Opinion
CASE NO. 3:11-CV-00487-EMC
10-18-2011
C.F.C., minor, by and through CHRISTINE F his parent and guardian, on behalf of himself and all others similarly situated, Plaintiff, v. POWER BALANCE LLC; a Delaware Limited Liability Company. Defendants.
STEVEN D. ALLISON (SBN 174491) SARAH K. SHAHOLLI (SBN 254943) KATE J. SANTON (SBN 265600) DORSEY & WHITNEY LLP Attorneys for Defendants POWER BALANCE, LLC
STEVEN D. ALLISON (SBN 174491)
SARAH K. SHAHOLLI (SBN 254943)
KATE J. SANTON (SBN 265600)
DORSEY & WHITNEY LLP
Attorneys for Defendants POWER
BALANCE, LLC
NATIONWIDE CLASS ACTION
Hon. Edward M. Chen
JOINT STIPULATION
REGARDING REQUEST FOR
CONTINUED STAY OF CASE
PENDING COURT
CONSIDERATION OF WHETHER
TO GRANT FINAL APPROVAL OF
THE NATIONWIDE CLASS
SETTLEMENT IN THE
BATUNGBACAL ACTION AND
[PROPOSED] ORDER
IT IS SO ORDERED AS MODIFIED
Complaint filed: February 1, 2011
Trial Date: None Set
JOINT STIPULATION
Plaintiff C.F.C., minor, by and through Christine F., his parent and guardian ("Plaintiff") and Power Balance LLC ("Defendant") stipulate as follows:
WHEREAS, on March 25, 2011, a nationwide class settlement agreement ("class settlement") was filed by plaintiff Andre Batungbacal in the action styled Batungbacal v. Power Balance LLC, et al., SACV11-00018 CJC (MLGx), pending in the Central District of California before the Honorable Cormac C. Carney (the "Batungbacal Action") (Batungbacal Dkt. No. 9);
WHEREAS, on April 27, 2011, the Court in the Batungbacal Action granted preliminary approval of the class settlement (Id. at No. 36);
WHEREAS, on May 27, 2011 this Court granted Defendant's unopposed motion to stay the case until after the Batungbacal Court issued a ruling regarding final approval of the proposed nationwide class settlement (Dkt. No. 20);
WHEREAS, on June 20, 2011, due to concerns over Power Balance's financial condition, the Court in the Batungbacal Action vacated its preliminary approval of the class settlement and gave the parties sixty (60) additional days to conduct discovery and determine if a new settlement could be effectuated (Batungbacal Dkt. No. 62);
WHEREAS, over the next several months, the parties in the Batungbacal Action engaged in discovery and negotiations to reach a new class settlement;
WHEREAS, on September 22, 2011, the parties in the Batungbacal Action filed a new nationwide class action settlement agreement and Plaintiff filed a renewed motion for preliminary approval (Id. at No. 69);
WHEREAS the hearing on Plaintiff's motion for preliminary approval of the class settlement in the Batungbacal Action is set for November 21, 2011;
WHEREAS, the allegations and claims made in the Batungbacal Action are similar to certain allegations in this action and it is Defendant's position that, if final approval of the nationwide class settlement in the Batungbacal Action is granted, it will release and have preclusive effect over the putative class' allegations and claims in this action;
WHEREAS, in light of the nationwide class settlement and pending motion for preliminary approval in the Batungbacal Action, and the possible impact of those proceedings on this action, the Parties hereby request that this Court continue the stay of this action for a period sixty (60) days pending the outcome of the preliminary approval hearing on November 21, 2011;
WHEREAS, if Batungbacal Court grants preliminary approval of the nationwide class settlement, the Parties will thereafter file a request to renew the stay of this action pending the outcome on final approval of the Batungbacal class action settlement.
Accordingly, it is hereby stipulated and agreed that all deadlines imposed by the Federal Rules of Civil Procedure or Local Rules of Civil Procedure be stayed in this action for a period of sixty (60) days from the date of entry of the Order granting this Joint Stipulation.
DORSEY & WHITNEY LLP
Steven D. Allison
Sarah K. Shaholli
Kate J. Santon
Attorneys for Defendants
LEXINGTON LAW GROUP
Mark Todzo
Attorneys for Plaintiff
PURSUANT TO STIPULATION, IT IS SO ORDERED.
The Case Management Conference set for 11/04/2011 is continued to 12/16/2011 at 9:00 a.m.
Judge Edward M. Chen