Opinion
Case No. C 03-1727 WHA
August 4, 2003
BRIAN C. ANDERSON, TROY M. YOSHINO, O'MELVENY MYERS LLP, San Francisco, CA, Attorneys for Defendant FORD MOTOR COMPANY
Michael R. Vachon, SPECTOR, ROSEMAN KODROFF, P.C., Attorneys for Plaintiff RYAN HANAN
Pursuant to this Court's Notice Scheduling the Initial Case Management Conference in this matter and N.D. Cal. Local Rule 6-2, the parties hereby stipulate to a continuance of the initial case management conference and other deadlines set forth in the Initial Scheduling Order, and hereby request the Court's approval of their stipulation.
Both plaintiff Ryan Hanan and defendant Ford Motor Company ("Ford") have motions pending before this Court and the federal Judicial Panel on Multidistrict Litigation ("MDL") that may cause the transfer of this case to another forum. Specifically, plaintiff has moved to remand this matter to the Superior Court for the State of California, Alameda County. Additionally, the MDL has issued a Conditional Transfer Order ("CTO") that, if effected, would cause the transfer of this matter to the MDL Proceeding in the United States District Court for the Northern District of Ohio, In re Ford Motor Co. Panther Platform/Fuel Tank Design Products Liability Litigation, MDL No. 1488. Plaintiff has filed a motion to vacate that CTO with the MDL, which Ford will oppose. Ford has requested that this Court stay litigation activities pending a decision on transfer by the MDL.
If this case is ultimately set before the MDL or the Alameda Superior Court, the parties will need to work with those courts in managing this case. Against this background, both parties feel that it would be more efficient, and conserve the resources of the parties and this Court, if the initial tasks before this Court were deferred until it is decided that this matter should proceed before this Court. Because it is uncertain when this Court will determine plaintiff's motion to remand this matter to state court, and because plaintiff's motion to vacate the CTO will likely not be decided until late September or early October, the parties hereby stipulate to continuances as follows:
Task: Original Date: Stipulated Last to meet-and-confer regarding initial disclosures, July 30, 2003 October 16, 2003 ADR process selection, etc.; Last to file Joint ADR certification or Notice of Need for ADR Conference Joint Case Management Conference Statement Due July 31, 2003 October 16, 2003 Initial Disclosures Due August 13, 2003 October 27, 2003 Case Management Conference August 14, 2003 at October 30, 2003 at 11:00 a.m. 11:00 a.m.