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Emily Williams, On Behalf of Herself and All Others Similarly Situated v. Flushmate

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


October 9, 2012

EMILY WILLIAMS, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED,
PLAINTIFFS,
v.
FLUSHMATE, A DIVISION OF SLOAN VALVE COMPANY, A DELAWARE CORPORATION, GERBER PLUMBING FIXTURES, LLC, A DELAWARE CORPORATION, AND DOES 1-10, 20 INCLUSIVE DEFENDANTS.

The opinion of the court was delivered by: Edward M. Chen United States District Judge

[Additional Counsel for the Parties listed on Signature Page]

STIPULATION AND [PROPOSED] ORDER RE LIMITED STAY OF PROCEEDINGS

Plaintiff Emily Williams ("Plaintiff") and Defendants Flushmate, a division of Sloan Valve Company, and Gerber Plumbing Fixtures, LLC (collectively "Defendants") hereby 25 stipulate as follows: 26

WHEREAS, on September 12, 2012, Plaintiff originally filed this action; otherwise respond to Plaintiff's Class Action Complaint in this action; 3 Action"), and in the Eastern District of California, Ede v. Sloan Valve Company and Kohler Co., 6

WHEREAS, on September 25, 2012, the parties met and conferred regarding Defendants Flushmate and American Standard's contemplated motion to be filed on October 5, 2012 in the 9 District Court for the Eastern District of Michigan (the "Motion to Transfer"); 11 12 that they intended to file an amended complaint in the UDC Action on or before October 5, 13 2012, to include all claims asserted by Plaintiff Emily Williams in the instant action and all 14 claims asserted in the Ede Action; 15 16 interest of judicial economy, all other proceedings in this action shall be stayed until November 17 12, 2012. If Plaintiff has not sought to dismiss this action without prejudice upon expiration of 18 the stay on November 12, 2012, then Defendants shall have until November 26, 2012 within 19 which to move to dismiss this action. 20

WHEREAS, October 9, 2012 is the current initial deadline for Defendants to answer or

WHEREAS, there are related actions pending in the Central District of California, United Desert Charities, et al. v. Flushmate, et al., Case No. 12-cv-06878 SJO (SHx) ("UDC 5 Case No. 1:12-CV-01391-LJO-DLB ("Ede Action"); 7

UDC Action, pursuant to 28 U.S.C. § 1404, to transfer the UDC Action to the United States 10

WHEREAS, on September 28, 2012, Plaintiff's counsel advised Defendants' counsel

WHEREAS, the parties stipulate and agree, subject to approval of the Court, that, in the

THEREFORE, Plaintiff and Defendants stipulate and agree and respectfully request this Court to stay all proceedings in this action until November 12, 2012. If Plaintiff has not sought 22 to dismiss this action without prejudice upon expiration of the stay on November 12, 2012, then 23

However, nothing herein shall foreclose a party from seeking relief from the stay on a showing 25 of good cause. 26

Defendants shall have until November 26, 2012 within which to move to dismiss this action. 24

Dated: October 5, 2012 BIRKA-WHITE LAW OFFICES 2 3 By: /s/ David M. Birka-White David M. Birka-White JOHN D. GREEN (State Bar No. 121498) jgreen@fbm.com Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Phone: (415) 954-4400 / Fax: (415) 954-4480 Attorneys for Plaintiff Emily Williams Dated: October 5, 2012 SNR DENTON US LLP 11 12 By /s/ Steven H. Frankel Steven H. Frankel ROBERT F. SCOULAR (State Bar # 085293) robert.scoular@snrdenton.com LEANNA M. ANDERSON (State Bar # 228271) leanna.anderson@snrdenton.com SNR DENTON US LLP 601 S. Figueroa Street, Suite 2500 Los Angeles, California 90017 Phone: (213) 623-9300 / Fax: (213) 623-9924 Attorneys for Defendants Flushmate, a division of Sloan Valve Company and Gerber Plumbing Fixtures, LLC

[PROPOSED] ORDER

Pursuant to stipulation of the parties and for good cause shown,

IT IS SO ORDERED.

20121009

© 1992-2012 VersusLaw Inc.



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