"In re Haier Freezer Consumer Litigation"

Filing 53

STIPULATION AND ORDER AS MODIFIED BY THE COURT as to 49 STIPULATION and [Proposed] Order to Extend Time to Respond to Motion to Dismiss of Defendant General Electric Company. Signed by Judge Edward J. Davila on 11/30/2011. (ejdlc1, COURT STAFF) (Filed on 11/30/2011)

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BURSOR & FISHER, P.A.
Scott A. Bursor (State Bar No. 276006)
369 Lexington Ave, 10th Floor
New York, NY 10017
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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FARUQI & FARUQI, LLP
Vahn Alexander (State Bar No. 167373)
Christopher B. Hayes (State Bar No. 277000)
1901 Avenue of the Stars, 2nd Floor
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]
E-Mails: [e-mail]
[e-mail]

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BURSOR & FISHER, P.A.
L. Timothy Fisher (State Bar No. 191626)
Sarah N. Westcot (State Bar No. 264916)
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
E-Mails: [e-mail]
[e-mail]

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Co-Lead Interim Class Counsel

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISON
Case No. C11-02911 EJD

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IN RE HAIER FREEZER CONSUMER
LITIGATION

STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME TO
RESPOND TO MOTION TO DISMISS
OF DEFENDANT GENERAL
ELECTRIC COMPANY
Judge: Honorable Edward J. Davila
Ctrm: 1, 5th Floor

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO MOTION TO DISMISS OF DEFENDANT
GENERAL ELECTRIC COMPANY
C11-02911 EJD

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Plaintiffs Christopher Collins, Robert A. Douglas and Marco Grasso (“Plaintiffs”) and
defendant General Electric Company (“GE”) (collectively the “Parties”), by and through their
respective counsel, hereby stipulate and agree to extend the time for Plaintiffs to respond to the
motion to dismiss filed by GE on November 18, 2011 as follows:
WHEREAS, on September 15, 2011, Plaintiffs filed and served the Consolidated
Amended Class Action Complaint (Dkt. No. 40) in this action;
WHEREAS, on November 14, 2011, GE produced to Co-Lead Interim Class Counsel
previously undisclosed correspondence with the United States Department of Energy (“DOE”)
concerning recent test results of the GE Model FCM7SU freezer, which led the DOE to
conclude that the unit meets the applicable NAECA standard;
WHEREAS, on November 18, 2011, GE filed a Motion to Dismiss Plaintiffs’
Consolidated Amended Class Action Complaint (Dkt. No. 45), which is set for hearing on
March 30, 2012;
WHEREAS, on November 29, 2011, Plaintiffs filed a Motion for Leave to File Second
Consolidated Amended Complaint that removes GE as a defendant in this action;
WHEREAS, Plaintiffs will seek an expedited hearing on the Motion for Leave to File a
Second Consolidated Amended Complaint requesting that it be heard and ruled upon well in
advance of the March 30, 2012 hearing date for the Motion to Dissmiss;
WHEREAS, Plaintiffs’ response to GE’s motion to dismiss is currently due on
December 2, 2011;
WHEREAS, Plaintiffs anticipate filing a notice of voluntary dismissal of the claims
against GE promptly after their Motion for Leave to File Second Consolidated Amended
Complaint amend is granted;
WHEREAS, GE’s motion to dismiss will be rendered moot if the Court grants Plaintiffs’
Motion for Leave to File Second Consolidated Amended Complaint; and

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO MOTION TO DISMISS OF
DEFENDANT GENERAL ELECTRIC COMPANY
C11-02911 EJD

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WHEREAS, to conserve the resources of the parties and the Court, the parties wish to
postpone the briefing and hearing on GE’s motion to dismiss until after the Court rules on
Plaintiffs’ Motion for Leave to File Second Consolidated Amended Complaint.

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THEREFORE, IT IS HEREBY STIPULATED by and between the undersigned counsel
for the parties that

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1.

Plaintiffs filed a Motion for Leave to File a Second Consolidated Amended Complaint that
removes GE as a defendant in this action.

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Further briefing on GE’s motion to dismiss should be stayed pending a ruling on

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If Plaintiffs’ Motion for Leave to File Second Consolidated Amended Complaint

is granted, Plaintiffs’ will file a notice of voluntary dismissal of all claims against GE pursuant
to Fed. R. Civ. P. 41(a)(1)(A) within seven days after entry of the order granting leave to
amend.
3.

If Plaintiffs’ Motion for Leave to File Second Consolidated Amended Complaint

is denied, the parties will meet and confer on an appropriate schedule to complete the briefing
on GE’s pending motion to dismiss, and will submit a proposed schedule for the court’s
consideration within seven days after entry of the order denying leave to amend.
IT IS SO STIPULATED

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Date: November 29, 2011

BURSOR & FISHER, P.A.

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/s/
L. Timothy Fisher (State Bar No. 191626)
Sarah N. Westcot (State Bar No. 264916)
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
E-Mails: [e-mail]
[e-mail]

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BURSOR & FISHER, P.A.
Scott A. Bursor (State Bar No. 276006)
369 Lexington Ave, 10th Floor
New York, NY 10017
Telephone: [phone]
Facsimile: [phone]
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO MOTION TO DISMISS OF
DEFENDANT GENERAL ELECTRIC COMPANY
C11-02911 EJD

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Email:

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FARUQI & FARUQI, LLP

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/s/
Vahn Alexander (State Bar No. 167373)
Christopher B. Hayes (State Bar No. 277000)
1901 Avenue of the Stars, 2nd Floor
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]
E-Mails: [e-mail]
[e-mail]

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-and -

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FARUQI & FARUQI, LLP
Antonio Vozzolo
Adam Gonnelli
Christopher Marlborough
369 Lexington Avenue, 10th Floor
New York, NY 10017
Telephone: [phone]
Facsimile: [phone]
E-Mails: [e-mail]
[e-mail]
[e-mail]

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Co-Lead Interim Class Counsel

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[e-mail]

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CROWELL & MORING
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/s/
Douglas Sullivan (State Bar No. 88136)
M. Kay Martin (State Bar No. 154697)
275 Battery Street, 23rd Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Emails: [e-mail]
[e-mail]

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-and-

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CROWELL & MORING
Kathleen Taylor Sooy (admitted pro hac vice)
1001 Pennsylvania Ave, N.W.
Washington, DC 20004
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant General Electric Company

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO MOTION TO DISMISS OF
DEFENDANT GENERAL ELECTRIC COMPANY
C11-02911 EJD

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ATTESTATION OF FILER
Pursuant to General Order No. 45, Section X, Subparagraph B, the undersigned attests that all
parties have concurred in the filing of this stipulation.
Dated: November 29, 2011

Respectfully submitted,

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/s/
L. Timothy Fisher

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO MOTION TO DISMISS OF
DEFENDANT GENERAL ELECTRIC COMPANY
C11-02911 EJD

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[PROPOSED] ORDER

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IT IS HEREBY ORDERED as follows:
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Further briefing on GE’s motion to dismiss [DE #45] is stayed pending a ruling

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on Plaintiffs filed a Motion for Leave to File a Second Consolidated Amended Complaint that

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removes GE as a defendant in this action.
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If Plaintiffs’ Motion for Leave to File Second Consolidated Amended Complaint

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is granted, Plaintiffs’ shall file a notice of voluntary dismissal of all claims against GE pursuant

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to Fed. R. Civ. P. 41(a)(1)(A) within seven days after entry of the order granting leave to

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amend.

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3.

If Plaintiffs’ Motion for Leave to File Second Consolidated Amended Complaint

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is denied, the parties will meet and confer on an appropriate schedule to complete the briefing

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on GE’s pending motion to dismiss, and shall submit a proposed schedule for the court’s

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consideration within seven days after entry of the order denying leave to amend.

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Pursuant to Civil Local Rule 7-3, Defendants shall file oppositions or notices of nonopposition to Plaintiffs' Motion for Leave to File Second Consolidated Amended Complaint
(Docket Item TO STIPULATION, IT December 13, 2011. Plaintiffs shall file a reply, if any, no
PURSUANT No. 51) no later than IS SO ORDERED.
later than December 20, 2011.
IT IS SO ORDERED.

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DATED:
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November 30, 2011
JUDGE EDWARD J. DAVILA
United States District Judge

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO MOTION TO DISMISS OF
DEFENDANT GENERAL ELECTRIC COMPANY
C11-02911 EJD

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