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Milligan v. Toyota Motor Sales

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


September 14, 2010

CARIN AND EDWARD MILLIGAN, CALIFORNIA RESIDENTS, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
TOYOTA MOTOR SALES, U.S.A., INC., A CALIFORNIA CORPORATION; AND TOYOTA MOTOR CORPORATION, A FOREIGN CORPORATION, DEFENDANTS.

Judge: Hon. Vaughn R. Walker

STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT AND BRIEFING SCHEDULE Complaint filed: November 17, 2009

WHEREAS plaintiffs Carin and Edward Milligan (collectively "plaintiffs") filed a Second Amended Complaint on March 9, 2010;

WHEREAS defendants Toyota Motor Sales, U.S.A., Inc. and Toyota Motor Corporation (collectively "defendants") filed a Motion to Dismiss Second Amended Complaint on March 30, 2010, and subsequently stipulated, with this Court's approval, to extend the hearing associated with that motion until September 30, 2010 2 to facilitate settlement negotiations;

WHEREAS the parties have participated in four mediation sessions before the Honorable Edward Wallin (Ret.) of JAMS, have agreed in principle on the terms of a 5 settlement, and are in the process of finalizing the terms of a proposed class settlement 6 agreement; 7

WHEREAS the parties anticipate seeking preliminary approval of the class action settlement within the next thirty days; and agree that the hearing on Defendants' Motion to Dismiss should be continued until the settlement approval 10 process is complete.

THEREFORE, the parties agree and stipulate as follows:

The hearing on Defendants' Motion to Dismiss Second Amended Complaint, currently set for September 30, 2010, and the associated opposition and reply briefing, shall be continued until the settlement approval process is complete, at which time the parties shall advise this Court of the status of the case and settlement, and will reset the date for the hearing on Defendants' Motion to Dismiss, if necessary.

Based on the foregoing stipulation of the parties and good cause appearing, it is therefore SO ORDERED that the hearing and associated briefing on Defendants' Motion to Dismiss Second Amended Complaint shall be continued until the settlement approval is complete, at which time the parties shall advise this Court of the status of the case and settlement, and reset the date for Defendants' Motion to Dismiss, if necessary.

IT IS SO ORDERED.

20100914

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