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Brower v. Welspun India, Ltd., 2:19-cv-00956-WBS-DB. (2019)

Court: District Court, E.D. California Number: infdco20190701845 Visitors: 20
Filed: Jun. 27, 2019
Latest Update: Jun. 27, 2019
Summary: STIPULATION TO STAY CASE ORDER WILLIAM B. SHUBB , District Judge . Plaintiffs Harold Brower, Judi Talili, and Ashley Mistler ("Plaintiffs") stipulate as follows: WHEREAS, Plaintiffs are parties to a related federal class action pending in the Southern District of New York, captioned In re Welspun Litigation, S.D.N.Y. Case No. 16-cv-06782-VB (the "SDNY Action"); WHEREAS, Welspun India Ltd. ("Welspun") also is a defendant in Hansen-Mitchell et al. v. Welspun USA, Inc. et al., Case No. 1
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STIPULATION TO STAY CASE ORDER

Plaintiffs Harold Brower, Judi Talili, and Ashley Mistler ("Plaintiffs") stipulate as follows:

WHEREAS, Plaintiffs are parties to a related federal class action pending in the Southern District of New York, captioned In re Welspun Litigation, S.D.N.Y. Case No. 16-cv-06782-VB (the "SDNY Action");

WHEREAS, Welspun India Ltd. ("Welspun") also is a defendant in Hansen-Mitchell et al. v. Welspun USA, Inc. et al., Case No. 19-L-391 (Cir. Ct. of Ill., 20th Judicial Circuit, St. Clair County, Ill.) (the "Hansen-Mitchell Action"), another related case where the parties entered into a class action settlement;

WHEREAS, the parties in this Action, the SDNY Action, and the Hansen-Mitchell Action desire a global resolution of all pending and future disputes and proceedings related to the claims against Welspun, and have executed the Agreement to Resolve Pending and Future Disputes attached as Exhibit 1 ("the Agreement");

WHEREAS, pursuant to the Agreement: (1) the plaintiffs in the Hansen-Mitchell Action will file an amended motion for preliminary approval of class settlement on or before July 1, 2019; (2) the parties in this Action agreed the Plaintiffs would stipulate that all activity and deadlines in this Action would be stayed pending approval of the settlement in the Hansen-Mitchell Action; and (3) if settlement is approved in the Hansen-Mitchell Action, Plaintiffs agreed to dismiss this Action with prejudice upon the Effective Date of the settlement;

WHEREAS, pursuant to the Agreement, if final approval of the Hansen-Mitchell settlement "does not occur for any reason, or if [it] is vacated, overturned, reversed, or rendered void as a result of an appeal, or the Hansen-Mitchell [Settlement] Agreement is voided, rescinded, or otherwise terminated for any reason, then this [A]greement shall be void" and Plaintiffs will resume litigating this Action.

NOW THEREFORE, pursuant to the parties' Agreement, Plaintiffs stipulate to stay all activity and deadlines in this Action at least until the Effective Date of the Hansen-Mitchell settlement agreement.

ORDER

IT IS SO ORDERED.

The September 30, 2019 Scheduling Conference is VACATED. The parties shall submit a joint status report no later than ten days after the Effective Date of the Hansen-Mitchell settlement agreement.

Source:  Leagle

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