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Prati v. American Honda Motor Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


June 3, 2009

LISA S. PRATI, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
AMERICAN HONDA MOTOR CO., INC., DEFENDANT.

The opinion of the court was delivered by: Honorable Thelton E. Henderson United States District Judge

Assigned to: Hon. Thelton E. Henderson

STIPULATION AND [PROPOSED] ORDER STAYING ACTION units of vehicles distributed by Defendant American Honda Motor Co., Inc. ("Defendant" or

WHEREAS, on September 26, 2008, the first suit was filed against Honda, which suit remains pending as Alin v. American Honda Motor Co., Inc., No. 2:08-cv-4825 ("Alin") in the

WHEREAS, on January 30, 2009, plaintiff Lisa S. Prati ("Plaintiff" or "Prati") filed this suit against Honda.

"Motion to Stay"), requesting that the Court stay this proceeding pending class certification proceedings in Alin, or, in the alternative, transfer this proceeding to the United States District Court for the District of New Jersey for consolidated proceedings with Alin.

WHEREAS, on May 15, 2009, Plaintiff filed her opposition to the Motion to Stay.

WHEREAS, Honda has filed a motion to dismiss in Alin, which is now fully-briefed.

WHEREAS, Plaintiff and Honda (the "Parties") agree, in the interests of judicial efficiency, that this matter should be stayed pending resolution of the motion to dismiss in Alin.

prejudice, and shall have the right to refile a motion seeking a stay or transfer of this case should the stay be lifted for any reason.

they will notify the Court of the resolution and schedule a status conference in this matter.

Stay shall be stricken.

Conference shall be stricken.

STIPULATIONAND[PROPOSED]ORDERSTAYINGACTION

STIPULATION

WHEREAS, this action is one of two pending suits involving air conditioning condenser "Honda").

United States District Court for the District of New Jersey.

WHEREAS, on April 9, 2009, Honda filed a Motion To Stay Or Transfer Proceedings (the

WHEREAS, on April 27, 2009, Plaintiff filed her first amended complaint.

WHEREAS, the Parties further agree that Honda will withdraw the Motion to Stay without

WHEREAS, the Parties further agree that, upon resolution of the motion to dismiss in Alin,

WHEREAS, the Parties further agree that the June 22, 2009 hearing date on the Motion to

WHEREAS, the Parties further agree that the June 22, 2009 date for the Case Management or oppose transfer of the action to the United States District Court for the District of New Jersey for consolidated proceedings with Alin.

counsel of record, as follows:

District of New Jersey.

the resolution and schedule a status conference in this matter.

WHEREAS, the Parties further agree that they each reserve their respective rights to request

THEREFORE, IT IS STIPULATED AND AGREED by the Parties, through their respective

1. This matter is stayed pending resolution of the pending motion to dismiss in Alin v. American Honda Motor Co., Inc., No. 2:08-cv-4825 in the United States District Court for the

2. Upon resolution of the motion to dismiss in Alin, the parties will notify the court of is stricken.

3. Honda's Motion To Stay Or Transfer Proceedings is withdrawn without prejudice.

Honda shall have the right to refile a motion seeking a stay or transfer of this case should the stay be lifted for any reason.

4. The June 22, 2009 hearing date on Honda's Motion To Stay Or Transfer Proceedings

5. The June 22, 2009 date for the Case Management Conference is stricken.

6. The Parties each reserve their respective rights to request or oppose transfer of the action to the United States District Court for the District of New Jersey for consolidated proceedings with Alin.

IT IS SO STIPULATED.

It is further ordered that, for purposes of the Court's calendar control, a further case management conference shall be held on Monday, September 21, 2009 at 1:30 PM. Parties shall submit a joint case management statement no less than calendar days prior thereto.

Upon good cause being shown, the parties may stipulate to change this date forward and back.

IT IS SO ORDERED

PURSUANT TO STIPULATION, IT IS SO ORDERED.

20090603

© 1992-2009 VersusLaw Inc.



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