Fafard v. Apple Inc. et al

Filing 20

STIPULATION AND ORDER re 17 Request and [Proposed] Order to Extend Defendants' Time to Respond to Plaintiff's Complaint to Allow the Parties to Participate in Mediation filed by Incomm Holdings, Inc., Best Buy Co., Inc. Order Resetting CMC to 4/11/13. Case Management Statement due by 4/4/2013. Case Management Conference set for 4/11/2013 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 1/3/13. (bpf, COURT STAFF) (Filed on 1/3/2013)

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Abraham J. Colman (SBN 146933)
[e-mail]
Felicia Y. Yu (SBN 193316)
[e-mail]
Mathew M. Wrenshall (SBN 284466)
[e-mail]
REED SMITH LLP
355 South Grand Avenue, Suite 2900
Los Angeles, CA 90071-1514
Telephone:
213.457.8000
Facsimile:
213.457.8080
Attorneys for Defendant
INCOMM HOLDINGS, INC.

REED SMITH LLP

UNITED STATES DISTRICT COURT

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A limited liability partnership formed in the State of Delaware

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NORTHERN DISTRICT OF CALIFORNIA

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BARBARA FAFARD, individually and on behalf
of a class of similarly situated individuals,
Plaintiff,
vs.
APPLE INC., BEST BUY CO., INC.; and
INCOMM HOLDINGS, INC.,
Defendants.

Case No.: 3:12-cv-05125-EMC
STIPULATED REQUEST AND
[PROPOSED] ORDER TO EXTEND
DEFENDANTS’ TIME TO RESPOND TO
PLAINTIFF'S COMPLAINT TO ALLOW
THE PARTIES TO PARTICIPATE IN
MEDIATION
[Local Rules 6-1 and 7-12]
Hon. Edward M. Chen

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STIPULATED REQUEST TO EXTEND DEFENDANTS’ TIME TO RESPOND
TO PLAINTIFF'S COMPLAINT TO ALLOW THE PARTIES TO PARTICIPATE IN MEDIATION

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Pursuant to Local Rules 6-1 and 7-12, Plaintiff Barbara Fafard and Defendants Apple Inc.,

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Best Buy Co. Inc., and InComm Holdings, Inc., through their respective counsel of record, hereby

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stipulate to extend the time for Defendants to respond to Plaintiff’s Complaint. This extension of

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time will enable the parties to attempt to participate in a mediation, which shall be commenced in

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February 2013.

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The parties shall file a joint status report informing the Court of the progress or outcome of

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the mediation on or before March 1, 2013. In the event that the parties’ mediation efforts are

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continuing to progress as of March 1, 2013, they shall be permitted an additional 30 days to continue

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those efforts and, in such an event, will be required to file a joint status report by no later than April

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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1, 2013.
If any party deems the mediation efforts to be unsuccessful, they shall so advise the Court
and within 21 days thereof the Defendants shall respond to Plaintiff’s Complaint.
Should Defendants elect to file a Rule 12 motion, the date by which Plaintiff’s response to
any such motion would be due shall be extended by an additional 21 days.
The date by which any reply in further support of any Rule 12 motion shall be filed shall also
be extended by an additional 14 days.

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DATED: December 21, 2012

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MARCUS & AUERBACH LLC
By

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DATED: December 21, 2012

/s/ Jonathan Auerbach
Jonathan Auerbach
Attorney for Plaintiff
BARBARA FAFARD
REED SMITH LLP

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By

/s/ Felicia Yu
Abraham J. Colman
Felicia Yu
Mathew M. Wrenshall
Attorney for Defendants
INCOMM HOLDINGS, INC. AND BEST BUY
CO. INC.

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STIPULATED REQUEST TO EXTEND DEFENDANTS’ TIME TO RESPOND
TO PLAINTIFF'S COMPLAINT TO ALLOW THE PARTIES TO PARTICIPATE IN MEDIATION

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DATED: December 21, 2012

PAUL HASTINGS

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By

/s/ David M. Walsh
David M. Walsh
Attorney for Defendant
APPLE INC.

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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STIPULATED REQUEST TO EXTEND DEFENDANTS’ TIME TO RESPOND
TO PLAINTIFF'S COMPLAINT TO ALLOW THE PARTIES TO PARTICIPATE IN MEDIATION

FILER’S ATTESTATION

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I, Felicia Yu, attest that as the ECF filer of this Stipulation I obtained concurrence for this
filing from all signatories to this document.

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DATED: December 21, 2012

REED SMITH LLP
By

/s/ Felicia Yu
Felicia Yu
Attorneys for Defendants
INCOMM HOLDINGS, INC. AND BEST BUY
CO. INC.

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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STIPULATED REQUEST TO EXTEND DEFENDANTS’ TIME TO RESPOND
TO PLAINTIFF'S COMPLAINT TO ALLOW THE PARTIES TO PARTICIPATE IN MEDIATION

[PROPOSED] ORDER

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PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED that the

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Defendants’ response date to Plaintiff’s Complaint shall be extended so that the parties can

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participate in mediation. Defendants’ response date to Plaintiff’s Complaint shall be 21 days after

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any party advises the Court that mediation efforts have been unsuccessful. Plaintiff shall have an

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additional 21 days to respond to any dispositive motion that Defendants might file and Defendants

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shall have an additional 14 days to file a reply in support of any dispositive motion. The CMC is
reset from 1/31/13
DISTRIC
to 4/11/13 at 9:00
S
TC
TE
a.m.
TA
SO ORDERED:

S

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R NIA

Ju

ER

H

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UNITED STATES DISTRICT COURT JUDGE
en
d M. Ch
e Edwar
dg

FO

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LI

DATED:

D
RDERE
S SO O IED
IT I
DIF
AS MO EDWARD M. CHEN

A

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1/3/13

RT

REED SMITH LLP

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NO

A limited liability partnership formed in the State of Delaware

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UNIT
ED

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RT
U
O

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N

F
D IS T IC T O
R

C

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STIPULATED REQUEST TO EXTEND DEFENDANTS’ TIME TO RESPOND
TO PLAINTIFF'S COMPLAINT TO ALLOW THE PARTIES TO PARTICIPATE IN MEDIATION

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PROOF OF SERVICE
I, Candice A. Spoon, declare as follows:

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I am a resident of the State of California, over the age of eighteen years, and not a
4 party to the within action. My business address is REED SMITH LLP, 355 South Grand Avenue,
Suite 2900, Los Angeles, CA 90071-1514. On December 21, 2012, I served the following
5 document(s) by the method indicated below:
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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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STIPULATED REQUEST AND [PROPOSED] ORDER TO EXTEND DEFENDANTS’
TIME TO RESPOND TO PLAINTIFF'S COMPLAINT TO ALLOW THE PARTIES TO
PARTICIPATE IN MEDIATION
BY CM/ECF ELECTRONIC DELIVERY: In accordance with the registered case
participants and in accordance with the procedures set forth at the Court’s website
www.ecf.cand.uscourts.gov
by transmitting via facsimile on this date from fax number 213.457.8080 the document(s)
listed above to the fax number(s) set forth below. The transmission was completed before
5:00 PM and was reported complete and without error. The transmission report, which is
attached to this proof of service, was properly issued by the transmitting fax machine.
Service by fax was made by agreement of the parties, confirmed in writing.
by placing the document(s) listed above in a sealed envelope with postage thereon fully
prepaid, in the United States mail at Los Angeles, California addressed as set forth below.
I am readily familiar with the firm’s practice of collection and processing of
correspondence for mailing. Under that practice, it would be deposited with the U.S.
Postal Service on that same day with postage thereon fully prepaid in the ordinary course
of business. I am aware that on motion of the party served, service is presumed invalid if
the postal cancellation date or postage meter date is more than one day after the date of
deposit for mailing in this Declaration.

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by placing the document(s) listed above in a sealed envelope(s) and by causing personal
delivery of the envelope(s) to the person(s) at the address(es) set forth below. A signed
proof of service by the process server or delivery service will be filed shortly.

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by personally delivering the document(s) listed above to the person(s) at the address(es) set
forth below.

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by placing the document(s) listed above in a sealed envelope(s) and consigning it to an
express mail service for guaranteed delivery on the next business day following the date of
consignment to the address(es) set forth below. A copy of the consignment slip is attached
to this proof of service.
by transmitting via email to the parties at the email addresses listed below:

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PROOF OF SERVICE

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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William A. Kershaw, Esq.
Stuart C. Talley, Esq.
Kershaw, Cutter & Ratinoff LLP
401 Watt Avenue
Sacramento, CA 95864
Tel: [phone]
Fax: [phone]
Email: [e-mail],
[e-mail],
[e-mail],
[e-mail]

Attorneys for Plaintiff
Barbara Fafard

Jonathan Auerbach, Esq. (admitted pro hac vice)
Jerome M. Marcus, Esq. (admitted pro hac vice)
Marcus & Auerbach LLC
101 Greenwood Avenue, Suite 310
Jenkintown, PA 19046
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

Attorneys for Plaintiff
Barbara Fafard

David M. Walsh, Esq.
Katherine F. Murray, Esq.
Adam M. Sevell, Esq.
Paul Hastings LLP
515 South Flower Stree, 25th Floor
Los Angeles, CA 90071
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

Attorneys for Defendant
Apple Inc.

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I declare under penalty of perjury under the laws of the United States that the above is
20 true and correct. Executed on December 21, 2012, at Los Angeles, California.
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/s/ Candice A. Spoon
CANDICE A. SPOON

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US_ACTIVE-107428272.3

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PROOF OF SERVICE