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Martin Murray, et al. v. Sears

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


April 15, 2011

MARTIN MURRAY, ET AL.
PLAINTIFF(S),
v.
SEARS, ROEBUCK AND CO., ET AL.
DEFENDANTS.

LAW OFFICE OF MARK BOLING Mark Boling, State Bar No. 101589 2 21986 Cayuga Lane Lake Forest, California 92630 3 Telephone: (949) 588-9222 Facsimile: (949) 588-7078 4 Attorneys for Plaintiff 5 MARTIN MURRAY (additional attorneys listed on signature page) 6 LATHAM & WATKINS LLP 7 Mark S. Mester (Pro Hac Vice) Livia M. Kiser (Pro Hac Vice) 8 Kathleen P. Lally (Pro Hac Vice) 9 233 South Wacker Drive, Suite 5800 Chicago, Illinois 60606 10 Telephone: (312) 876-7700 Facsimile: (312) 993-9767 11 Attorneys for Defendant ELECTROLUX HOME PRODUCTS, INC. 12 (additional attorneys listed on signature page) 13 SQUIRE, SANDERS & DEMPSEY (US) LLP 14 Mark C. Dosker (CA Bar # 114789) Julie E. Schwartz (CA Bar # 260624) 15 275 Battery Street, Suite 2600 San Francisco, California 94111 16 Telephone: (415) 954-0200 17 Facsimile: (415) 393-9887 Attorneys for Defendant 18 SEARS, ROEBUCK AND CO. (additional attorneys listed on signature page) 19 20

Class Action

JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE HEARING DATE AND [PROPOSED] ORDER Civil Local Rule 7-12

Joint Stipulation to Continue CMC

IT IS HEREBY STIPULATED by and between Plaintiff Martin Murray and Defendants Sears, Roebuck and Co. and Electrolux Home Products, Inc. through their respective counsel as 3 follows: 4

RECITALS

1. On January 25, 2011, this Court continued the Case Management Conference to May 3, 2011 at 2:00 p.m. in Courtroom 2 of the above-entitled Court to allow for further developments 7 regarding the issuance of an injunction against Plaintiff Murray and his attorneys in the case of 8 Thorogood v. Sears, Roebuck and Co., Case No. 06 CV 1999, U.S. District Court, Northern District 9 of Illinois ("Thorogood Case"). The Court also stayed all discovery until further order. 10

2. Pursuant to a briefing schedule subsequently entered by the Court in the Thorogood Case, on February 18, 2010 Defendant Sears filed its Motion to Enter Permanent Injunction in the 12 Northern District of Illinois. [Thorogood Dkt. 192]. 13

3. On March 2, 2011, Plaintiff Murray, as co-petitioner with Steven Thorogood, filed a Petition for Writ of Certiorari with the U.S. Supreme Court in the case of Thorogood v. Sears, 15 Roebuck & Co., Supreme Court Case No. 10-1087 ("Petition") challenging the decision and Opinion 16 by the Court of Appeals in the case of Thorogood v. Sears, Roebuck & Co. (7th Cir. Nov. 2, 2010) (Thorogood III), which is the basis for the issuance of an injunction in the Thorogood Case. 18

4. On March 7, 2011, Plaintiff Thorogood filed his Response to Sears' Motion to Enter Permanent Injunction. [Thorogood Dkt. 196]. 20

5. On March 21, 2011, Defendant Sears filed its Reply in Support of Motion to Enter Permanent Injunction. [Thorogood Dkt. 197]. 22 currently pending with the U.S. Supreme Court. 24 in the instant case is warranted because the issuance of an injunction in the Thorogood Case will 27 affect the management of the instant case. 28

Joint Stipulation to Continue CMC

C-09-5744-CW

6. On April 4, 2011, Defendant Sears filed its Response to said Petition, which is

7. At present, the injunction in the Thorogood Case has not been issued.

8. In the interests of judicial economy, a continuance of Case Management Conference

9. Based upon the foregoing recitals, it is hereby stipulated by the parties as follows:

STIPULATION

1. It is stipulated that the date for the Case Management Conference be continued from May 3, 2011 to June 21, 2011 at the same time and place. 5

[Signatures on next page]

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

United States District Judge

ATTESTATION OF E-FILED SIGNATURE

3 document. In compliance with General Order 45, X.B., I hereby attest that Mark Boling, Mark C. 4 Dosker and Mark S. Mester concurred in that filing. 5 6

Dated on April 13, 2011 at Chicago, Illinois. Respectfully submitted, I, Eve-Lynn J. Rapp, am the ECF User whose ID and password were used to file the attached

By: __ /s/ Eve-Lynn J. Rapp ________

Eve-Lynn J. Rapp Attorney for Plaintiff

20110415

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