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In Re Haier Freezer Consumer Litigation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISON


July 31, 2012

IN RE HAIER FREEZER CONSUMER LITIGATION

The opinion of the court was delivered by: Hon. Edward J. Davila

BURSOR & FISHER, P.A. L. Timothy Fisher (State Bar No. 191626) Sarah N. Westcot (State Bar No. 264916) 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 E-Mail: ltfisher@bursor.com swestcot@bursor.com BURSOR & FISHER, P.A. Scott A. Bursor (State Bar No. 276006) th 369 Lexington Ave, 10 Floor New York, NY 1001 Telephone: (212) 989-9113 Facsimile: (212) 989-9163 Email: scott@bursor.com Co-Lead Interim Class Counsel [Additional counsel listed on signature page]

CLASS ACTION STIPULATION AND [PROPOSED] ORDER TO STAY ACTION Ctrm: 1, 5th Floor through their counsel, agree to jointly request that the Court stay this action for good cause set 3 forth below; 4

WHEREAS, Plaintiffs and Defendant Haier America Trading, L.L.C. ("HAT"), by and

WHEREAS, Plaintiffs filed their Consolidated Amended Class Action Complaint on September 15, 2011; 6 "Motions to Dismiss") (Dkt. Nos. 43 and 45); 9 10 for Leave to File Second Consolidated Amended Complaint on November 29, 2011 ("Motion 11 for Leave to Amend"); 12 in this action; 14

Plaintiffs' Motion for Leave to Amend (Dkt. No. 53); 17

Motion for Leave to Amend is fully briefed and pending a ruling from the Court; 20 Order Pursuant to Fed. R. Civ. P. 23(d)(1)(E); 23

WHEREAS, on November 18, 2011, HAT and Defendant General Electric Company ("GE") each filed a Motion to Dismiss the Consolidated Amended Class Action Complaint (the 8

WHEREAS, in lieu of responding to the Motions to Dismiss, Plaintiffs filed a Motion

WHEREAS, Plaintiffs' Motion for Leave to Amend seeks to remove GE as a defendant

WHEREAS, on November 30, 2011, the Court stayed briefing on GE's Motion to

Dismiss, effectively ordering this action stayed as to defendant GE pending a ruling on 16

WHEREAS, HAT filed an opposition to Plaintiffs' Motion for Leave to Amend on December 13, 2011, and Plaintiffs filed a reply brief on December 20, 2011, such that the 19

WHEREAS, HAT filed an Administrative Motion to File Documents Under Seal on July 13, 2012 ("Administrative Motion") in connection with its intended filing of a Motion for an

WHEREAS, Plaintiffs filed a Statement of Non-Opposition to HAT's Administrative Motion on July 17, 2012; 25 26 in settlement negotiations concerning this action; 27

28 productive and reduce the need to expend this Court's resources on this matter going forward;

WHEREAS, counsel for Plaintiffs and HAT met in person on July 25, 2012 and engaged

WHEREAS, counsel for Plaintiffs and HAT believe that these discussions may be

WHEREAS, Plaintiffs and HAT would like this Court to defer its decision on Plaintiffs'

Motion for Leave to Amend and on HAT's Administrative Motion because of their ongoing 3 settlement negotiations; 4 5 their continued and exclusive focus on settlement negotiations; 6 7 that the parties request that the Court postpone its decision on Plaintiffs' Motion for Leave to 8

WHEREAS, Plaintiffs and HAT jointly request a stay of this action for 60 days to permit

THEREFORE, IT IS HEREBY STIPULATED by and between the undersigned counsel Amend and on HAT's Administrative Motion, and that this action be stayed for 60 days from 9 the date of the attached Proposed Order. 10

IT IS SO STIPULATED

ATTESTATION OF FILER

Pursuant to General Order No. 45, Section X, Subparagraph B, the undersigned attests that plaintiffs and defendant Haier America Trading, LLC have concurred in the filing of this stipulation.

Dated: July 26, 2011 Respectfully submitted,

L. Timothy Fisher

[PROPOSED] ORDER

WHEREAS, Plaintiffs and Defendant Haier America Trading, L.L.C. have requested that the Court stay this action for 60 days from the date hereof to permit them to continue to explore settlement; In light of the stipulation, the IT IS HEREBY ORDERED that: motion for leave to file an amended complaint (Docket Item

1. This action is hereby stayed for 60 days from the date hereof. No. 51) is TERMINATED without prejudice to being renewed upon

PURSUANT TO STIPULATION, IT IS SO ORDERED. expiration of the stay. 8 9

JUDGE EDWARD J. DAVILA United States District Judge

20120731

© 1992-2012 VersusLaw Inc.



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