JASON TRABAKOOLAS, SHEILA STETSON, JACK WHEELER, CHRISTIE MOONEY AND KEVEN TURNER individually and on behalf of all others similarly situated, Plaintiffs,
WATTS WATER TECHNOLOGIES, INC., WATTS REGULATOR CO., AND WOLVERINE BRASS, INC., Defendants.
DANIEL E. GUSTAFSON, ESQ., JASON S. KILENE, ESQ., MICHELLE J. LOOBY, ESQ., GUSTAFSON GLUEK PLLC, Minneapolis, MN, Attorneys for Plaintiffs.
DAVID S. MacCUISH, TODD BENOFF, LINDSAY G. CARLSON, ALSTON & BIRD LLP, David S. MacCuish Attorneys for Defendants WATTS REGULATOR CO., WATTS WATER TECHNOLOGIES, INC. and WOLVERINE BRASS, INC.
CLASS ACTION JOINT REPORT ON STATUS OF SETTLEMENT NEGOTIATIONS AND STIPULATION AND ORDER STAYING LITIGATION AND PENDING DEADLINES UNTIL DECEMBER 10, 2013
WILLIAM H. ORRICK, III, District Judge.
Pursuant to Civil Local Rule 6-2, Plaintiffs Jason Trabakoolas, Sheila Stetson, Jack Wheeler, Christie Mooney, and Keven Turner and Defendants Watts Water Technologies, Inc., Watts Regulator Co., and Wolverine Brass, Inc., hereby submit this Joint Report on Status of Settlement Negotiations and Stipulated Request for Order Staying the Litigation and Pending Deadlines until December 10, 2013 in order to focus on settlement discussions and to allow for a further mediation.
WHEREAS, the parties engaged in two full day private mediation sessions before former United States District Judge, Hon. Layn Phillips (Ret.) on February 20, 2013 and August 20, 2013, in an effort to resolve this case.
WHEREAS, at the August 20, 2013, mediation session, the parties made significant progress toward settlement. Judge Phillips directed the parties to complete a Term Sheet on non-monetary terms and to respond to a mediator's proposal that established a dollar range within which he proposed that the case should be settled.
WHEREAS, on August 22, 2013, the Court stayed this action for 45 days, or until October 7, 2013, based on the parties' stipulated request that they be permitted to focus on settling rather than litigating this case. (ECF No. 258.) On October 8, 2013, the Court extended the stay at the parties' request for November 7, 2013 in order to allow the parties to further explore settlement. (ECF No. 261.) The parties appreciate the Court's orders and have been able to make progress towards settlement during the stay.
WHEREAS, the parties reached agreement on a Settlement Term Sheet that outlines the framework for resolution of this purported class action.
WHEREAS, the parties have also worked on other issues necessary to allow them to respond to Judge Phillips' bracketed settlement range. Progress has been made. The parties intend to continue these discussions and have scheduled a further mediation session with Judge Phillips for December 6, 2013. This is the first date that Judge Phillips had available.
WHEREAS, the parties intend to continue their settlement discussions before the scheduled mediation but wish to continue the stay past the December 6, 2013 mediation in the event that their private discussions do not result in an agreement. The parties expect to know whether they will reach a settlement by then.
WHEREAS, the Court is invited to contact Judge Phillips should it have any questions about the settlement mediation process that he is supervising. (firstname.lastname@example.org; (949) 760-5288).
WHEREAS, the Court entered an order on July 30, 2013 (ECF No. 211) setting certain deadlines for this case:
1. Plaintiffs' Rebuttal Expert Reports, ...