"In re Haier Freezer Consumer Litigation"

Filing 69

ORDER GRANTING 68 Stipulation and Proposed Order to Stay Action filed by Robert A. Douglas, Christopher Collins, Marco Grasso. This action is hereby stayed for 60 days from the date hereof. In light of the stipulation, the motion for leave to file an amended complaint (Docket Item No. 51) is TERMINATED without prejudice to being renewed upon expiration of the stay. Motions terminated: 68 STIPULATION WITH PROPOSED ORDER Stipulation and Proposed Order to Stay Action filed by Robert A. Douglas, Christopher Collins, Marco Grasso, 51 MOTION for Leave to File Plaintiffs' Notice of Motion and Motion for Leave to File Second Consolidated Amended Complaint; Memorandum of Law in Support filed by Robert A. Douglas, Christopher Collins, Marco Grasso. Signed by Judge Edward J. Davila on 7/31/2012. (ecg, COURT STAFF) (Filed on 7/31/2012)

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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-Mail: [e-mail]
[e-mail]
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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Co-Lead Interim Class Counsel

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[Additional counsel listed on signature page]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISON

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IN RE HAIER FREEZER CONSUMER
LITIGATION

Case No. C11-02911 EJD
Hon. Edward J. Davila
CLASS ACTION

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STIPULATION AND [PROPOSED]
ORDER TO STAY ACTION
Ctrm: 1, 5th Floor

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STIPULATION AND [PROPOSED] ORDER TO STAY ACTION - C11-02911 EJD

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WHEREAS, Plaintiffs and Defendant Haier America Trading, L.L.C. (“HAT”), by and

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through their counsel, agree to jointly request that the Court stay this action for good cause set

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forth below;

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WHEREAS, Plaintiffs filed their Consolidated Amended Class Action Complaint on
September 15, 2011;

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WHEREAS, on November 18, 2011, HAT and Defendant General Electric Company

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(“GE”) each filed a Motion to Dismiss the Consolidated Amended Class Action Complaint (the

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“Motions to Dismiss”) (Dkt. Nos. 43 and 45);

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WHEREAS, in lieu of responding to the Motions to Dismiss, Plaintiffs filed a Motion

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for Leave to File Second Consolidated Amended Complaint on November 29, 2011 (“Motion

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for Leave to Amend”);

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WHEREAS, Plaintiffs’ Motion for Leave to Amend seeks to remove GE as a defendant
in this action;

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WHEREAS, on November 30, 2011, the Court stayed briefing on GE’s Motion to

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Dismiss, effectively ordering this action stayed as to defendant GE pending a ruling on

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Plaintiffs’ Motion for Leave to Amend (Dkt. No. 53);

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WHEREAS, HAT filed an opposition to Plaintiffs’ Motion for Leave to Amend on

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December 13, 2011, and Plaintiffs filed a reply brief on December 20, 2011, such that the

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Motion for Leave to Amend is fully briefed and pending a ruling from the Court;

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WHEREAS, HAT filed an Administrative Motion to File Documents Under Seal on July

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13, 2012 (“Administrative Motion”) in connection with its intended filing of a Motion for an

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Order Pursuant to Fed. R. Civ. P. 23(d)(1)(E);

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WHEREAS, Plaintiffs filed a Statement of Non-Opposition to HAT’s Administrative
Motion on July 17, 2012;
WHEREAS, counsel for Plaintiffs and HAT met in person on July 25, 2012 and engaged
in settlement negotiations concerning this action;
WHEREAS, counsel for Plaintiffs and HAT believe that these discussions may be
productive and reduce the need to expend this Court’s resources on this matter going forward;
STIPULATION AND [PROPOSED] ORDER TO STAY ACTION - C11-02911 EJD

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WHEREAS, Plaintiffs and HAT would like this Court to defer its decision on Plaintiffs’

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Motion for Leave to Amend and on HAT’s Administrative Motion because of their ongoing

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settlement negotiations;

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WHEREAS, Plaintiffs and HAT jointly request a stay of this action for 60 days to permit
their continued and exclusive focus on settlement negotiations;

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

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that the parties request that the Court postpone its decision on Plaintiffs’ Motion for Leave to

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Amend and on HAT’s Administrative Motion, and that this action be stayed for 60 days from

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the date of the attached Proposed Order.

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IT IS SO STIPULATED

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Date: July 26, 2012

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BURSOR & FISHER, P.A.
/s/ L. Timothy Fisher
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-Mail: [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]
Email: [e-mail]

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FARUQI & FARUQI, LLP

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/s/ David E. Bower
David E. Bower (State Bar No. 119546)
Christopher B. Hayes (State Bar No. 277000)
10866 Wilshire Blvd., Suite 1470
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]
Co-Lead Interim Class Counsel
STIPULATION AND [PROPOSED] ORDER TO STAY ACTION - C11-02911 EJD

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TROUTMAN SANDERS, LLP
/s/ Thomas H. Prouty
Paul L. Gale (State Bar No. 065873)
Thomas H. Prouty (State Bar No. 238950)
5 Park Plaza, Suite 1400
Irvine, CA 92614-2545
Telephone:
949.622.2700
Facsimile:
949.622.2739
E-Mail: [e-mail]
[e-mail]

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TROUTMAN SANDERS LLP
Karen F. Lederer (admitted pro hac vice)
Charles P. Greenman (admitted pro hac vice)
Eric L. Unis (admitted pro hac vice)
405 Lexington Avenue
New York, NY 10174-0700
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant Haier America Trading, LLC

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STIPULATION AND [PROPOSED] ORDER TO STAY ACTION - C11-02911 EJD

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ATTESTATION OF FILER

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Pursuant to General Order No. 45, Section X, Subparagraph B, the undersigned attests that

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plaintiffs and defendant Haier America Trading, LLC have concurred in the filing of this stipulation.

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Dated: July 26, 2011

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Respectfully submitted,
/s/
L. Timothy Fisher

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STIPULATION AND [PROPOSED] ORDER TO STAY ACTION - C11-02911 EJD

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[PROPOSED] ORDER

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WHEREAS, Plaintiffs and Defendant Haier America Trading, L.L.C. have requested that

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the Court stay this action for 60 days from the date hereof to permit them to continue to explore

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settlement;

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In light of the stipulation, the
motion for leave to file an
IT IS HEREBY ORDERED that:
amended complaint (Docket Item
1. This action is hereby stayed for 60 days from the date hereof.No. 51) is TERMINATED without
prejudice to being renewed upon
expiration of the stay.
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED:

July 31, 2012
JUDGE EDWARD J. DAVILA
United States District Judge

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STIPULATION AND [PROPOSED] ORDER TO STAY ACTION - C11-02911 EJD

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