UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
July 7, 2011
DENO MILANO, PLAINTIFF,
INTERSTATE BATTERY SYSTEM OF AMERICA, INC.;
INTERSTATE BATTERY SYSTEM INTERNATIONAL, INC.,
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 process during the next
IT IS HEREBY STIPULATED AND AGREED, by and through the undersigned attorneys for
1. The parties will continue to work diligently to finalize the settlement agreement and exhibits,
IT IS SO STIPULATED.
DATED: June ___, 2011 GIRARD GIBBS LLP By: /s/ Eric H. Gibbs Philip B. Obbard David Stein 601 California Street, Suite 1400 San Francisco, California 94104 Telephone: (415) 981-4800 Facsimile: (415) 981-4846 Attorneys for Plaintiff DATED: June ___, 2011 JONES DAY 11
motion for preliminary approval by July 28, 2011. 22
Rule 7-2; and 24
continued to August 25, 2011 at 2:00 pm. 26 27 28
By: Craig E. Stewart Robert A. Mittelstaedt 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: (415) 626-3939 Facsimile: (415) 875-5700 Attorneys for Defendants
PURSUANT TO STIPULATION, IT IS ORDERED:
The Court has read and considered the parties' stipulation and orders that:
1. The parties shall use their best efforts to finalize the settlement agreement and to file a
2. The motion for preliminary approval of settlement can be heard on 21 days notice, Local
3. The Case Management Conference and hearing scheduled for July 28, 2011, will be
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