO. CV 10-5246-JF (PSG)

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NOW, THEREFORE, IT IS HEREBY FURTHER STIPULATED AND AGREED, subject to
the Court’s approval, that:
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Plaintiffs’ motion for appointment as interim class counsel, Docket Nos. 56-57, is

withdrawn.
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Pursuant to stipulation of the parties, Girard Gibbs LLP is appointed as interim counsel

for the putative class pending the determination of class certification.
3.

Ducati’s stipulation to the interim appointment is without prejudice to any position,

including its opposition to certification of a class.
4.

This interim appointment shall not affect the Court’s determination of whether a class

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should be certified or the class allegations should be stricken, nor should any inference be drawn from

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this consented-to appointment.

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5.

The interim appointment also shall not abridge or create any rights that Ducati or its

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counsel, or Plaintiffs’ counsel, have to directly communicate with putative class members in the period

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before class certification is determined.

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Dated: March 29, 2011

GIRARD GIBBS LLP

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By

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/s/ Eric H. Gibbs
Eric H. Gibbs

Attorneys for Plaintiffs

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Dated: March 29, 2011

SIMPSON THACHER & BARTLETT LLP

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By /s/ David W. Ichel__________________
David W. Ichel (pro hac vice)
[e-mail]

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Attorneys for Defendant

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: 4/1/11
The Honorable Jeremy D. Fogel
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STIPULATION, NOTICE OF WITHDRAWAL OF MOTION & [PROPOSED] ORDER RE INTERIM
CLASS COUNSEL
CASE NO. CV 10-5246-JF (PSG)