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Stipulation Staying Proceedings

Case No. 4:17-CV-00018-YGR 

 

Herman Franck, Esq. (SB #123476)

Elizabeth Betowski, Esq. (SB #245772) 

FRANCK & ASSOCIATES 

910 Florin Road, Suite 212 

Sacramento, CA 95831 

Tel. (916) 447-8400 

Fax (916) 447-0720 

Janet Varnell, Esq. 

Brian Warwick, Esq. 

David Lietz, Esq. 

Varnell & Warwick, P.A 

Complex Consumer Litigation 

P.O. Box 1870 

Lady Lake, FL 32158 

Telephone: 352-753-8600; 

Fax: 352-504-3301 

bwarwick@varnellandwarwick.com 

ivarnellavarnellandwarwiek.com 

Attorneys for Plaintiffs 

Steve Ferrari, Mike Keynejad et al. 

Regina M. Rodriguez (pro hac vice) 

HOGAN LOVELLS US LLP 

4085 Campbell Avenue, Suite 100 

Menlo Park, CA 94025 

Tel: (303) 899-7338 

Fax: (303) 899-7333 

Regina.rodriguez@hoganlovells.com 

Attorneys for Defendant 

Mercedes-Benz USA, LLC 

Bruce Nye, Esq. (SBN 77608) 

Monica J. Baumann, Esq. (SBN 269514) 

Jade F. Jurdi, Esq. (SBN 273401) 

SCALI RASMUSSEN 

1901 Harrison Street, 14th Floor 

Oakland, California 94612 

Phone No.: (510) 248-4755 

Fax No.: (213) 239-5623 

bnye@scalilaw.com 

mbaumann@scalilaw.com 

jjurdi@scalilaw.com 

Daniel F. Katz (pro hac vice) 

F. Greg Bowman (pro hac vice) 

Juli Ann Lund (pro hac vice) 

Mary Beth Hickcox-Howard (pro hac vice) 

WILLIAMS & CONNOLLY LLP 

725 12th St. NW 

Washington, DC 20001 

Phone No.: (202) 434-5000 

Fax No.: (202) 434-5029 

dkatz@wc.com 

jlund@wc.com 

mhickcox-howard@wc.com 

Attorneys for Defendants 

AUTOBAHN, INC. and SONIC 

AUTOMOTIVE, INC 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

STEVE FERRARI, et al., 

Plaintiffs, 

v. 

AUTOBAHN, INC. DBA AUTOBAHN 

MOTORS; MERCEDES-BENZ USA, LLC; 

AND SONIC AUTOMOTIVE, INC. 

Defendants. 

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Case No. 4:17-CV-00018-YGR 

STIPULATION AND [PROPOSED] 

ORDER STAYING PROCEEDINGS TO 

PERMIT FURTHER MEDIATION 

The Honorable Yvonne Gonzalez Rogers 

ORDER GRANTING AS MODIFIED BY THE COURT 
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- 1 - Stipulation Staying Proceedings

Case No. 4:17-CV-00018-YGR 

 

WHEREAS, Plaintiffs in the above-named action have filed suit against Defendants 

Autobahn, Inc., Sonic Automotive, Inc. (collectively, “the Autobahn Defendants”), and 

Mercedes-Benz USA, LLC (“MBUSA”); 

WHEREAS, Plaintiffs filed their Third Amended Complaint on February 6, 2018; 

WHEREAS, Defendants’ deadline to respond to the Third Amended Complaint is 

February 27, 2018; 

WHEREAS, on November 8, 2017, the parties participated in a mediation session with 

retired Judge Raul Ramirez of ADR Services, Inc.; 

WHEREAS, Plaintiffs and the Autobahn Defendants have engaged in further settlement 

discussions subsequent to the November mediation session; 

WHEREAS, Plaintiffs and the Autobahn Defendants believe that negotiations have 

progressed to a point where a further mediation session with Judge Ramirez will be productive; 

WHEREAS, Plaintiffs and the Autobahn Defendants have agreed upon a framework for 

further discussions in a second mediation session before Judge Ramirez that would address all 

claims against the Autobahn Defendants as well as potentially narrow the scope of the claims 

remaining against MBUSA; 

WHEREAS, Plaintiffs and the Autobahn Defendants have agreed to schedule a further 

mediation session with Judge Ramirez in Sacramento on March 9, 2018, which is the first 

available date on Judge Ramirez’s calendar; 

WHEREAS, in light of the above, the parties agree and respectfully request that all nonsettlement related proceedings, including the deadline for Defendants to respond to the Third 

Amended Complaint, should be stayed pending the conclusion of the further mediation, to permit 

the parties to focus their efforts on seeking to resolve and/or narrow the claims in this action. 

NOW THEREFORE, ALL PARTIES, BY AND THROUGH THEIR UNDERSIGNED 

COUNSEL hereby stipulate and respectfully request that: 

1. All non-settlement proceedings, including the deadline for Defendants to respond 

to the Third Amended Complaint, shall be stayed until further Order of the Court. 
HOGAN LOVELLS US

LLP 

ATTORNEYS AT LAW

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- 2 - 

Case No. 4:17-CV-00018-YGR 

 

2. The Case Management Conference set for March 26, 2019 shall be taken off 

calendar. 

3. The parties shall submit a status report to the Court on the earlier of: April 9, 2018 

or five days after agreeing on resolution of some or all of the claims in the case. 

4. Any party wishing to lift the stay of proceedings may file a request with the Court 

seeking such relief. 

IT IS SO STIPULATED. 

Dated: February 21, 2018 HOGAN LOVELLS US LLP 

By: /s/ Regina M. Rodriguez 

 REGINA M. RODRIGUEZ 

Attorneys for Defendants 

Mercedes-Benz USA, LLC 

Dated: February 21, 2018 VARNELL & WARWICK, P.A. 

By: /s/ David Lietz 

 DAVID LIETZ 

Attorneys for Plaintiffs 

STEVE FERRARI 

 MICHAEL KEYNEJAD, ET AL. 

Dated: February 21, 2018 WILLIAMS & CONNOLLY LLP 

By: /s/ F. Greg Bowman 

 F. GREG BOWMAN 

Attorneys for Defendants 

AUTOBAHN, INC. and SONIC AUTOMOTIVE 

INC. 

Date: ___________, 2018 

YVONNE GONZALEZ ROGERS 

United States District Judge 

ORDER

Pursuant to stipulation, this action is stayed through April 30, 2018. The March 26, 2018 case 

management conference is VACATED. A compliance hearing regarding the status of settlement is 

set for April 27, 2018, on the Court's 9:01 a.m. calendar. The parties shall file a joint statement 

regarding the status of their negotiations no later than April 20, 2018. 

IT IS SO ORDERED. February 26