Pecover et al v. Electronic Arts Inc.

Filing 35

STIPULATION AND ORDER EXTENDING TIME FOR MOTION FOR CLASS CERTIFICATION AND OTHER CASE DEADLINES re 33 , 34 filed by Jeffrey Lawrence, Geoffrey Pecover. The deadline for Plaintiffs'to file motion for class certification is extended from 3/5/ 2009 to 6/3/2009. Defendant's opposition to motion for class certification is due 8/5/2009. The hearing on the Motion for Class Certification is set for 9/10/2009 at 2:30 PM. Jury Selection is reset to 12/8/2009 at 8:30 AM. Jury Trial is rescheduled to begin 12/14/2009 at 8:30 AM. Signed by Chief Judge Vaughn R Walker on 2/24/2009. (cgk, COURT STAFF) (Filed on 2/24/2009)

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Case 3:08-cv-02820-VRW Document 34 Filed 02/23/2009 Page 1 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Shana E. Scarlett (217895) HAGENS BERMAN SOBOL SHAPIRO LLP 715 Hearst Avenue, Suite 202 Berkeley, CA 94710 Telephone: (510) 725-3000 Facsimile: (510) 725-3001 shanas@hbsslaw.com Stuart M. Paynter (226147) THE PAYNTER LAW FIRM PLLC 1200 G Street N.W., Suite 800 Washington, DC 20005 Telephone: (202) 626-4486 Facsimile: (866) 734-0622 stuart@smplegal.com Attorneys for Plaintiffs [Additional counsel listed on signature page] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION GEOFFREY PECOVER and JEFFREY LAWRENCE, on behalf of themselves and a class of person similarly situated, Plaintiffs, v. ELECTRONIC ARTS, INC., a Delaware Corporation, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) No. 08-cv-02820 VRW AMENDED STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND OTHER CASE DEADLINES ACTION FILED: June 5, 2008 010017-11 287689 V1 Case 3:08-cv-02820-VRW Document 34 Filed 02/23/2009 Page 2 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS Plaintiffs filed the complaint in this action on June 5, 2008; WHEREAS on August 25, 2008, Defendant moved to dismiss the complaint, which Plaintiffs thereafter opposed and arguments on which were heard by this Court on November 4, 2008; WHEREAS the Court has not yet ruled on Defendant's motion to dismiss, and while the parties await that decision, Plaintiffs have attempted to work cooperatively with Defendant to minimize certain discovery burdens, such as pricing related discovery, while still undertaking substantial amounts of less burdensome discovery; WHEREAS the parties are currently cooperating in the production of discovery, including responses to multiple sets of requests for production of documents and special interrogatories; WHEREAS Defendant has produced a total of 7,840 pages of documents to date and anticipates continuing to produce documents in a rolling fashion; WHEREAS the parties are currently negotiating the scope of further search terms to be applied to the Defendant's collection of electronic documents; WHEREAS Plaintiffs have served eight subpoenas on third parties requesting documents relevant to this action; WHEREAS Plaintiffs' motion for class certification is currently due on March 5, 2009, Defendant's opposition thereto on May 7, 2009 and the hearing on class certification is currently scheduled for June 10, 2009 at 10:00 a.m.; and WHEREAS the parties agree that a motion for class certification would be premature at this time while Defendant's motion to dismiss is under submission and has not yet been ruled upon, and given the amount of outstanding discovery; WHEREAS pursuant to Federal Rule of Civil Procedure 6(b) and Local Rule 6.1(b) and 6.2, and subject to approval by the Court, the parties stipulate to a 90-day extension of time on the filing and hearing of Plaintiffs' motion for class certification and all other currently scheduled court deadlines; AMENDED STIP. AND [PROP] ORD. EXTENDING TIME FOR PLS.' MOT. FOR CLASS CERT 08-cv-02820 VRW 010017-11 287689 V1 -1- Case 3:08-cv-02820-VRW Document 34 Filed 02/23/2009 Page 3 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS the only previous time modification to the schedule in this case has been, by stipulation and Court order, the advancement of the hearing on Defendant's motion to dismiss, from December 4, 2008 to November 4, 2008 at 10:00 a.m.; WHEREAS this stipulation and order extending time will delay the Court's hearing on the motion for class certification and the trial date currently set for September 14, 2009 at 8:30 a.m. and other related case deadlines; WHEREAS the stipulation filed on February 18, 2009 incorrectly referred to deadlines from the Joint Case Management Statement and Rule 26(f) Report (filed Sept. 4, 2008, Ct. Rec. 20) rather than the [Proposed] Scheduling Order (filed Oct. 15, 2008, Ct. Rec. 25); NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiffs and counsel for Defendant, subject to the approval of the Court that: 1. The deadline for Plaintiffs' motion for class certification is extended 90 days from March 5, 2009 to June 3, 2009; 2. The deadline for Defendant's opposition to Plaintiffs' motion for class certification is extended 90 days from May 7, 2009 to August 5, 2009; 3. The hearing on Plaintiffs' motion for class certification is extended 90 days from June 10, 2009 at 10:00 a.m. to September 8, 2009 at 10:00 a.m.; SEPTEMBER 10, 2009 at 2:30PM. 4. Jury Selection is extended 90 days from September 9, 2009 at 8:30 a.m. to December 8, 2009 at 8:30 a.m.; and 5. The trial date in this action is extended 90 days from September 14, 2009 at 9:30 a.m. to December 14, 2009 at 9:30 a.m. at 8:30 AM. 6. All other proposed dates contained in the parties' [Proposed] Scheduling Order (filed Oct. 15, 2008, Ct. Rec. 25) for the pre-trial schedule in this action are likewise extended 90 days. DATED: February 23, 2009 HAGENS BERMAN SOBOL SHAPIRO LLP By AMENDED STIP. AND [PROP] ORD. EXTENDING TIME FOR PLS.' MOT. FOR CLASS CERT 08-cv-02820 VRW 010017-11 287689 V1 /s/ Shana E. Scarlett SHANA E. SCARLETT -2- Case 3:08-cv-02820-VRW Document 34 Filed 02/23/2009 Page 4 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AMENDED STIP. AND [PROP] ORD. EXTENDING TIME FOR PLS.' MOT. FOR CLASS CERT 08-cv-02820 VRW 010017-11 287689 V1 715 Hearst Avenue, Suite 202 Berkeley, CA 94710 Telephone: (510) 725-3000 Facsimile: (510) 725-3001 shanas@hbsslaw.com Stuart M. Paynter (226147) THE PAYNTER LAW FIRM PLLC 1200 G Street N.W., Suite 800 Washington, DC 20005 Telephone: (202) 626-4486 Facsimile: (866) 734-0622 stuart@smplegal.com Steve W. Berman (Pro Hac Vice) HAGENS BERMAN SOBOL SHAPIRO LLP 1301 Fifth Avenue, Suite 2900 Seattle, WA 98101 Telephone: (206) 623-7292 Facsimile: (206) 623-0594 steve@hbsslaw.com Attorneys for Plaintiffs DATED: February 23, 2009 LATHAM & WATKINS LLP By /s/ Timothy L. O'Mara TIMOTHY L. O'MARA 505 Montgomery Street, Suite 2000 San Francisco, California 94111-6538 Telephone: (415) 391-0600 Facsimile: (415) 395-8095 Email: Dan.Wall@lw.com Email: Tim.OMara@lw.com Attorneys for Defendant Electronic Arts, Inc. I, Shana E. Scarlett, am the ECF User whose ID and password are being used to file this AMENDED STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND OTHER CASE DEADLINES. In compliance with General Order 45, X.B., I hereby attest that Timothy L. O'Mara has concurred in this filing. S DISTRICT TE C ORDER TA RT U O PURSUANT TO STIPULATION, IT IS SO ORDERED. UNIT ED S Dated: February 24, 2009 -3- ER N F D IS T IC T O R A C LI al THE HONORABLE VAUGHN n RWALKER h R. W ge Vaug COURT JUDGE Jud UNITED STATES DISTRICT FO ker R NIA DERED SO OR IT IS NO RT H Case 3:08-cv-02820-VRW Document 34 Filed 02/23/2009 Page 5 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE I hereby certify that on February 23, 2009, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the email addresses registered, as denoted on the attached Electronic Mail Notice List, and I hereby certify that I have mailed the foregoing document or paper via the United States Postal Service to the non-CM/ECF participants indicated on the attached Manual Notice List. /s/ Shana E. Scarlett SHANA E. SCARLETT AMENDED STIP. AND [PROP] ORD. EXTENDING TIME FOR PLS.' MOT. FOR CLASS CERT 08-cv-02820 VRW 010017-11 287689 V1 -4- CAND-ECF https://ecf.cand.uscourts.gov/cgi-bin/MailList.pl?887001541997244-L_4... Case 3:08-cv-02820-VRW Document 34 Filed 02/23/2009 Page 6 of 6 Mailing Information for a Case 3:08-cv-02820-VRW Electronic Mail Notice List The following are those who are currently on the list to receive e-mail notices for this case. Steve W. Berman steve@hbsslaw.com,robert@hbsslaw.com,heatherw@hbsslaw.com Timothy L. O'Mara linda.tam@lw.com,#sfdocket@lw.com,tim.omara@lw.com Stuart McKinley Paynter stuart@smplegal.com Shana E. Scarlett shanas@hbsslaw.com,nancyq@hbsslaw.com,sf_filings@hbsslaw.com Daniel Murray Wall dan.wall@lw.com,#sfdocket@lw.com Manual Notice List The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who therefore require manual noticing). You may wish to use your mouse to select and copy this list into your word processing program in order to create notices or labels for these recipients. (No manual recipients) 1 of 1 2/23/2009 4:28 PM

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