Lee v. Enterprise Leasing Company-West, LLC

Filing 5

ORDER ON #126 STIPULATION (filed in Case No. 3:06-cv-00545-LRH-RAM) to Consolidate Cases for purposes of settlement, and filing of Second Amended Class Action Complaint. Signed by Judge Larry R. Hicks on 10/29/2010. Signed by Judge Larry R. Hicks on 10/29/2010. (Copies have been distributed pursuant to the NEF - DRM)

Lee v. Enterprise Leasing Company-West, LLC

Doc. 5

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Robertson & Benevento 50 West Liberty Street Suite 600 Reno, Nevada 89501

G. David Robertson, Esq. (SBN 1001) Jarrad C. Miller, Esq. (SBN 7093) ROBERTSON & BENEVENTO 50 West Liberty Street, Suite 600 Reno, Nevada 89501 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF NEVADA JANET SOBEL, DANIEL DUGAN, PhD., and LYDIA LEE, individually and on behalf of all others similarly situated, Plaintiffs, vs. THE HERTZ CORPORATION, a Delaware corporation; and, ENTERPRISE RENT-ACAR COMPANY, a Missouri corporation, Defendants. / LYDIA LEE, individually and on behalf of all others similarly situated, Plaintiffs, vs. THE HERTZ CORPORATION, a Delaware corporation; and, ENTERPRISE RENT-ACAR COMPANY, a Missouri corporation, Defendants. / Case No.: 3:10-cv-00326 LRH-VPC STIPULATION AND ORDER RE FILING CONSOLIDATED AMENDED COMPLAINT Case No.: 3:06-cv-00545 LRH-RAM

STIPULATION AND ORDER RE FILING CONSOLIDATED AMENDED COMPLAINT

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Dockets.Justia.com

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Robertson & Benevento 50 West Liberty Street Suite 600 Reno, Nevada 89501

Pursuant to Rule 15 of the Federal Rules of Civil Procedure, Plaintiffs, Janet Sobel, Daniel Dugan, PhD., Lydia Lee, and Mark Singer (collectively "Plaintiffs"), and Defendants, The Hertz Corporation ("Hertz"), Enterprise Leasing Company ­ West, LLC ("Enterprise"), and Vanguard Car Rental USA, LLC ("Vanguard") (collectively, "Defendants"), hereby stipulate and agree as follows: WHEREAS, Civil Action No. 06-cv-00545 was filed on October 13, 2006 against Defendant Hertz and an affiliate of Enterprise; and WHEREAS, Plaintiff Lydia Lee ("Lee") entered into a tolling agreement with Defendant Enterprise, and Lee and Enterprise were thereafter dismissed as parties from Civil Action No. 06-cv-00545 without prejudice; and WHEREAS, on or about June 3, 2010, Plaintiff Lee filed a new action against Enterprise, Civil Action No. 3:10-cv-00326; and WHEREAS, on or about July 22, 2010, Plaintiff Lee filed an Amended Complaint in Civil Action No. 3:10-cv-00326, which, inter alia, added Mark Singer as a plaintiff and Vanguard as a Defendant; and WHEREAS, Plaintiffs and Defendants in the two above actions have entered into a Settlement Agreement, which Plaintiffs filed with the Court on or about October 5, 2010 as an exhibit to Plaintiffs' Motion for Preliminary Approval of the Proposed Settlement; and WHEREAS, the Settlement Agreement contemplates that the above actions would be consolidated for purposes of settlement and that Plaintiffs would file a Consolidated Amended Complaint; NOW, THEREFORE, it is hereby STIPULATED AND AGREED by and among the undersigned that, subject to Court approval, the above actions shall be consolidated for purposes of settlement and that Plaintiffs shall file a Second Amended Class Action Complaint, substantially in the form attached as Exhibit 1 hereto, in Civil Action 3:06-cv-00545. It is further STIPULATED AND AGREED that Defendants need not answer or otherwise respond to the Second Amended Class Action Complaint and that all proceedings in

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Robertson & Benevento 50 West Liberty Street Suite 600 Reno, Nevada 89501

the above Actions, except for those relating to the proposed Settlement, shall be stayed pending the Court's decision whether to finally approve the proposed Settlement. It is further STIPULATED AND AGREED that, in the event the Settlement does not become final, as defined in the Settlement Agreement, the above Actions will revert to their former status and shall proceed separately. AGREED TO: DATED this 19th day of October, 2010. MORRIS PETERSON SHEPPARD, MULLIN, RICHTER AND HAMPTON LLP By: /s/ William E. Peterson William E. Peterson, Esq. Attorneys for Hertz DATED this 19th day of October, 2010. BOWEN HALL By: /s/ Dan C. Bowen Dan C. Bowen, Esq. Attorneys for Enterprise & Vanguard

Dated: October 19, 2010

ROBERTSON & BENEVENTO

By:

/S/ G. David Robertson G. David Robertson, Esq. (SBN 1001) Jarrad C. Miller, Esq. (SBN 7093) Attorneys for Plaintiffs

APPROVED AND SO ORDERED this

day of October 2010:

APPROVED and SO ORDERED this 29th day of October, 2010. U.S. DISTRICT COURT JUDGE

__________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE

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