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STIPULATION AND [PROPOSED] ORDER FURTHER CONTINUING CMC

CH1 5195405v.1

Sara B. Brody (SBN 130222)

sbrody@sidley.com

Ryan M. Sandrock (SBN 251781)

rsandrock@sidley.com

SIDLEY AUSTIN LLP

555 California Street

San Francisco, California 94104

Tel.: (415) 772-1200

Fax: (415) 772-7400

David B. Johnson (pro hac vice)

djohnson@sidley.com

Michael C. Andolina (pro hac vice)

mandolina@sidley.com

Andrianna D. Kastanek (pro hac vice)

akastanek@sidley.com

SIDLEY AUSTIN LLP

One South Dearborn Street

Chicago, Illinois 60603

Tel.: (312) 853-7000

Fax: (312) 853-7036

Attorneys For Defendant

AMERICAN HONDA MOTOR CO.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

Case No. 09-CV-00444 TEH

Assigned to: Hon. Thelton E. Henderson

STIPULATION AND [PROPOSED] ORDER 

FURTHER CONTINUING CASE 

MANAGEMENT CONFERENCE

LISA S. PRATI, on behalf of himself and all 

others similarly situated,

Plaintiffs,

v.

AMERICAN HONDA MOTOR CO., INC.,

Defendant.

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STIPULATION AND [PROPOSED] ORDER FURTHER CONTINUING CMC

3

CH1 5195405v.1

STIPULATION

WHEREAS, this action is one of two pending suits involving air conditioner condenser units 

of vehicles distributed by Defendant American Honda Motor Co., Inc. (“Defendant” or “Honda”). 

WHEREAS, on September 26, 2008, the first suit was filed against Honda, which suit 

remains pending as Alin v. American Honda Motor Co., Inc., No. 2:08-cv-4825 (“Alin”) in the 

United States District Court for the District of New Jersey. 

WHEREAS, on January 30, 2009, plaintiff Lisa S. Prati (“Plaintiff” or “Prati”) filed this suit 

against Honda. 

WHEREAS, on April 9, 2009, Honda filed a Motion To Stay Or Transfer Proceedings (the 

“Motion”), requesting that the Court stay this proceeding pending class certification proceedings in 

Alin, or, in the alternative, transfer this proceeding to the United States District Court for the District 

of New Jersey for consolidated proceedings with Alin. 

WHEREAS, on April 27, 2009, Plaintiff filed her first amended complaint.

WHEREAS, on May 15, 2009, Plaintiff filed her opposition to the Motion.

WHEREAS, Honda has filed a motion to dismiss in Alin, which has been fully-briefed and 

argued.

WHEREAS, on June 2, 2009, Plaintiff and Honda (the “Parties”) filed a stipulation 

requesting that this matter be stayed pending resolution of the motion to dismiss in Alin.

WHEREAS, as it had previously on June 3, 2009 and September 11, 2009, on November 10, 

2009, in light of the pending motion in Alin and at the request of the parties, the Court entered an 

order continuing the Case Management Conference. 

WHEREAS, the Court’s November 10, 2009 order continued the Case Management 

Conference until February 22, 2010, and stated that “Upon good cause being shown, the parties may 

stipulate to change this date forward or back.”

WHEREAS, on December 18, 2009, the United States District Court for the District of New 

Jersey heard oral argument on the motion to dismiss in Alin. 

WHEREAS, the parties are also currently attempting to schedule a mediation of these 

matters. 

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STIPULATION AND [PROPOSED] ORDER FURTHER CONTINUING CMC

CH1 5195405v.1

WHEREAS, the Parties stipulate that the pendency of the motion to dismiss in Alin and the 

possibility of mediation in the same constitutes good cause, they further stipulate that the Case 

Management Conference should be continued until May 24, 2010 or another date convenient to the 

Court. 

WHEREAS, the Parties further stipulate that the deadline to file the Joint Case Management 

Statement shall be stricken. 

WHEREAS, the Parties further stipulate that, upon good cause being shown, they may 

stipulate to change the May 24, 2010 date forward or back.

WHEREAS, the Parties further stipulate that they each reserve their respective rights to 

request or oppose transfer of the action to the United States District Court for the District of New 

Jersey for consolidated proceedings with Alin. 

THEREFORE, IT IS STIPULATED AND AGREED by the Parties, through their respective 

counsel of record, as follows:

1. The pendency of the motion to dismiss in Alin and the possibility of mediation in the 

same constitutes good cause for continuing the Case Management Conference set for February 22, 

2010.

2. The Case Management Conference set for February 22, 2010 shall be continued until 

May 24, 2010.

3. The deadline to file the Joint Case Management Statement shall be stricken. 

4. Upon good cause being shown, the Parties may stipulate to change the May 24, 2010 

date forward or back.

5. The Parties each reserve their respective rights to request or oppose transfer of the 

action to the United States District Court for the District of New Jersey for consolidated proceedings 

Case 3:09-cv-00444-TEH Document 61 Filed 02/17/10 Page 3 of 4
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STIPULATION AND [PROPOSED] ORDER FURTHER CONTINUING CMC

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with Alin. 

IT IS SO STIPULATED. 

Dated: February 12, 2010 SIDLEY AUSTIN LLP

By: /s/ Ryan M. Sandrock

Attorneys for Defendant

American Honda Motor Co., Inc.

Dated: February 12, 2010

GOODIN, MACBRIDE, SQUERI, DAY & 

LAMPREY, LLP

By: /s/ Wayne T. Lamprey

Attorneys For Plaintiff Lisa S. Prati

PURSUANT TO STIPULATION, IT IS SO ORDERED.

PROPOSED] ORDER

DATED:_____________________ _________________________________________

THE HONORABLE THELTON E. HENDERSON

United States District Judge

The parties shall file a joint case management statement or stipulation and 

proposed order to continue the case management conference on or before May 

17, 2010. 02/16/10

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

Judge Thelton E. Henderson

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