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Alex Soto and Vince Eagen, On Behalf of Themselves and All Others Similarly Situated v. American Honda Motor Co.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


June 21, 2012

ALEX SOTO AND VINCE EAGEN, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
AMERICAN HONDA MOTOR CO., INC.,
DEFENDANT.

The opinion of the court was delivered by: Judge Susan Illston

Beth E. Terrell, CSB #178181 Email: bterrell@tmdwlaw.com 2 TERRELL MARSHALL DAUDT & WILLIE PLLC 936 North 34th Street, Suite 400 3 Seattle, Washington 98103-8869 Telephone: (206) 816-6603 4 Facsimile: (206) 350-3528 5 Steven N. Berk 6 Email: steven@berklawdc.com Matthew J. Bonness, CSB #229226 7 Email: matt@berklawdc.com BERK LAW PLLC 8 2002 Massachusetts Avenue, Northwest, Suite 100 9 Washington, District of Columbia 20036 Telephone: (202) 232-7550 10 Facsimile: (202) 232-7556 11 [Additional Counsel Appear on Signature Page] 12 Attorneys for Individual and Representative Plaintiffs Alex Soto and Vince Eagen 13 14

JOINT STIPULATION EXTENDING BRIEFING SCHEDULE REGARDING DEFENDANT'S MOTION TO COMPEL ARBITRATION AND TO STAY PROCEEDINGS

CLASS ACTION Complaint Filed: March 19, 2012

This stipulation is entered into by Plaintiffs Alex Soto and Vince Eagen ("Plaintiffs") 25 and Defendant American Honda Motor Co., Inc. ("AHM" or "Defendant") (collectively, the 26 27 "Parties"), by and through their respective counsel, with reference to the following facts and 2 recitals: 3 2012 (Dkt. #1); and to a proposed filing and briefing schedule regarding Plaintiffs' First Amended Complaint 7 and Defendant's response to the First Amended Complaint, which the Court approved by order 8 dated May 22, 2012 (Dkt. #12); 9

Amended Complaint on May 18, 2012 (Dkt. #11) and on June 8, 2012, Defendant filed an 11

Arbitration and Stay Proceedings as to Plaintiff Vince Eagen (Dkt. #16) ("Arbitration 13

D. When agreeing to the earlier stipulated filing and briefing schedule on

Defendant's response to the First Amended Complaint, Plaintiffs were unaware that Defendant 16 would file the Arbitration Motion;

E. Plaintiffs have reviewed the Arbitration Motion and determined that limited

18 arbitration-related discovery is necessary to properly and completely respond to the Arbitration 19

F. Accordingly, counsel for the Parties have met and conferred with respect to extending the briefing schedule and hearing date on the Arbitration Motion to permit Plaintiffs 22 to take limited arbitration-related discovery, and subject to the Court's approval, agree to the 23 following: 24 25 26 27

A. Plaintiffs filed their Class Action Complaint in the subject action on March 19,

B. The parties subsequently stipulated to Plaintiffs filing an amended complaint

C. Pursuant to the stipulated filing and briefing schedule, Plaintiffs filed their First

Answer to Plaintiffs' First Amended Complaint (Dkt. #15) as well as a Motion to Compel 12

Motion"); 14

Motion; 20

EVENT DATE

Plaintiffs to serve arbitration-related discovery including subpoena for deposition to Third Party American Honda June 22, 2012 3

Finance Corp.: 4

Defendant to respond to arbitration-related discovery: August 6, 2012 5 Deadline for Plaintiffs to take any depositions in connection 6 with arbitration-related discovery: August 16, 2012 7

Deadline for the Parties to file joint statement regarding disputes, if any, regarding arbitration-related discovery: August 20, 2012 8 9

Plaintiffs to file Opposition to Arbitration Motion, subject to scheduling of deposition of Third Party American Honda September 4, 2012 10

Finance Corp.: 11

Defendant to file Reply in Support of Arbitration Motion: September 18, 2012 12

Proposed hearing date: October 5 , 2012 at 9:00 a.m. 13

G. The Parties agree that any arbitration-related discovery offered by AHM does

14 not constitute a waiver of AHM's right to compel arbitration or to assert that discovery is a 15 gateway issue for the arbitrator to decide. 16

H. No trial date has been set.

STIPULATED AND

IT IS SO ORDERED

CERTIFICATE OF SERVICE

I, Beth E. Terrell, hereby certify that on June 21, 2012, I electronically filed the 3 foregoing with the Clerk of the Court using the CM/ECF system which will send notification of 4 such filing to the following: 5

Michael L. Mallow, CSB #188745 Email: mmallow@loeb.com Darlene M. Cho, CSB #251167 Email: dcho@loeb.com Denise A. Smith-Mars, CSB# 215057 Email: dmars@loeb.com LOEB & LOEB LLP 10100 Santa Monica Blvd., Suite 2200 Los Angeles, California 90067 Telephone: (310) 282-2000 Facsimile: (310) 282-2200 Attorneys for Defendant DATED this 21st day of June, 2012. TERRELL MARSHALL DAUDT & WILLIE PLLC By: /s/ Beth E. Terrell, CSB #178181 Beth E. Terrell, CSB #178181 Email: bterrell@tmdwlaw.com 936 North 34th Street, Suite 400 Seattle, Washington 98103-8869 Telephone: (206) 816-6603 Facsimile: (206) 350-3528 Attorneys for Individual and Representative Plaintiffs Alex Soto and Vince Eagen

20120621

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