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Deno Milano v. Interstate Battery System of America

July 7, 2011

DENO MILANO, PLAINTIFF,
v.
INTERSTATE BATTERY SYSTEM OF AMERICA, INC.;
INTERSTATE BATTERY SYSTEM INTERNATIONAL, INC.,
DEFENDANTS.



The opinion of the court was delivered by: Judge Claudia Wilken United States District Judge

STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND HEARING DATE,

(LOCAL RULE 7-12)

Battery System International, Inc., by and through the undersigned attorneys hereby agree and stipulate as follows:

WHEREAS, the current deadline for the parties to file a motion for preliminary approval of class settlement has been once extended and is now set for July 7, 2011, with the corresponding hearing and WHEREAS, the parties are using their best efforts to finalize the settlement agreement and the supporting exhibits (including the Class Action Fairness Act notice, settlement notice, flyers to be 9 posted at Interstate Batteries' authorized warranty dealers, and two claim forms). The parties have 10 exchanged drafts of these documents and remain engaged in efforts to complete their overall 11 negotiations and revisions of these documents, and to complete the necessary class notices and related 12 documents.

WHEREAS, the parties' settlement agreement is complex because, among other things, it institutes major changes to the Defendants' warranty practices, which has required defense counsel to 15 hold repeated discussions with their clients while drafting the underlying documents, all of which are 16 subject to negotiation between the parties. Because those changes must be carefully executed and 17 ultimately incorporated into the settlement documents, the process of memorializing a final settlement 18 agreement has taken longer than the parties first envisioned.

four weeks, and do not envision needing to ask the Court for future extensions.

the parties, subject to the Court's approval, that:

and to file their motion for preliminary approval of settlement by July 28, 2011;

2. The motion for preliminary approval of settlement can be heard on 21 days notice, Local Rule 7-2; and

3. The Case Management Conference and hearing scheduled for July 28, 2011, will be continued to August 25, 2011 at 2:00 pm.

Plaintiff Deno Milano and Defendants Interstate Battery System of America, Inc., and Interstate

Case Management Conference set for July 28, 2011. 7

WHEREAS, the parties are nevertheless committed to completing this ...


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