Gross v. Symantec Corporation

Filing 58

ORDER granting 57 STIPULATION WITH PROPOSED ORDER Continuing Case Management Conference and Motion Hearing filed by James Gross. Reset Hearing as to 51 MOTION to Dismiss the Second Amended Complaint., Motions terminated: 57 STIPULATION WITH PROPOSED ORDER Continuing Case Management Conference and Motion Hearing filed by James Gross. Motion Hearing/Initial Case Management Conference reset for 2/15/2013 10:00 AM in Courtroom 6, 17th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 12/11/2012. (beS, COURT STAFF) (Filed on 12/11/2012)

Case3:12-cv-00154-CRB Document57 Filed12/07/12 Page1 of 4

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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: December 14, 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 TO CONTINUE
CMC AND HEARING ON MOT. TO DISMISS

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

Case3:12-cv-00154-CRB Document57 Filed12/07/12 Page2 of 4

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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 and hearing on Symantec’s pending motion to dismiss

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currently set for December 14, 2012 at 10:00 a.m. to February 5, 2013 at 10:00 a.m. (or such other

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

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finalizing a class action settlement of this matter, which they will ultimately present to the Court

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for approval. In support of the instant stipulation, the Parties state as follows:

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WHEREAS, by stipulation of the Parties, the Court has set the hearing on Symantec’s
motion and an initial case management conference in this matter for December 14, 2012 at 10:00
a.m., (Dkt. No. 56);

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WHEREAS, on November 12, 2012, the Parties participated in an all-day mediation

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session before John B. Bates, Jr. of JAMS in San Francisco, California, and are now in the process

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of finalizing a class action settlement of this matter;

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WHEREAS, in an effort to reduce the expenditure of time and other resources by the

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Parties and the Court, and to focus on finalizing their settlement, the Parties have conferred and

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agreed, subject to Court approval, that the case management conference and motion hearing

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currently set for December 14th should be continued to February 5, 2013; and

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WHEREAS, good cause exists to continue the case management conference and motion
hearing, and the Parties do not seek the relief contemplated herein for any improper purpose,

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

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1.

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

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currently set for December 14, 2012 at 10:00 a.m. shall be continued to February 5, 2013 at 10:00

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a.m. (or such other date and time as the Court may set).

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IT IS SO STIPULATED.

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

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

Case3:12-cv-00154-CRB Document57 Filed12/07/12 Page3 of 4

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

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Dated: December 7, 2012

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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: December 7, 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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By: /s/ Benjamin H. Richman
One of Plaintiff’s Attorneys

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

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

Case3:12-cv-00154-CRB Document57 Filed12/07/12 Page4 of 4

ORDER

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DATED:

RT
U
O

S DISTRICT
TE
C
TA
HONORABLE CHARLES R. BREYER

December 11, 2012

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J

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. Breyer

arles R
udge Ch

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DERED

O OR
IT IS S

R NIA

UNIT
ED

UNITED STATES DISTRICT JUDGE

FO

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The hearing on Symantec’s motion to dismiss and the case management conference 15 (Friday)
currently set for December 14, 2012 at 10:00 a.m. shall be continued to February 5,
2013 at 10:00 a.m.

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

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

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