Sugarman v. Ducati North America, Inc
Filing
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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)
ehg@girardgibbs.com
Dylan Hughes (State Bar No. 209113)
dsh@girardgibbs.com
Geoffrey A. Munroe (State Bar No. 228590)
gam@girardgibbs.com
GIRARD GIBBS LLP
601 California Street, 14th Floor
San Francisco, California 94104
Telephone: (415) 981-4800
Facsimile: (415) 981-4846
Attorneys for Plaintiffs
David W. Ichel (pro hac vice)
dichel@stblaw.com
Mary Elizabeth McGarry (pro hac vice)
mmcgarry@stblaw.com
Joseph M. McLaughlin (pro hac vice)
jmclaughlin@stblaw.com
SIMPSON THACHER & BARTLETT LLP
425 Lexington Avenue
New York, New York 10017
Telephone: (212) 455-2000
Facsimile: (212) 455-2502
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.
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Ducati’s stipulation to the interim appointment is without prejudice to any position,
including its opposition to certification of a class.
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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)
dichel@stblaw.com
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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)
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