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Martin Murray, et al. v. Sears

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


June 16, 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 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

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 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

extend the May 3, 2011 Case Management Conference to June 21, 2011 [Dkt. 137], which the Court 12 granted on April 15, 2011. [Dkt. 138].

2. On April 14, 2011 the Parties submitted a Joint Stipulation requesting the Court to

3. Pursuant to a briefing schedule entered by the Court in the Thorogood Case, on February 18, 2010 [Thorogood Dkt. 191], Plaintiff Thorogood and Defendant Sears submitted 15 briefing in the Northern District of Illinois regarding the appropriate scope of the injunction ordered 16 by the United States Court of Appeals for the Seventh Circuit in Thorogood v. Sears, Roebuck & Co., 624 F.3d 842 (7th Cir. Nov. 2, 2010) ("Thorogood III"). [Thorogood Dkt. 192, 196 & 197].

4. 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, 20

Roebuck & Co., Supreme Court Case No. 10-1087 ("Petition") challenging the decision and Opinion 21 in Thorogood III. 22

5. On April 4, 2011, Defendant Sears filed its Response to the Petition in the Supreme Court.

6. On April 18, 2011 the Northern District of Illinois entered a Memorandum Opinion and Order granting Sears' permanent injunction [Thorogood Dkt. 199 & 200], which was signed and 26 entered on April 29, 2011. [Thorogood Dkt. 202].

7. On April 28, 2011 Plaintiff Murray and Co-Petitioner Thorogood submitted their Reply in support of their Petition in the Supreme Court. 2

8. On May 17, 2011 Thorogood timely filed his Notice of Appeal in the Northern District of Illinois, [Thorogood Dkt. 203], appealing the Northern District of Illinois' issuance of an 4 injunction. [Thorogood App. Case No. 11-2133, Dkt. 2]. 5

9. On May 27, 2011, Defendant Sears filed its Supplemental Brief in Opposition to the Petition in the Supreme Court. 7

10. Presently, the Parties are awaiting the Supreme Court's ruling on two matters:

a. Murray's and Thorogood's joint Petition for Writ of Certiorari, which was conferenced by the Court on May 12, 2011, but has not yet been decided; and

b. the Court's decision in the related matter of Smith v. Bayer, cert. granted, No. 09- 1205, which was argued on January 18, 2011, both which should be decided before the end of the Court's term this June.

11. In addition, Thorogood's appeal of the Northern District of Illinois' injunction remains ongoing in the Seventh Circuit. 15

12. Accordingly, in the interests of judicial economy, deferring the Case Management Conference until July 26, 2011, a time following the end of the Supreme Court's term, plus sufficient 17 time for the Parties to evaluate their positions in light of these upcoming decisions, is warranted. 18

13. 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 June 21, 2011 to July 26, 2011 at the same time and place.

[Signatures on next page]

Dated: ________________________

United States District Judge

ATTESTATION OF E-FILED SIGNATURE

I, Eve-Lynn J. Rapp, am the ECF USER whose ID and password were used to file the attached document. In compliance with General Order 45, X.B., I hereby attest that Mark

Boling, Mark C. Dosker and Mark S. Mester concurred in that filing.

Dated on June 10, 2011 at Chicago, Illinois. Respectfully submitted,

By: /s/ Eve-Lynn J. Rapp_____ Eve-Lynn J. Rapp Attorney for Plaintiff

20110616

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