Hibbs-Rines v. Seagate Technologies, LLC et al

Filing 37

ORDER continuing motion/cmc to 10/9/09 @ 9 a.m. (tf, COURT STAFF) (Filed on 8/28/2009)

Case3:08-cv-05430-SI Document36

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MICHAEL L. TRACY, ESQ. (STATE BAR NO. 237779) MEGAN ROSS HUTCHINS, ESQ. (STATE BAR NO. 227776) LAW OFFICES OF MICHAEL L. TRACY 2030 Main Street, S uite 1300 Irvine, CA 92614 [e-mail] T: [phone] F: [phone] Attorneys for Plaintiff Paul Hibbs-Rines JULIE A. TOTTEN (STATE BAR NO. 166470) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall Suite 3000 Sacramento, CA 95814-4497 Telephone: [phone] Facsimile: [phone] ALLISON E. PITIGOI (STATE BAR NO. 242211) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants Seagate Technology LLC (erroneously sued as Seagate Technology, LLC) and i365 Inc. (erroneously sued as i365, Inc.) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

PAULA HIBBS-RINES, et al., Plaintiff, vs. SEAGATE TECHNOLOGY, LLC, a Delaware limited liability company; I365, INC., a California corporation; and DOES 1 through 10, inclusive, Defendants.

Case No. CV08-05430-SI STIPULATION AND [PROPOSED] ORDER TO CONTINUE FILING DEADLINE FOR PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND HEARING FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT/ FURTHER CASE MANAGEMENT CONFERENCE

OHS West:260714058.1

STIPULATION AND [PROPOSED] ORDER TO CONTINUE FILING DEADLINE FOR PRELIM. APPROVAL MTN. AND HEARING FOR PRELIM. APPROVAL / FURTHER CMC[CASE NO. 05430]

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Pursuant to Civil Local Rule 6-2 and 7-12, the Parties, Plaintiff Paula Hibbs-Rines ("Plaintiff") and Defendants i365 Inc. and Seagate Technology LLC ("Defendants"), by and through their respective counsel of record, hereby submit this Stipulation and Proposed Order seeking a two week continuance of the filing deadline for Plaintiff's Motion for Preliminary Approval of Class Action Settlement and the hearing for Preliminary Approval of Class Settlement and Further Case Management Conference, pursuant to the Court's Pretrial Minute Order, issued on July 30, 2009, Docket No. 35 ("Minute Order"). WHEREAS, the filing deadline for Plaintiff's Motion for Preliminary Approval of Class Action Settlement is currently set for August 21, 2009, pursuant to the Minute Order; WHEREAS, the hearing for Preliminary Approval of Class Settlement and Further Case Management Conference is currently scheduled for September 25, 2009 at 9:00 a.m., pursuant to the Minute Order; WHEREAS, lead counsel for Defendants, Julie A. Totten recently began an extended leave of absence; WHEREAS, the principal in-house representative for Seagate Technology LLC regarding this matter was on an extended vacation from August 1, 2009 through August 17, 2009 and was not available during that time; WHEREAS, the Parties are currently addressing unanticipated issues with respect to the form of the Stipulation of Settlement and exhibits thereto and the content of Plaintiff's Motion for Preliminary Approval of Class Action Settlement; WHEREAS, the Parties need additional time to address such unanticipated issues prior to executing the Stipulation of Settlement with exhibits thereto and filing Plaintiff's Motion for Preliminary Approval of Class Action Settlement; WHEREAS, the Parties believe a two week continuance of the filing deadline for Plaintiff's Motion for Preliminary Approval of Class Action Settlement and the hearing for Preliminary Approval of Class Settlement and Further Case Management Conference set forth in the Minute Order will provide the additional time necessary for the Parties to address such unanticipated issues, to fully prepare and execute the Stipulation of Settlement and exhibits
OHS West:260714058.1

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE FILING DEADLINE FOR PRELIM. APPROVAL MTN. AND HEARING FOR PRELIM. APPROVAL / FURTHER CMC[CASE NO. 05430]

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thereto and for Plaintiff to file Plaintiff's Motion for Preliminary Approval of Class Action Settlement in a form acceptable to Defendants, in order to facilitate a non-opposition by Defendants; THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT: The filing deadline for Plaintiff's Motion for Preliminary Approval of Class Action Settlement, presently scheduled for August 21, 2009, is continued to September 4, 2009, and the hearing for Preliminary Approval of Class Settlement and Further Case Management Conference, presently scheduled for September 25, 2009 at 9:00 a.m., is continued to October 9, 2009 at 9:00 a.m., or as soon thereafter as the Court's schedule will allow, and that all associated deadlines be continued accordingly. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. Dated: August 21, 2009 JULIE A. TOTTEN ALLISON E. PITIGOI ORRICK, HERRINGTON & SUTCLIFFE LLP _______/s/Allison E. Pitigoi___________ Attorneys for Defendants Seagate Technology LLC (erroneously sued as Seagate Technology, LLC) and i365 Inc. (erroneously sued as i365, Inc.) Dated: August 21, 2009 MICHAEL L. TRACY, ESQ. MEGAN ROSS HUTCHINS, ESQ. LAW OFFICES OF MICHAEL L. TRACY ___ /s/Megan Ross Hutchins_________ Attorneys for Plaintiff Paul Hibbs-Rines

Pursuant to General Order No. 45, Orrick, Herrington & Sutcliffe attests that concurrence in the filing of the Joint Case Management Statement has been obtained from the other signatories which shall serve in lieu of their signatures on the document. // // //
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE FILING DEADLINE FOR PRELIM. APPROVAL MTN. AND HEARING FOR PRELIM. APPROVAL / FURTHER CMC[CASE NO. 05430]

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ORDER The parties having stipulated to the foregoing and good cause appearing, PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE FILING DEADLINE FOR PRELIM. APPROVAL MTN. AND HEARING FOR PRELIM. APPROVAL / FURTHER CMC[CASE NO. 05430]