U.S. District Court California Northern District (Oakland) CIVIL DOCKET FOR CASE #: 4:10-cv CW

Transcription

1 1 of 14 1/12/ :53 AM ADRMOP,CLOSED,E-Filing,PROTO,PRVADR U.S. District Court California Northern District (Oakland) CIVIL DOCKET FOR CASE #: 4:10-cv CW Milano v. Interstate Battery System of America Inc et al Assigned to: Hon. Claudia Wilken Cause: 28:1332 Diversity-Breach of Contract Date Filed: 05/18/2010 Date Terminated: 07/05/2012 Jury Demand: Both Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question Plaintiff Deno Milano on behalf of himself and all others similarly situated represented by Eric H. Gibbs Gibbs Law Group LLP th Street, Ste Oakland, CA Fax: LEAD ATTORNEY David K. Stein Girard Gibbs LLP 601 California Street, 14th Floor San Francisco, CA Philip Buckle Obbard Girard Gibbs LLP 601 California Street 14th Floor San Francisco, CA Fax: V. Defendant

2 2 of 14 1/12/ :53 AM Interstate Battery System of America Inc represented by Matthew Gordon Ball K&L Gates LLP Four Embarcadero Center Suite 1200 San Francisco, CA (415) Fax: (415) LEAD ATTORNEY Robert Allan Mittelstaedt Jones Day 555 California Street, 26th Floor San Francisco, CA (415) Fax: (415) LEAD ATTORNEY Andrew Omprakash Wirmani, Jones Day 2727 N. Harwood Street Dallas, TX Fax: PRO HAC VICE Craig Ellsworth Stewart Jones Day 555 California Street, 26th Floor San Francisco, CA (415) Fax: (415) Jerome R. Doak Attorney at Law Jones Day 2727 North Harwood St. Dallas, TX Fax:

3 3 of 14 1/12/ :53 AM PRO HAC VICE Defendant Interstate Battery System International Inc represented by Matthew Gordon Ball (See above for address) LEAD ATTORNEY Robert Allan Mittelstaedt (See above for address) LEAD ATTORNEY Andrew Omprakash Wirmani, (See above for address) PRO HAC VICE Craig Ellsworth Stewart (See above for address) Jerome R. Doak (See above for address) PRO HAC VICE Objector Wayne Barginear represented by Thomas L. Cox 4934 Tremont Dallas, TX LEAD ATTORNEY Date Filed # Docket Text 05/18/ COMPLAINT; Jury Demand against Interstate Battery System International Inc, Interstate Battery System of America Inc ( Filing fee $ 350, receipt number ). Filed bydeno Milano. (Attachments: # 1 Civil Cover Sheet)(cp, COURT STAFF) (Filed on 5/18/2010) (Entered: 05/20/2010) 05/18/ Declaration of Eric H. Gibbs pursuant to CA Civil Code Section 1780(d) filed bydeno Milano. (cp, COURT STAFF) (Filed on 5/18/2010) (Entered: 05/20/2010)

4 4 of 14 1/12/ :53 AM 05/18/ Certificate of Interested Entities by Deno Milano (cp, COURT STAFF) (Filed on 5/18/2010) (Entered: 05/20/2010) 05/18/ Summons Issued as to Interstate Battery System International Inc, Interstate Battery System of America Inc. (cp, COURT STAFF) (Filed on 5/18/2010) (Entered: 05/20/2010) 05/18/ ADR SCHEDULING ORDER: Case Management Statement due by 8/31/2010. Case Management Conference set for 9/7/ :00 PM. (Attachments: # 1 Standing Order)(cp, COURT STAFF) (Filed on 5/18/2010) (Entered: 05/20/2010) 05/18/2010 CASE DESIGNATED for Electronic Filing. (cp, COURT STAFF) (Filed on 5/18/2010) (Entered: 05/20/2010) 05/25/ SUMMONS Returned Executed by Deno Milano. Interstate Battery System International Inc served on 5/19/2010, answer due 6/9/2010. (Gibbs, Eric) (Filed on 5/25/2010) (Entered: 05/25/2010) 05/25/ SUMMONS Returned Executed by Deno Milano. Interstate Battery System of America Inc served on 5/19/2010, answer due 6/9/2010. (Gibbs, Eric) (Filed on 5/25/2010) (Entered: 05/25/2010) 05/28/ STIPULATION re Extension of Time To Answer (or File Responsive Pleading) to Complaint, filed by Interstate Battery System International Inc, Interstate Battery System of America Inc., Deno Milano (Ball, Matthew) (Filed on 5/28/2010) Modified on 6/2/2010 (jlm, COURT STAFF). (Entered: 05/28/2010) 06/01/ ORDER re 8 Granting Stipulation re Extension of Time To Answer (or File Responsive Pleading) To Complaint. Signed by Judge Claudia Wilken on 6/1/2010. (ndr, COURT STAFF) (Filed on 6/1/2010) (Entered: 06/01/2010) 07/08/ NOTICE of Substitution of Counsel; (Proposed) Order by Craig Ellsworth Stewart (Attachments: # 1 Signature Page (Declarations/Stipulations) of Christopher Willis, # 2 Signature Page (Declarations/Stipulations) of K & L Gates LLP)(Stewart, Craig) (Filed on 7/8/2010) Modified on 7/9/2010 (cp, COURT STAFF). (Entered: 07/08/2010) 07/09/ STIPULATION RE EXTENSION OF TIME TO FILE ANSWER OR RESPONSE TO COMPLAINT; (PROPOSED) ORDER by Deno Milano, Interstate Battery System International Inc., Interstate Battery Systems of America Inc. (Gibbs, Eric) (Filed on 7/9/2010) Modified on 7/12/2010 (cp, COURT STAFF). (Entered: 07/09/2010) 07/12/ ORDER re 11 Granting Stipulation RE EXTENSION OF TIME TO FILE ANSWER OR RESPONSE TO COMPLAINT. Signed by Judge Claudia Wilken on 7/12/2010. (ndr, COURT STAFF) (Filed on 7/12/2010) (Entered: 07/12/2010) 07/14/ MOTION for leave to appear in Pro Hac Vice as to Jerome R. Doak ( Filing fee $ 210, receipt number ) filed by Interstate Battery System International Inc, Interstate Battery System of America Inc. (Attachments: # 1 Proposed Order)(cp, COURT STAFF) (Filed on 7/14/2010) (Entered: 07/19/2010)

5 5 of 14 1/12/ :53 AM 07/14/ MOTION for leave to appear in Pro Hac Vice as to Andrew O. Wirmani ( Filing fee $ 210, receipt number ) filed by Interstate Battery System International Inc, Interstate Battery System of America Inc. (Attachments: # 1 Proposed Order)(cp, COURT STAFF) (Filed on 7/14/2010) (Entered: 07/19/2010) 07/16/ AMENDED COMPLAINT; Jury Demand against Interstate Battery System International Inc, Interstate Battery System of America Inc. Filed bydeno Milano. (Gibbs, Eric) (Filed on 7/16/2010) Modified on 7/19/2010 (cp, COURT STAFF). (Entered: 07/16/2010) 07/21/ ORDER by Judge Claudia Wilken granting 14 Motion for Pro Hac Vice as to Jerome R. Doak (cp, COURT STAFF) (Filed on 7/21/2010) (Entered: 07/21/2010) 07/21/ ORDER by Judge Claudia Wilken granting 15 Motion for Pro Hac Vice as to Andrew O. Wirmani (cp, COURT STAFF) (Filed on 7/21/2010) (Entered: 07/21/2010) 07/22/ NOTICE of Appearance by Robert Allan Mittelstaedt (Mittelstaedt, Robert) (Filed on 7/22/2010) (Entered: 07/22/2010) 08/16/ Defendants' ANSWER to Amended Complaint Demand for Jury Trial byinterstate Battery System International Inc, Interstate Battery System of America Inc. (Stewart, Craig) (Filed on 8/16/2010) (Entered: 08/16/2010) 08/16/ Certificate of Interested Entities by Interstate Battery System International Inc, Interstate Battery System of America Inc identifying Corporate Parent Interstate Battery System International, Inc. for Interstate Battery System of America Inc. (Stewart, Craig) (Filed on 8/16/2010) (Entered: 08/16/2010) 08/17/ ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Stewart, Craig) (Filed on 8/17/2010) (Entered: 08/17/2010) 08/17/ ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Obbard, Philip) (Filed on 8/17/2010) (Entered: 08/17/2010) 08/17/ STIPULATION and Proposed Order selecting ADR Process by Deno Milano, Interstate Battery System International Inc, Interstate Battery System of America Inc (Obbard, Philip) (Filed on 8/17/2010) Modified on 8/18/2010 (cp, COURT STAFF). Modified on 8/18/2010 (cp, COURT STAFF). (Entered: 08/17/2010) 08/24/ ORDER re 23 Granting Stipulation Selecting ADR Process. Signed by Judge Claudia Wilken on 8/24/2010. (ndr, COURT STAFF) (Filed on 8/24/2010) (Entered: 08/24/2010) 08/31/ JOINT CASE MANAGEMENT STATEMENT filed by Deno Milano, Interstate Battery System International Inc., Interstate Battery System of America Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Order)(Obbard, Philip) (Filed on 8/31/2010) Modified on 9/2/2010 (cp, COURT STAFF). (Entered: 08/31/2010) 08/31/2010 ***Deadlines terminated re Case Management Statement Due as to 5 ADR Scheduling Order. (jlm, COURT STAFF) (Filed on 8/31/2010) (Entered: 09/09/2010)

6 6 of 14 1/12/ :53 AM 09/07/2010 ***Deadlines terminated re Case Management Conference as to 5 ADR Scheduling Order. (jlm, COURT STAFF) (Filed on 9/7/2010) (Entered: 09/09/2010) 09/07/ Minute Entry: Initial Case Management Conference held on 9/7/2010 before Claudia Wilken (Date Filed: 9/7/2010), Case referred to Private ADR. Further Case Management Conference set for 5/12/ :00 PM. Motion Hearing set for 5/12/ :00 PM. (Court Reporter Raynee Mercado.) (ndr, COURT STAFF) (Date Filed: 9/7/2010) (Entered: 09/13/2010) 09/08/ STIPULATION and Proposed Protective Order, filed by Deno Milano, Interstate Battery System International Inc., Interstate Battery System of America Inc. (Gibbs, Eric) (Filed on 9/8/2010) Modified on 9/9/2010 (jlm, COURT STAFF). (Entered: 09/08/2010) 09/09/ ORDER by Judge Claudia Wilken granting 26 Stipulated Protective Order for Standard Litigation. (ndr, COURT STAFF) (Filed on 9/9/2010) (Entered: 09/09/2010) 09/24/ STIPULATION REGARDING APPOINTMENT OF INTERIM CLASS COUNSEL UNDER FED. R. CIV. P 23(g), AND PROPOSED ORDER filed by Deno Milano, Interstate Battery System International Inc., Interstate Battery System of America Inc. (Attachments: # 1 Declaration of Eric Gibbs)(Gibbs, Eric) (Filed on 9/24/2010) Modified on 9/27/2010 (kc, COURT STAFF). (Entered: 09/24/2010) 09/29/ ORDER re 29 Granting STIPULATION REGARDING APPOINTMENT OF INTERIM CLASS COUNSEL UNDER FED. R. CIV. P 23(g). Signed by Judge Claudis Wilken on 9/29/2010. (ndr, COURT STAFF) (Filed on 9/29/2010) (Entered: 09/29/2010) 10/29/ STIPULATION REGARDING CONDUCT OF DISCOVERY AND EXTENSION OF TIME FOR DISCOVERY RESPONSES AND ADDITION OF NEW PARTIES by Deno Milano, Interstate Battery Systems International Inc, Interstate Battery System of America Inc. (Attachments: # 1 Proposed Order)(Gibbs, Eric) (Filed on 10/29/2010) Modified on 11/1/2010 (cp, COURT STAFF). (Entered: 10/29/2010) 11/02/ ORDER re 31 Granting Stipulation REGARDING CONDUCT OF DISCOVERY AND EXTENSION OF TIME FOR DISCOVERY RESPONSES AND ADDITION OF NEW PARTIES. Signed by Judge Claudia Wilken on 11/2/2010. (ndr, COURT STAFF) (Filed on 11/2/2010) (Entered: 11/02/2010) 02/10/ STIPULATION to Extend Deadlines and [Proposed] Order by Deno Milano, Interstate Battery System International Inc, Interstate Battery Systems of America Inc. (Gibbs, Eric) (Filed on 2/10/2011) Modified on 2/11/2011 (cps, COURT STAFF). (Entered: 02/10/2011) 02/15/ ORDER Granting 33 Stipulation to Extend Deadlines. Case Management Statement due by 6/9/2011. Further Case Management Conference set for 6/16/ :00 PM. Motion Hearing set for 6/16/ :00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 2/15/2011. (ndr, COURT STAFF) (Filed on 2/15/2011) (Entered: 02/15/2011) 02/15/2011 Case Stayed (ndr, COURT STAFF) (Filed on 2/15/2011) (Entered: 02/15/2011)

7 7 of 14 1/12/ :53 AM 03/08/ STIPULATION TO EXTEND DEADLINES AND [PROPOSED] ORDER by Deno Milano, Interstate Battery Sytems International Inc, Interstate Battery System of America Inc. (Gibbs, Eric) (Filed on 3/8/2011) Modified on 3/9/2011 (cp, COURT STAFF). (Entered: 03/08/2011) 03/09/ ORDER Granting 35 Stipulation TO EXTEND DEADLINES. Case Management Statement due by 7/7/2011. Case Management Conference set for 7/14/ :00 PM. Motion Hearing set for 7/14/ :00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 3/9/2011. (ndr, COURT STAFF) (Filed on 3/9/2011) (Entered: 03/09/2011) 04/15/ STIPULATION to Vacate Litigation Deadlines and [Proposed] Order by Deno Milano, Interstate Battery System International Inc, Interstate Battery Systems of American Inc. (Gibbs, Eric) (Filed on 4/15/2011) Modified on 4/18/2011 (cp, COURT STAFF). (Entered: 04/15/2011) 04/18/ ORDER Granting 37 Stipulation to Vacate Litigation Deadlines. Signed by Judge Claudia Wilken on 4/18/2011. (ndr, COURT STAFF) (Filed on 4/18/2011) (Entered: 04/18/2011) 06/06/ STIPULATION AND (PROPOSED) ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND HEARING DATE by Deno Milano, Interstate Battery System International Inc, Interstate Battery System of America Inc. (Gibbs, Eric) (Filed on 6/6/2011) Modified on 6/7/2011 (cps, COURT STAFF). (Entered: 06/06/2011) 06/07/ ORDER Granting 39 Stipulation TO CONTINUE CASE MANAGEMENT CONFERENCE AND HEARING DATE. Case Management Statement due by 7/21/2011. Further Case Management Conference set for 7/28/ :00 PM. Motion Hearing set for 7/28/ :00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 6/7/2011. (ndr, COURT STAFF) (Filed on 6/7/2011) (Entered: 06/07/2011) 07/05/ STIPULATION to Continue Case Management Conference and Hearing Date, and [Proposed] Order by Deno Milano, Interstate Battery Systems International Inc, Interstate Battery System of America Inc. (Gibbs, Eric) (Filed on 7/5/2011) Modified on 7/6/2011 (cp, COURT STAFF). (Entered: 07/05/2011) 07/07/ ORDER Granting 41 Stipulation to Continue Case Management Conference and Hearing Date. Case Management Statement due by 8/18/2011. Further Case Management Conference set for 8/25/ :00 PM. Motion Hearing set for 8/25/ :00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 7/7/2011. (ndr, COURT STAFF) (Filed on 7/7/2011) (Entered: 07/07/2011) 08/01/ STIPULATION to Take Motion Off Calendar, and [Proposed] Order by Deno Milano, Interstate Battery Systems of America Inc., Interstate Battery System International Inc. (Gibbs, Eric) (Filed on 8/1/2011) Modified on 8/2/2011 (cp, COURT STAFF). (Entered: 08/01/2011) 08/12/ ORDER Granting 43 Stipulation to Take Motion Off Calendar. Signed by Judge Claudia Wilken on 8/12/2011. (ndr, COURT STAFF) (Filed on 8/12/2011) (Entered:

8 8 of 14 1/12/ :53 AM 08/12/2011) 08/19/ JOINT CASE MANAGEMENT STATEMENT filed by Deno Milano, Interstate Battery System International Inc, Interstate Battery System of America Inc. (Gibbs, Eric) (Filed on 8/19/2011) Modified on 8/22/2011 (cp, COURT STAFF). (Entered: 08/19/2011) 08/25/ Minute Entry: Further Case Management Conference held on 8/25/2011 before Claudia Wilken (Date Filed: 8/25/2011). Motions due by 9/22/2011. Motion Hearing set for 10/13/ :00 PM before Hon. Claudia Wilken. Motion Hearing set for 1/12/ :00 PM before Hon. Claudia Wilken. (Court Reporter Diane Skillman.) (ndr, COURT STAFF) (Date Filed: 8/25/2011) (Entered: 08/30/2011) 09/21/ STIPULATION to Extend Deadline and [Proposed] Order by Deno Milano, Interstate Battery System International Inc, Interstate Battery System of America Inc. (Gibbs, Eric) (Filed on 9/21/2011) Modified on 9/22/2011 (cp, COURT STAFF). (Entered: 09/21/2011) 09/22/ ORDER Granting 47 Stipulation to Extend Deadline. Motions due by 10/27/2011. Motion Hearing set for 11/17/ :00 PM before Hon. Claudia Wilken. Motion Hearing set for 2/16/ :00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 9/22/2011. (ndr, COURT STAFF) (Filed on 9/22/2011) (Entered: 09/22/2011) 10/26/ STIPULATION to Extend Deadline and (Proposed) Order by Deno Milano, Interstate Battery System International Inc, Interstate Battery System of America Inc. (Gibbs, Eric) (Filed on 10/26/2011) Modified on 10/27/2011 (cp, COURT STAFF). (Entered: 10/26/2011) 10/31/ Separate Memorandum of Defendants in Support of Preliminary Approval of Class Action Settlement filed by Interstate Battery System International Inc, Interstate Battery System of America Inc. (Stewart, Craig) (Filed on 10/31/2011) Modified on 11/1/2011 (kc, COURT STAFF). (Entered: 10/31/2011) 10/31/ MOTION for Preliminary Approval of Class Settlement PLAINTIFFS NOTICE OF MOTION AND MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT filed by Deno Milano. Motion Hearing set for 11/17/ :00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 11/14/2011. Replies due by 11/21/2011. (Gibbs, Eric) (Filed on 10/31/2011) Modified on 11/1/2011 (kc, COURT STAFF). (Entered: 10/31/2011) 10/31/ Memorandum in Support of 51 MOTION for Preliminary Approval of Class Settlement filed by Deno Milano. (Related document(s) 51 ) (Gibbs, Eric) (Filed on 10/31/2011) Modified on 11/1/2011 (kc, COURT STAFF). (Entered: 10/31/2011) 10/31/ Declaration of Eric H. Gibbs in Support of 51 MOTION for Preliminary Approval of Class Settlement filed by Deno Milano. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Related document(s) 51 ) (Gibbs, Eric) (Filed on 10/31/2011) Modified on 11/1/2011 (kc, COURT STAFF). (Entered: 10/31/2011) 10/31/ Declaration of JENNIFER KEOUGH in Support of 51 MOTION for Preliminary Approval of Class Settlement filed by Deno Milano. (Related document(s) 51 )

9 9 of 14 1/12/ :53 AM (Gibbs, Eric) (Filed on 10/31/2011) Modified on 11/1/2011 (kc, COURT STAFF). (Entered: 10/31/2011) 10/31/ Proposed Order re 51 MOTION for Preliminary Approval of Class Settlement by Deno Milano. (Gibbs, Eric) (Filed on 10/31/2011) Modified on 11/1/2011 (kc, COURT STAFF). (Entered: 10/31/2011) 11/02/ ORDER Granting 49 Stipulation to Extend Deadline. Signed by Judge Claudia Wilken on 11/2/2011. (ndr, COURT STAFF) (Filed on 11/2/2011) (Entered: 11/02/2011) 11/15/ Defendants' Certification of Serving CAFA Notice by Interstate Battery System International Inc, Interstate Battery System of America Inc(Attachments: # 1 Exhibit A-E)(Stewart, Craig) (Filed on 11/15/2011) Modified on 11/16/2011 (cp, COURT STAFF). (Entered: 11/15/2011) 11/15/ Declaration of HONORABLE WILLIAM J. CAHILL in Support of 51 MOTION for Preliminary Approval of Class Settlement filed bydeno Milano. (Related document(s) 51 ) (Gibbs, Eric) (Filed on 11/15/2011) (Entered: 11/15/2011) 11/17/ Minute Entry: Motion Hearing held on 11/17/2011 before Claudia Wilken (Date Filed: 11/17/2011). (Court Reporter Sarah Goeckler.) (ndr, COURT STAFF) (Date Filed: 11/17/2011) (Entered: 11/21/2011) 11/22/ NOTICE OF INTENDED ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT. Signed by Judge Claudia Wilken on 11/22/2011. (ndr, COURT STAFF) (Filed on 11/22/2011) (Entered: 11/22/2011) 11/22/ JOINT NOTICE OF NON-OBJECTION TO INTENDED ORDER GRANTING PRELIMINARY APPROVAL OF CLASS SETTLEMENT by Deno Milano, Interstate Battery System International Inc., Interstate Battery System of America Inc. re 60 Order. (Gibbs, Eric) (Filed on 11/22/2011) Modified on 11/23/2011 (kc, COURT STAFF). (Entered: 11/22/2011) 12/01/ ORDER by Judge Claudia Wilken granting 51 PRELIMINARY APPROVAL OF CLASS SETTLEMENT.(ndr, COURT STAFF) (Filed on 12/1/2011) (Entered: 12/01/2011) 12/21/ STIPULATION to Extend Deadlines and (Proposed) Order by Deno Milano, Interstate Battery System International Inc, Interstate Battery Systems of America Inc. (Gibbs, Eric) (Filed on 12/21/2011) Modified on 12/22/2011 (cp, COURT STAFF). (Entered: 12/21/2011) 12/22/ ORDER Granting 63 Stipulation to Extend Deadlines. Signed by Judge Claudia Wilken on 12/22/2011. (ndr, COURT STAFF) (Filed on 12/22/2011) (Entered: 12/22/2011) 01/18/2012 Set Deadlines/Hearings: Motion Hearing/Fairness Hearing set for 3/8/ :00 PM before Hon. Claudia Wilken. See Docket No. 62. (ndr, COURT STAFF) (Filed on 1/18/2012) (Entered: 01/18/2012) 01/27/ STIPULATION WITH PROPOSED ORDER SETTING DATE AND JOINT STATUS REPORT filed by Deno Milano, Interstate Battery System of America Inc,

10 10 of 14 1/12/ :53 AM Interstate Battery System International Inc. (Gibbs, Eric) (Filed on 1/27/2012) Modified on 1/30/2012 (cp, COURT STAFF). (Entered: 01/27/2012) 01/30/ ORDER Granting 65 STIPULATION SETTING DATE AND JOINT STATUS REPORT. Motions due by 2/8/2012. Motion Hearing set for 3/8/ :00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 1/30/2012. (ndr, COURT STAFF) (Filed on 1/30/2012) (Entered: 01/30/2012) 02/06/ STIPULATION WITH PROPOSED ORDER to Extend Deadline filed by Deno Milano, Interstate Battery System of America Inc, Interstate Battery System International Inc. (Gibbs, Eric) (Filed on 2/6/2012) Modified on 2/7/2012 (cp, COURT STAFF). (Entered: 02/06/2012) 02/16/ Separate Memorandum of Defendants in Support of New Preliminary Approval of Class Action Settlement filed byinterstate Battery System International Inc, Interstate Battery System of America Inc. (Stewart, Craig) (Filed on 2/16/2012) Modified on 2/17/2012 (cp, COURT STAFF). (Entered: 02/16/2012) 02/16/ MOTION for Settlement PRELIMINARY APPROVAL OF AMENDED SETTLEMENT filed by Deno Milano. Motion Hearing set for 3/8/ :00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 3/1/2012. Replies due by 6/7/2012. (Gibbs, Eric) (Filed on 2/16/2012) (Entered: 02/16/2012) 02/16/ MEMORANDUM of points and authorities in support of re 69 MOTION for Settlement PRELIMINARY APPROVAL OF AMENDED SETTLEMENT filed bydeno Milano. (Related document(s) 69 ) (Gibbs, Eric) (Filed on 2/16/2012) Modified on 2/17/2012 (cp, COURT STAFF). (Entered: 02/16/2012) 02/16/ Declaration of Eric H. Gibbs in Support of 69 MOTION for Settlement PRELIMINARY APPROVAL OF AMENDED SETTLEMENT filed bydeno Milano. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Related document(s) 69 ) (Gibbs, Eric) (Filed on 2/16/2012) (Entered: 02/16/2012) 02/16/ Proposed Order re 69 MOTION for Settlement PRELIMINARY APPROVAL OF AMENDED SETTLEMENT by Deno Milano. (Gibbs, Eric) (Filed on 2/16/2012) (Entered: 02/16/2012) 02/21/ Order granting 67 Stipulation entered by Hon. Claudia Wilken. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 02/21/2012) 02/22/2012 Set/Reset Deadlines as to 69 MOTION for Settlement PRELIMINARY APPROVAL OF AMENDED SETTLEMENT. Responses due by 3/1/2012. Replies due by 3/8/2012. (ndr, COURT STAFF) (Filed on 2/22/2012) (Entered: 02/22/2012) 03/02/ CERTIFICATE of Counsel Defendants' Certification of Serving New CAFA Notice by Craig Ellsworth Stewart on behalf of Interstate Battery System International Inc, Interstate Battery System of America Inc (Attachments: # 1 Exhibit 1 and 2)(Stewart, Craig) (Filed on 3/2/2012) (Entered: 03/02/2012)

11 11 of 14 1/12/ :53 AM 03/08/ ORDER by Judge Claudia Wilken Granting 69 Motion for Preliminary Approval of Amended Class Settlement. (ndr, COURT STAFF) (Filed on 3/8/2012) (Entered: 03/08/2012) 03/08/ Minute Entry: Motion Hearing held on 3/8/2012 before Claudia Wilken (Date Filed: 3/8/2012). (Court Reporter Diane Skillman.) (ndr, COURT STAFF) (Date Filed: 3/8/2012) (Entered: 03/08/2012) 03/09/ ERRATA re 71 Declaration in Support, Declaration of Eric H. Gibbs In Support of Plaintiffs Motion for Preliminary Approval of Amended Class Settlement by Deno Milano. (Gibbs, Eric) (Filed on 3/9/2012) (Entered: 03/09/2012) 04/13/ MOTION for Attorney Fees, Expenses, and Service Award filed by Deno Milano. Motion Hearing set for 6/28/ :00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 4/27/2012. Replies due by 5/4/2012. (Gibbs, Eric) (Filed on 4/13/2012) (Entered: 04/13/2012) 04/13/ Declaration of Eric H. Gibbs in Support of 78 MOTION for Attorney Fees, Expenses, and Service Award filed bydeno Milano. (Related document(s) 78 ) (Gibbs, Eric) (Filed on 4/13/2012) (Entered: 04/13/2012) 04/13/ Declaration of Deno Milano in Support of 78 MOTION for Attorney Fees, Expenses, and Service Award filed bydeno Milano. (Related document(s) 78 ) (Gibbs, Eric) (Filed on 4/13/2012) (Entered: 04/13/2012) 04/13/ Proposed Order re 78 MOTION for Attorney Fees, Expenses, and Service Award by Deno Milano. (Gibbs, Eric) (Filed on 4/13/2012) (Entered: 04/13/2012) 04/26/ Statement of Non-Opposition to Named Plaintiff's 78 Motion for Attorneys' Fees, Expenses, and Service Award by Interstate Battery System International Inc, Interstate Battery System of America Inc. (Stewart, Craig) (Filed on 4/26/2012) Modified on 4/27/2012 (cp, COURT STAFF). (Entered: 04/26/2012) 05/04/ MOTION for Settlement Final Approval filed by Deno Milano. Motion Hearing set for 6/28/ :00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 5/18/2012. Replies due by 5/25/2012. (Gibbs, Eric) (Filed on 5/4/2012) (Entered: 05/04/2012) 05/04/ Declaration of Eric H. Gibbs in Support of 83 MOTION for Settlement Final Approval filed bydeno Milano. (Related document(s) 83 ) (Gibbs, Eric) (Filed on 5/4/2012) (Entered: 05/04/2012) 05/04/ Separate Memorandum in support of re 83 MOTION for Settlement Final Approval filed byinterstate Battery System International Inc, Interstate Battery System of America Inc. (Attachments: # 1 Exhibit A)(Related document(s) 83 ) (Stewart, Craig) (Filed on 5/4/2012) Modified on 5/7/2012 (cp, COURT STAFF). (Entered: 05/04/2012) 05/04/ Declaration of Jennifer M. Keough regarding implementation of notice of plan and administration under original and amended settlement agreements filed bydeno Milano. (Attachments: # 1 Exhibit A to C, # 2 Exhibit D - Part 1, # 3 Exhibit D - Part 2, # 4 Exhibit E to F, # 5 Exhibit G, # 6 Exhibit H - Part 1, # 7 Exhibit H - Part

12 12 of 14 1/12/ :53 AM 2, # 8 Exhibit I, # 9 Exhibit J - Part 1, # 10 Exhibit J - Part 2, # 11 Exhibit J - Part 3, # 12 Exhibit K)(Related document(s) 83 ) (Gibbs, Eric) (Filed on 5/4/2012) Modified on 5/7/2012 (cp, COURT STAFF). (Entered: 05/04/2012) 05/04/ STIPULATION Regarding the Definition of a Pro Rata Warranty filed by Deno Milano, Interstate Battery System of America Inc, Interstate Battery System International Inc. (Gibbs, Eric) (Filed on 5/4/2012) Modified on 5/7/2012 (cp, COURT STAFF). (Entered: 05/04/2012) 05/21/ OBJECTION to (re 83 MOTION for Settlement Final Approval, 78 MOTION for Attorney Fees, Expenses, and Service Award ) filed byobjector Wayne Barginear. (cps, COURT STAFF) (Filed on 5/21/2012) (Entered: 05/24/2012) 05/31/ STIPULATION WITH PROPOSED ORDER Regarding Objector Discovery and Reply filed by Deno Milano, Wayne Barginear, Interstate Battery System of America Inc, Interstate Battery System International Inc. (Gibbs, Eric) (Filed on 5/31/2012) Modified on 6/1/2012 (cp, COURT STAFF). (Entered: 05/31/2012) 06/01/ Order granting 89 Stipulation entered by Hon. Claudia Wilken. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 06/01/2012) 06/07/ Defendants' Memorandum in Response to Objections and Reply in Support of Final Approval (re 83 MOTION for Settlement Final Approval ) filed byinterstate Battery System International Inc, Interstate Battery System of America Inc. (Attachments: # 1 Exhibit A and B)(Stewart, Craig) (Filed on 6/7/2012) Modified on 6/8/2012 (cps, COURT STAFF). (Entered: 06/07/2012) 06/07/ REPLY (re 83 MOTION for Settlement Final Approval, 78 MOTION for Attorney Fees, Expenses, and Service Award ) filed bydeno Milano. (Gibbs, Eric) (Filed on 6/7/2012) (Entered: 06/07/2012) 06/07/ Declaration of Eric H. Gibbs in Support of 92 Reply to Opposition/Response Final Approval of Amended Class Action Settlement Agreement and Plaintiff's Fee Application filed bydeno Milano. (Related document(s) 92 ) (Gibbs, Eric) (Filed on 6/7/2012) (Entered: 06/07/2012) 06/07/ Proposed Order for Final Judgment by Deno Milano. (Gibbs, Eric) (Filed on 6/7/2012) (Entered: 06/07/2012) 06/07/ CERTIFICATE OF SERVICE by Deno Milano re 94 Proposed Order, 93 Declaration in Support, 92 Reply to Opposition/Response (Gibbs, Eric) (Filed on 6/7/2012) (Entered: 06/07/2012) 06/26/ SUPPLEMENTAL REPLY (re 83 MOTION for Settlement Final Approval, 78 MOTION for Attorney Fees, Expenses, and Service Award ) filed bydeno Milano. (Gibbs, Eric) (Filed on 6/26/2012) Modified on 6/27/2012 (cp, COURT STAFF). (Entered: 06/26/2012) 06/26/ Declaration of Eric H. Gibbs in Support of 96 Reply to Opposition/Response filed bydeno Milano. (Related document(s) 96 ) (Gibbs, Eric) (Filed on 6/26/2012) (Entered: 06/26/2012)

13 13 of 14 1/12/ :53 AM 06/26/ CERTIFICATE OF SERVICE by Deno Milano re 97 Declaration in Support, 96 Reply to Opposition/Response (Gibbs, Eric) (Filed on 6/26/2012) (Entered: 06/26/2012) 06/28/ Minute Entry: Motion Hearing held on 6/28/2012 before Claudia Wilken (Date Filed: 6/28/2012). (Court Reporter Diane Skillman.) (ndr, COURT STAFF) (Date Filed: 6/28/2012) (Entered: 07/02/2012) 07/02/ CORRECTED MOTION FOR ATTORNEYS' FEES, EXPENSES, AND SERVICE AWARD; ***(CORRECTING re 78 )*** by Deno Milano. (Gibbs, Eric) (Filed on 7/2/2012) Modified on 7/3/2012 (cps, COURT STAFF). Modified on 7/3/2012 (cps, COURT STAFF). (Entered: 07/02/2012) 07/02/ CORRECTED Declaration of Eric H. Gibbs in support of Motion for Attorneys' Fees, Expenses, and Service Award by Deno Milano. (Gibbs, Eric) (Filed on 7/2/2012) Modified on 7/3/2012 (cps, COURT STAFF). (Entered: 07/02/2012) 07/02/ Declaration of Eric H. Gibbs in Support of 83 MOTION for Settlement Final Approval, 78 MOTION for Attorney Fees, Expenses, and Service Award filed bydeno Milano. (Related document(s) 83, 78 ) (Gibbs, Eric) (Filed on 7/2/2012) (Entered: 07/02/2012) 07/02/ Proposed Order re 83 MOTION for Settlement Final Approval by Deno Milano. (Gibbs, Eric) (Filed on 7/2/2012) (Entered: 07/02/2012) 07/02/ Proposed Order re 100 CORRECTED Motion Awarding Attorneys' Fees Expenses and Service Award by Deno Milano. (Gibbs, Eric) (Filed on 7/2/2012) Modified on 7/3/2012 (cps, COURT STAFF). (Entered: 07/02/2012) 07/02/ CERTIFICATE OF SERVICE by Deno Milano re 103 Proposed Order, 104 Proposed Order, 100 Errata, 102 Declaration in Support, 101 Errata (Gibbs, Eric) (Filed on 7/2/2012) (Entered: 07/02/2012) 07/03/2012 Set/Reset Deadlines as to CORRECTED 100 MOTION for Attorney Fees, Expenses, and Service Award. Responses due by 4/27/2012. Replies due by 5/4/2012. Motion Hearing set for 6/28/ :00 PM before Hon. Claudia Wilken. (cps, COURT STAFF) (Filed on 7/3/2012) (Entered: 07/03/2012) 07/05/ Final Judgment and Order. (cwlc2, COURT STAFF) (Filed on 7/5/2012) (Entered: 07/05/2012) 07/05/ ORDER by Judge Claudia Wilken AWARDING ATTORNEYS' FEES, EXPENSES AND SERVICE AWARD (cwlc2, COURT STAFF) (Filed on 7/5/2012) (Entered: 07/05/2012) 07/16/ Transcript of Proceedings held on June 28, 2012, before Judge Claudia Wilken. Court Reporter Diane E. Skillman, Telephone number , Diane_Skillman@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than

14 14 of 14 1/12/ :53 AM 5 business days from date of this filing. Redaction Request due 8/6/2012. Redacted Transcript Deadline set for 8/16/2012. Release of Transcript Restriction set for 10/15/2012. (Skillman, Diane) (Filed on 7/16/2012) (Entered: 07/16/2012)