Pecover et al v. Electronic Arts Inc.

Filing 47

STIPULATION AND ORDER ENLARGING TIME TO FILE DECLARATIONS IDENTIFIED IN THE COURT'S JUNE 25, 2009 ORDER. Signed by Magistrate Judge Bernard Zimmerman on 6/30,2009. (bzsec, COURT STAFF) (Filed on 6/30/2009)

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ATTO R N E Y S AT LAW SA N F R A N C I S C O

LATHAM & WATKINS LLP Daniel M. Wall (Bar No. 102580) Timothy L. O'Mara (Bar No. 212731) 505 Montgomery Street, Suite 2000 San Francisco, California 94111-6538 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Attorneys for Defendant ELECTRONIC ARTS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION GEOFFREY PECOVER and JEFFREY LAWRENCE, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. ELECTRONIC ARTS, INC., a Delaware Corporation Defendant. CASE NO. C 08-02820 VRW STIPULATION AND [PROPOSED] ORDER ENLARGING TIME TO FILE DECLARATIONS IDENTIFIED IN THE COURT'S JUNE 25, 2009 ORDER

STIPULATION AND [PROPOSED] ORDER ENLARGING TIME CASE NO. C-08-02820 VRW

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WHEREAS, the Court heard argument on plaintiffs' motion to compel on June 24, 2009; WHEREAS, the Court issued an Order on June 25, 2009 denying the motion to compel without prejudice; WHEREAS, the Court's June 25, 2009 Order states: "If plaintiffs believe they are entitled to additional documents, having in mind the views of the Court, they should file by June 29, 2009 a declaration of an expert explaining with some particularity why further documents are needed. In that event, defendant should file by July 6, 2009 one or more declarations explaining with some particularity the burden it would bear in producing the additional requested documents."; WHEREAS, as the Court suggested, the parties have been meeting and conferring in an effort to reach a compromise on this issue; WHEREAS, the parties believe a one week extension on the deadlines to file the declarations identified in the Court's June 25 Order will allow the parties sufficient time to complete the meet and confer on this issue, and hopefully resolve or narrow the issue without further burden on the Court; NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the undersigned counsel for the parties as follows: 1. In accord with the Court's June 25, 2009 Order, if plaintiffs believe they

are entitled to additional documents, having in mind the views of the Court, they will file by July 6, 2009 a declaration of an expert explaining with some particularity why further documents are needed. 2. \\\\ In that event, defendant will file by July 13, 2009 one or more declarations

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ATTO R N E Y S AT LAW SA N F R A N C I S C O

explaining with some particularity the burden it would bear in producing the additional requested documents. IT IS SO STIPULATED. Dated: June 29, 2009 Respectfully Submitted, LATHAM & WATKINS LLP Daniel M. Wall Timothy L. O'Mara By /s/ Timothy L. O'Mara Timothy L. O'Mara Attorneys for Defendant ELECTRONIC ARTS, INC.

Dated: June 29, 2009

Respectfully Submitted, HAGENS BERMAN SOBOL SHAPIRO LLP Shana Scarlett THE PAYNTER LAW FIRM PLLC Stuart M. Paynter By /s/ Shana Scarlett Shana Scarlett Attorneys for Plaintiffs G. PECOVER and J. LAWRENCE

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated:

June 30, 2009 THE HONORABLE BERNARD ZIMMERMAN United States Magistrate Judge

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ATTO R N E Y S AT LAW SA N F R A N C I S C O

ELECTRONIC CASE FILING ATTESTATION (General Order No. 45(X)(B)) I, Timothy L. O'Mara, am the ECF User whose identification and password are being used to file this STIPULATION ENLARGING TIME TO FILE DECLARATIONS IDENTIFIED IN THE COURT'S JUNE 25, 2009 ORDER. In compliance with General Order No. 45 (X)(B), I hereby attest that the concurrence in the filing of this document has been obtained from Shana Scarlett.

Dated: June 29, 2009

Respectfully submitted, LATHAM & WATKINS LLP Daniel M. Wall Timothy L. O'Mara By /s/ Timothy L. O'Mara Timothy L. O'Mara Attorneys for Defendant ELECTRONIC ARTS, INC.

SF\710950.1

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STIPULATION AND [PROPOSED] ORDER ENLARGING TIME CASE NO. C-08-02820 VRW