Free Ex Parte Application - District Court of California - California

Case 3:07-cv—O2580—TEH Document 24 Filed O8/O2/2007 Page 1 of 3
1 SEDGWICK, DETER, MORAN & ARNOLD LLP
MICKI S. SINGER Bar No. 148699
2 [email protected]
DENNIS E. RAGLIN Bar N0. 179261
3 One Market Plaza
Steuart Tower, 8m Floor
4 San Francisco, CA 94105
Telephone: (415) 781-7900
5 Facsimile: (415) 781-2635
6 SEDGWICK, DETERT, MORAN & ARNOLD LLP
JACQUELINE M. JAUREGUI Bar No. 095289
7 [email protected]
AMAND K. MINES Bar No. 155195
8 [email protected]
801 South Figueroa Street, 18th Floor
9 Los Angeles, California 90017-5556
Telephone: (213) 426-6900
10 Facsimile: (213) 426-6921
1 1 Attorneys for Defendants
GENERAL MOTORS CORPORATION AND ONSTAR CORPORATION
12
13 UNITED STATES DISTRICT COURT
14 FOR THE NORTHERN DISTRICT OF CALIFORNIA
15
16 MARGARET A. GONZALES and BILLY
Jos 1>ArroN, JR., On behalf or Cm N0 0 07 2500 THE
17 themselves and all others similarly situated,
,8 md °“ ‘°°ha“’°*’*h€ g°“""“l Pubns EX PARTE APPLICATION Fon 01101111
SHORTENING TIME TO HEAR MOTION TO
19 Plaintiffs, STAY PROCEEDINGS PENDING RULING
BY MDL PANEL TO CONSOLIDATE;
20 V DECLARATION OF MICKI S. SINGER;
` PROPOSED ORDER
2l GENERAL MOTORS CORPORATION, a
22 Delaware Corporation, and ONSTAR
CORPORATION, a Delaware Corporation,
23
Defendants.
24
25 I. INTRODUCTION
26 Defendants General Motors Corporation and OnStar Corporation (“Defendants") hereby
27 submit this Ex Parte Application for an Order Shortening Time To Hear its Motion to Stay
28 Proceedings, which is filed concurrently herewith. In support of this application, Defendants also
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Ex Pimra Apmcmiou ron ORDER SHORTENING C-D7-2580 TEH
$1%*338*9** Tim; WITHIN WHICH ro HEAR Morton ro STAY

Case 3:07-cv—O2580—TEH Document 24 Filed O8/O2/2007 Page 2 of 3
1 concurrently submit a supporting Declaration of Micki S, Singer and a proposed order shortening
2 time. This Ex Parts application is made pursuant to Local Rule 7-10 and FRCP Rule 6(b) and (d),
3 which gives the Court discretion via ex parte application to have motions heard on shortened time
4 and to adjust time deadlines in a given case.
5 II. GOOD CAUSE EXISTS TO SHORTEN TIME
6
7 There are ll suits in 5 different judicial districts which allege claims arising out of the
8 same factual background as this suit before this Court. Defendants have filed, pursuant to 28
9 U.S.C. §l407, a Motion for Transfer of Actions to a Single District for Consolidated and
10 Coordinated Pretrial Proceedings. That Motion was heard on July 26, 2007. Defendants believe
ll that the parties and the Court’s resources will be best preserved by staying this action pending a
12 ruling by the MDL Panel on the Motion. Defendants expect a ruling shortly.
13 Defendants submit that good cause exists to allow Defendants’ Motion to Stay on
14 shortened time because, as the parties await the MDL Court’s decision on the pending Motion to
15 Transfer, certain deadlines set by the Court in this action are rapidly approaching. In this regard,
16 the parties are to conduct a Rule 26(D conference by August 6, 2007, and the Court has set a
17 status conference as well as a hearing on Defendants’ Motion to Dismiss for August 27, 2007.
18 Plaintiffs’ response to Defendants’ Motion to Dismiss is currently due on August 6, 2007. In
19 order to not waste the time and resources of the Court and the parties should the MDL Panel grant
20 the pending Motion to Consolidate, Defendants’ Motion to Stay this action pending a ruling by the
21 MDL Panel must be heard on shortened time.
22 On July 31, 2007, counsel for Defendants asked Plaintiffs’ counsel to stipulate to a stay of
23 proceedings in this matter and/or to have Defendants’ Motion to Stay heard on Shortened Time.
24 Counsel for Plainitffs declined to stipulate. Attached to the concurrently-filed Declaration of
25 Micki S. Singer is a true and correct copy of the e-mail sent by Defendants’ counsel and Plaintiffs’
26 counsel’s e-mail refusing to stipulate..
27 III. CONCLUSION
28 Accordingly, Defendants request the Court grant its Ex Parte Application and order the
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Ex mizrr: Amicxrion FOR ORDER suonmvme C-07-2580 TE1-I
SF' 14338**4 rm Wirnm wriicn ro HEAR Morrow TO suv

Case 3:07-ov—O2580—TEH Document 24 Filed O8/O2/2007 Page 3 of 3
1 time for the Motion to Stay be shortened so that it be set for hearing on August 9, 2007 with
2 Plaintiffs’ opposition to be tiled on August 7, 2007. Defendants waive a reply.
3 DATED: August 2, 2007 SEDGWICK, DETERT, MORAN & ARNOLD LLP
4 > 2/ I
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5 By: Q; l
Mi inger M}
6 Dennis E. Ragli ·
Attorneys for D • nts General Motors
7 Corporation and OI'lSll3I' Corporation .
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EXPARTE Amicmon ron owen snonmwmo C-07-2580 TEH
SW *433819** ttm www www to HEAR Mmm TO suv

Case 3:07-cv-02580-TEH

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