Gross v. Symantec Corporation

Filing 56

ORDER granting 55 STIPULATION WITH PROPOSED ORDER re Clerks Notice, Clerks Notice Continuing Motion Hearing, Set Motion and Deadlines/Hearings,, filed by James Gross. Reset hearing as to 51 MOTION to Dismiss the Second A mended Complaint. Motion Hearing reset for 12/14/2012 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Initial Case Management Conference reset for 12/14/2012 10:00 AM in Courtroom 6, 17th Floor, San Francisco. Signed by Judge Charles R. Breyer on 10/25/2012. (beS, COURT STAFF) (Filed on 10/25/2012)

Case3:12-cv-00154-CRB Document55 Filed10/18/12 Page1 of 5

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JAY EDELSON (Admitted Pro Hac Vice)
[e-mail]
RAFEY S. BALABANIAN (Admitted Pro Hac Vice)
[e-mail]
BENJAMIN H. RICHMAN (Admitted Pro Hac Vice)
[e-mail]
CHANDLER R. GIVENS (Admitted Pro Hac Vice)
[e-mail]
EDELSON MCGUIRE LLC
350 North LaSalle Street, Suite 1300
Chicago, Illinois 60654
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff and the Putative Class

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KEITH E. EGGLETON
[e-mail]
MAURA L. REES
[e-mail]
ANTHONY J WEIBELL
[e-mail]
WILSON SONSINI GOODRICH & ROSATI
650 Page Mill Road
Palo Alto, California 94304
Tel: [phone]
Fax: [phone]

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Attorneys for Defendant SYMANTEC CORP.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JAMES GROSS, individually and on behalf of
all others similarly situated,

v.

STIPULATION AND [PROPOSED] ORDER
TO CONTINUE CASE MANAGEMENT
CONFERENCE AND HEARING ON
MOTION TO DISMISS

SYMANTEC CORPORATION, a Delaware
corporation, and PC TOOLS, LTD., an Irish
limited company,

Date: November 9, 2012
Time: 10:00 a.m.
Judge: Hon. Charles R. Breyer

Plaintiff,

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Case No. 3:12-cv-00154-CRB

Defendants.

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STIP. AND [PROPOSED] ORDER CONTINUING
CMC AND HEARING ON MOT. TO DISMISS

CASE NO. 3:12-CV-00154-CRB

Case3:12-cv-00154-CRB Document55 Filed10/18/12 Page2 of 5

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Plaintiff James Gross and Defendant Symantec Corporation (collectively, the “Parties”), by

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and through their undersigned counsel, hereby stipulate and agree, subject to Court approval, to

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continue the case management conference in this matter and the hearing on Symantec’s pending

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motion to dismiss from November 9, 2012 at 10:00 a.m. to December 14, 2012 at 10:00 a.m. (or

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such other date and time as the Court may set), so that they may focus their time and other

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resources on proceeding with a mediation currently scheduled for November 12, 2012. In support

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of the instant stipulation, the Parties state as follows:

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WHEREAS, on August 14, 2012, Plaintiff filed a second amended class action complaint,
(Dkt. No. 50);
WHEREAS, on August 31, 2012, Symantec moved to dismiss Plaintiff’s amended
complaint, (Dkt. No. 51);
WHEREAS, the Court has set the hearing on Symantec’s motion and an initial case
management conference in this matter for November 9, 2012 at 10:00 a.m.;

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WHEREAS, the Parties have also agreed and are scheduled to convene a mediation

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session before John B. Bates, Jr. of JAMS in San Francisco, California on November 12, 2012, in

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hopes of resolving this matter;

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WHEREAS, to focus their time and other resources on the mediation and potential

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resolution of this matter, the Parties have conferred and agreed, subject to Court approval, that the

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hearing on Symantec’s motion and the case management conference should be continued from

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November 9, 2012 at 10:00 a.m. to December 14, 2012 at 10:00 a.m., at which point the Parties

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will inform the Court of the status of their efforts toward settlement;

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WHEREAS, good cause exists to continue the hearing on Symantec’s motion and the case

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management conference, and the Parties do not seek the relief contemplated herein for any

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improper purpose.

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STIP. AND [PROPOSED] ORDER CONTINUING
CMC AND HEARING ON MOT. TO DISMISS

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CASE NO. 3:12-CV-00154-CRB

Case3:12-cv-00154-CRB Document55 Filed10/18/12 Page3 of 5

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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED as follows:

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The hearing on Symantec’s motion to dismiss and the case management conference

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currently set for November 9, 2012 at 10:00 a.m. shall be continued to December 14, 2012 at 10:00

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a.m., or to such other date and time as the Court may set.

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IT IS SO STIPULATED.

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JAMES GROSS, individually and on behalf of all
others similarly situated,

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Dated: October 18, 2012

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By: /s/ Benjamin H. Richman
One of Plaintiff’s Attorneys
SEAN P. REIS (SBN 184044)
[e-mail]
EDELSON MCGUIRE, LLP
30021 Tomas Street, Suite 300
Rancho Santa Margarita, California 92688
Tel: [phone]

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JAY EDELSON (Admitted Pro Hac Vice)
[e-mail]
RAFEY S. BALABANIAN (Admitted Pro Hac Vice)
[e-mail]
BENJAMIN H. RICHMAN (Admitted Pro Hac Vice)
[e-mail]
CHANDLER R. GIVENS (Admitted Pro Hac Vice)
[e-mail]
EDELSON MCGUIRE LLC
350 North LaSalle Street, Suite 1300
Chicago, Illinois 60654
Tel: [phone]

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SYMANTEC CORPORATION,

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Dated: October 18, 2012

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By: /s/ Anthony J. Weibell
One of Defendant’s Attorneys
KEITH E. EGGLETON
[e-mail]
MAURA L. REES
[e-mail]
ANTHONY J WEIBELL
[e-mail]
WILSON SONSINI GOODRICH & ROSATI
650 Page Mill Road
Palo Alto, California 94304
Tel: [phone]

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STIP. AND [PROPOSED] ORDER CONTINUING
CMC AND HEARING ON MOT. TO DISMISS

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CASE NO. 3:12-CV-00154-CRB

Case3:12-cv-00154-CRB Document55 Filed10/18/12 Page4 of 5

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ORDER

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Pursuant to stipulation and for good cause shown, IT IS SO ORDERED.

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1.

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S

October 25, 2012

UNIT
ED

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J

ER

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. Breyer

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OR

arles R
udge Ch

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O
IT IS S

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HONORABLE CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE ED
DER

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DATED:

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The hearing on Symantec’s motion to dismiss and the case management conference
currently set for November 9, 2012 at 10:00 a.m. shall be continued to December
14, 2012 at 10:00 a.m.

N

F
D IS T IC T O
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STIP. AND [PROPOSED] ORDER CONTINUING
CMC AND HEARING ON MOT. TO DISMISS

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CASE NO. 3:12-CV-00154-CRB