Opinion
Case No. M-06-cv-01793-CRB MDL No. 1793
10-20-2011
IN RE INTERNATIONAL AIR TRANSPORTATION SURCHARGE ANTITRUST LITIGATION This Document Relates to: ALL ACTIONS
Megan Dixon (Bar No. 162895) HOGAN LOVELLS US LLP Attorneys for Claimant Carnival PLC Daryl A. Libow ( pro hac vice ) SULLIVAN & CROMWELL LLP Attorneys for Defendant British Airways Plc Harrison J. Frahn, IV (Bar No. 206822) SIMPSON THACHER & BARTLETT LLP Attorneys for Defendant Virgin Atlantic Airways Ltd.
Megan Dixon (Bar No. 162895)
HOGAN LOVELLS US LLP
Attorneys for Claimant Carnival PLC
Daryl A. Libow (pro hac vice)
SULLIVAN & CROMWELL LLP
Attorneys for Defendant British Airways Plc
Harrison J. Frahn, IV (Bar No. 206822)
SIMPSON THACHER & BARTLETT LLP
Attorneys for Defendant Virgin Atlantic Airways Ltd.
Honorable Charles R. Breyer
STIPULATED [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO CARNIVAL PLC'S MOTION TO ENFORCE AND SETTING HEARING DATE
WHEREAS, on October 3, 2008, this Court entered an Order and Final Judgment Approving Settlement Between Class Plaintiffs and British Airways Plc ("BA") and an Order and Final Judgment Approving Settlement Between Class Plaintiffs and Virgin Atlantic Airways Ltd. ("VAA");
WHEREAS, on April 23, 2010, the Settlement Administrator, Kenneth R. Feinberg, Esq., denied Carnival PLC's request to be treated as a Settlement Class Member under the Class Action Settlement Agreements;
WHEREAS, on November 8, 2010, the Settlement Administrator denied Carnival PLC's request for reconsideration of the Settlement Administrator's April 23, 2010 ruling;
WHEREAS, on October 6, 2011, Carnival PLC ("Carnival") filed a Motion to Enforce the Class Action Settlements of BA and VAA (Dkt. No. 365) and two declarations in support thereof (Dkt. Nos. 366-67), and noticed such motion for hearing on November 18, 2011;
WHEREAS, pursuant to Civil Local Rule 7-3, BA's and VAA's oppositions to Carnival's motion would be due on October 20, 2011, and Carnival's reply would be due on October 27, 2011;
WHEREAS, to promote the efficient litigation of this action, BA and VAA anticipate filing a joint opposition to Carnival's motion, and the parties to this Stipulation have conferred and agree that additional time is warranted to enable BA and VAA to prepare their opposition;
WHEREAS, the parties have not previously requested a modification of the time set forth in Civil Local Rule 7-3 with respect to Carnival's Motion to Enforce the Class Action Settlements;
WHEREAS, prior to Carnival's motion, the last activity on the Court's docket with respect to this case occurred on March 3, 2010, and the requested time modification does not impact the schedule for this case except to alter the current hearing date for Carnival's motion; IT IS HEREBY STIPULATED THAT:
1. BA and VAA's time to oppose Carnival's motion shall be extended until October 28, 2011;
2. Carnival's time to reply to BA and VAA's opposition shall be extended until November 10, 2011;
3. Carnival's motion shall be heard on December 9, 2011 at 10:00 a.m. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Megan Dixon (Bar No. 162895)
HOGAN LOVELLS US LLP
Attorneys for Claimant Carnival PLC
Daryl A. Libow (pro hac vice)
SULLIVAN & CROMWELL LLP
Attorneys for Defendant British Airways Plc
Harrison J. Frahn, IV (Bar No. 206822)
SIMPSON THACHER & BARTLETT LLP
Attorneys for Defendant Virgin Atlantic Airways Ltd.
PURSUANT TO STIPULATION, IT IS SO ORDERED.