1 of 14 1/12/2017 11:53 AM ADRMOP,CLOSED,E-Filing,PROTO,PRVADR U.S. District Court California Northern District (Oakland) CIVIL DOCKET FOR CASE #: 4:10-cv-02125-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 505 14th Street, Ste. 1110 Oakland, CA 94612 510-350-9700 Fax: 510-350-9701 Email: ehg@classlawgroup.com LEAD ATTORNEY David K. Stein Girard Gibbs LLP 601 California Street, 14th Floor San Francisco, CA 94108 415-981-4800 Email: ds@girardgibbs.com Philip Buckle Obbard Girard Gibbs LLP 601 California Street 14th Floor San Francisco, CA 94108 415-981-4800 Fax: 415-981-4846 Email: pbo@girardgibbs.com V. Defendant
2 of 14 1/12/2017 11:53 AM Interstate Battery System of America Inc represented by Matthew Gordon Ball K&L Gates LLP Four Embarcadero Center Suite 1200 San Francisco, CA 94111 (415) 882-8200 Fax: (415) 882-8220 Email: matthew.ball@klgates.com LEAD ATTORNEY Robert Allan Mittelstaedt Jones Day 555 California Street, 26th Floor San Francisco, CA 94104 (415) 626-3939 Fax: (415) 875-5700 Email: ramittelstaedt@jonesday.com LEAD ATTORNEY Andrew Omprakash Wirmani, Jones Day 2727 N. Harwood Street Dallas, TX 75201-1515 214-969-2970 Fax: Email: aowirmani@jonesday.com PRO HAC VICE Craig Ellsworth Stewart Jones Day 555 California Street, 26th Floor San Francisco, CA 94104 (415) 626-3939 Fax: (415) 875-5700 Email: cestewart@jonesday.com Jerome R. Doak Attorney at Law Jones Day 2727 North Harwood St. Dallas, TX 75201-1515 214-969-2977 Fax: 214-969-5100
3 of 14 1/12/2017 11:53 AM Email: jrdoak@jonesday.com 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 75214 463-531-3313 LEAD ATTORNEY Date Filed # Docket Text 05/18/2010 1 COMPLAINT; Jury Demand against Interstate Battery System International Inc, Interstate Battery System of America Inc ( Filing fee $ 350, receipt number 34611045940.). Filed bydeno Milano. (Attachments: # 1 Civil Cover Sheet)(cp, COURT STAFF) (Filed on 5/18/2010) (Entered: 05/20/2010) 05/18/2010 2 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 of 14 1/12/2017 11:53 AM 05/18/2010 3 Certificate of Interested Entities by Deno Milano (cp, COURT STAFF) (Filed on 5/18/2010) (Entered: 05/20/2010) 05/18/2010 4 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) 05/18/2010 5 ADR SCHEDULING ORDER: Case Management Statement due by 8/31/2010. Case Management Conference set for 9/7/2010 02:00 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) 05/25/2010 6 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) 05/25/2010 7 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) 05/28/2010 8 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) 06/01/2010 9 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) 07/08/2010 10 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) 07/09/2010 11 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) 07/12/2010 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) 07/14/2010 14 MOTION for leave to appear in Pro Hac Vice as to Jerome R. Doak ( Filing fee $ 210, receipt number 34611048143.) 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 of 14 1/12/2017 11:53 AM 07/14/2010 15 MOTION for leave to appear in Pro Hac Vice as to Andrew O. Wirmani ( Filing fee $ 210, receipt number 34611048142.) 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) 07/16/2010 13 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) 07/21/2010 16 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) 07/21/2010 17 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) 07/22/2010 18 NOTICE of Appearance by Robert Allan Mittelstaedt (Mittelstaedt, Robert) (Filed on 7/22/2010) (Entered: 07/22/2010) 08/16/2010 19 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) 08/16/2010 20 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) 08/17/2010 21 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Stewart, Craig) (Filed on 8/17/2010) (Entered: 08/17/2010) 08/17/2010 22 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Obbard, Philip) (Filed on 8/17/2010) (Entered: 08/17/2010) 08/17/2010 23 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) 08/24/2010 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) 08/31/2010 25 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 of 14 1/12/2017 11:53 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) 09/07/2010 28 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 5/12/2011 02:00 PM. Motion Hearing set for 5/12/2011 02:00 PM. (Court Reporter Raynee Mercado.) (ndr, COURT STAFF) (Date Filed: 9/7/2010) (Entered: 09/13/2010) 09/08/2010 26 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) 09/09/2010 27 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) 09/24/2010 29 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) 09/29/2010 30 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) 10/29/2010 31 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) 11/02/2010 32 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) 02/10/2011 33 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) 02/15/2011 34 ORDER Granting 33 Stipulation to Extend Deadlines. Case Management Statement due by 6/9/2011. Further Case Management Conference set for 6/16/2011 02:00 PM. Motion Hearing set for 6/16/2011 02:00 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 of 14 1/12/2017 11:53 AM 03/08/2011 35 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) 03/09/2011 36 ORDER Granting 35 Stipulation TO EXTEND DEADLINES. Case Management Statement due by 7/7/2011. Case Management Conference set for 7/14/2011 02:00 PM. Motion Hearing set for 7/14/2011 02:00 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) 04/15/2011 37 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) 04/18/2011 38 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) 06/06/2011 39 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) 06/07/2011 40 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 7/28/2011 02:00 PM. Motion Hearing set for 7/28/2011 02:00 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) 07/05/2011 41 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) 07/07/2011 42 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 8/25/2011 02:00 PM. Motion Hearing set for 8/25/2011 02:00 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) 08/01/2011 43 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) 08/12/2011 44 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 of 14 1/12/2017 11:53 AM 08/12/2011) 08/19/2011 45 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) 08/25/2011 46 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 10/13/2011 02:00 PM before Hon. Claudia Wilken. Motion Hearing set for 1/12/2012 02:00 PM before Hon. Claudia Wilken. (Court Reporter Diane Skillman.) (ndr, COURT STAFF) (Date Filed: 8/25/2011) (Entered: 08/30/2011) 09/21/2011 47 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) 09/22/2011 48 ORDER Granting 47 Stipulation to Extend Deadline. Motions due by 10/27/2011. Motion Hearing set for 11/17/2011 02:00 PM before Hon. Claudia Wilken. Motion Hearing set for 2/16/2012 02:00 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) 10/26/2011 49 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) 10/31/2011 50 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) 10/31/2011 51 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 11/17/2011 02:00 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) 10/31/2011 52 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) 10/31/2011 53 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) 10/31/2011 54 Declaration of JENNIFER KEOUGH in Support of 51 MOTION for Preliminary Approval of Class Settlement filed by Deno Milano. (Related document(s) 51 )
9 of 14 1/12/2017 11:53 AM (Gibbs, Eric) (Filed on 10/31/2011) Modified on 11/1/2011 (kc, COURT STAFF). (Entered: 10/31/2011) 10/31/2011 55 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) 11/02/2011 56 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) 11/15/2011 57 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) 11/15/2011 58 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) 11/17/2011 59 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) 11/22/2011 60 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) 11/22/2011 61 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) 12/01/2011 62 ORDER by Judge Claudia Wilken granting 51 PRELIMINARY APPROVAL OF CLASS SETTLEMENT.(ndr, COURT STAFF) (Filed on 12/1/2011) (Entered: 12/01/2011) 12/21/2011 63 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) 12/22/2011 64 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 3/8/2012 02:00 PM before Hon. Claudia Wilken. See Docket No. 62. (ndr, COURT STAFF) (Filed on 1/18/2012) (Entered: 01/18/2012) 01/27/2012 65 STIPULATION WITH PROPOSED ORDER SETTING DATE AND JOINT STATUS REPORT filed by Deno Milano, Interstate Battery System of America Inc,
10 of 14 1/12/2017 11:53 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) 01/30/2012 66 ORDER Granting 65 STIPULATION SETTING DATE AND JOINT STATUS REPORT. Motions due by 2/8/2012. Motion Hearing set for 3/8/2012 02:00 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) 02/06/2012 67 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) 02/16/2012 68 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) 02/16/2012 69 MOTION for Settlement PRELIMINARY APPROVAL OF AMENDED SETTLEMENT filed by Deno Milano. Motion Hearing set for 3/8/2012 02:00 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) 02/16/2012 70 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) 02/16/2012 71 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) 02/16/2012 72 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) 02/21/2012 73 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) 03/02/2012 74 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 of 14 1/12/2017 11:53 AM 03/08/2012 75 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) 03/08/2012 76 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) 03/09/2012 77 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) 04/13/2012 78 MOTION for Attorney Fees, Expenses, and Service Award filed by Deno Milano. Motion Hearing set for 6/28/2012 02:00 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) 04/13/2012 79 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) 04/13/2012 80 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) 04/13/2012 81 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) 04/26/2012 82 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) 05/04/2012 83 MOTION for Settlement Final Approval filed by Deno Milano. Motion Hearing set for 6/28/2012 02:00 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) 05/04/2012 84 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) 05/04/2012 85 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) 05/04/2012 86 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 of 14 1/12/2017 11:53 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) 05/04/2012 87 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) 05/21/2012 88 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) 05/31/2012 89 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) 06/01/2012 90 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) 06/07/2012 91 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) 06/07/2012 92 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) 06/07/2012 93 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) 06/07/2012 94 Proposed Order for Final Judgment by Deno Milano. (Gibbs, Eric) (Filed on 6/7/2012) (Entered: 06/07/2012) 06/07/2012 95 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) 06/26/2012 96 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) 06/26/2012 97 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 of 14 1/12/2017 11:53 AM 06/26/2012 98 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) 06/28/2012 99 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) 07/02/2012 100 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) 07/02/2012 101 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) 07/02/2012 102 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) 07/02/2012 103 Proposed Order re 83 MOTION for Settlement Final Approval by Deno Milano. (Gibbs, Eric) (Filed on 7/2/2012) (Entered: 07/02/2012) 07/02/2012 104 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) 07/02/2012 105 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 6/28/2012 02:00 PM before Hon. Claudia Wilken. (cps, COURT STAFF) (Filed on 7/3/2012) (Entered: 07/03/2012) 07/05/2012 106 Final Judgment and Order. (cwlc2, COURT STAFF) (Filed on 7/5/2012) (Entered: 07/05/2012) 07/05/2012 107 ORDER by Judge Claudia Wilken AWARDING ATTORNEYS' FEES, EXPENSES AND SERVICE AWARD (cwlc2, COURT STAFF) (Filed on 7/5/2012) (Entered: 07/05/2012) 07/16/2012 108 Transcript of Proceedings held on June 28, 2012, before Judge Claudia Wilken. Court Reporter Diane E. Skillman, Telephone number 510-451-2930, 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 of 14 1/12/2017 11:53 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)