Adkins et al v. Apple Inc et al

Filing 85

ORDER granting 84 STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference. Case Management Statement due by 8/27/2014. Case Management Conference set for 9/3/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 07/23/2014. (jmdS, COURT STAFF) (Filed on 7/23/2014)

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RENEE KENNEDY (admitted pro hac vice)
[e-mail]
1620 Friendswood Dr., Ste. Apple
Friendswood, Texas 77546
Telephone: [phone]
SETH W. WIENER (SBN 203747
[e-mail]
609 Karina Court
San Ramon, California 94582
Telephone: [phone]
Attorneys for Plaintiffs
PATRICIA SUE ADKINS,
JENNIFER GALINDO, and
FABRIENNE ENGLISH
(Defendants’ counsel listed on next page)

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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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PATRICIA SUE ADKINS, JENNIFER
GALINDO, and FABRIENNE ENGLISH,
on behalf of themselves and all others
similarly situated,

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Plaintiffs,

Case No.

3:14-cv-01619-WHO

AMENDED STIPULATION AND
ORDER TO
CONTINUE CASE
MANAGEMENT CONFERENCE
[N.D. CAL. L.R. 6.2]

v.
APPLE INC., APPLECARE SERVICE
COMPANY, INC., and APPLE CSC INC.,
Defendants.

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Current Date:
Current Time:

Proposed Date: September 3, 2014
Proposed Time: 2:00 p.m.
Judge:
Courtroom:

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AMENDED STIPULATION AND ORDER TO CONTINUE CMC
CASE NO. 3:14-cv-01619-WHO
sf-3436722

August 5, 2014
2:00 p.m.

William H. Orrick
2, 17th Floor

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PENELOPE A. PREOVOLOS (SBN 87607)
[e-mail]
SAI JAHANN (SBN 273788)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
PURVI G. PATEL (SBN 270702)
[e-mail]
MORRISON & FOERSTER LLP
707 Wilshire Boulevard
Los Angeles, California 90017-3543
Telephone: [phone]
Facsimile: 213.892.5454
Attorneys for Defendants
APPLE INC., APPLECARE SERVICE
COMPANY, INC., and APPLE CSC INC.

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AMENDED STIPULATION AND ORDER TO CONTINUE CMC
CASE NO. 3:14-cv-01619-WHO
sf-3436722

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Pursuant to Civil Local Rule 6.2, Plaintiffs Patricia Sue Adkins, Jennifer Galindo, and

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Fabrienne English and Defendants Apple Inc., AppleCare Service Company, Inc., and Apple CSC

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Inc., by and through their attorneys, stipulate as follows:

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WHEREAS, a Case Management Conference (“CMC”) in the above-captioned action is
scheduled for August 5, 2014 at 2:00 p.m.;
WHEREAS, the Court has instructed the parties that the CMC shall be attended by lead
trial counsel for all parties [ECF No. 65];
WHEREAS, lead trial counsel for Defendants will be out of the country from August 1,
2014 to August 10, 2014, to inter the ashes of her father-in-law and take a short vacation
(Declaration of Penelope A. Preovolos ¶ 3) [ECF No. 80];
WHEREAS, the parties have met and conferred about a mutually-agreeable date and have

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reviewed the Court’s Scheduling Notes that indicate the Court hears civil case management

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conferences at 2:00 p.m. on Tuesdays;

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WHEREAS, counsel for Defendants proposed a two-week continuance, but counsel for

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Plaintiffs has requested a four-week continuance to coordinate travel for a hearing on a Motion to

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Identify Class Members that Plaintiffs intend to file;

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WHEREAS, counsel for Plaintiffs would like to combine the CMC with the hearing on

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Plaintiffs’ anticipated motion on a day other than the Court’s usual Tuesday hearing of CMCs;

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WHEREAS, counsel for Plaintiffs has spoken with the Calendar Clerk and Courtroom

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Deputy regarding Plaintiffs’ request that the Court allow said combination, and was told this

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combination has been allowed in the past and that the parties can make such a request;

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WHEREAS, Plaintiffs request that the Court set the CMC for Wednesday, September 3,

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2014, or any later date convenient for the Court, which is the date Plaintiffs intend to notice their

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motion for hearing;

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WHEREAS, Defendants are not opposed to a continuance of the CMC to Wednesday,
September 3, 2014, if acceptable to the Court;
WHEREAS, Defendants reserve all rights with respect to Plaintiffs’ anticipated motion;

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AMENDED STIPULATION AND ORDER TO CONTINUE CMC
CASE NO. 3:14-cv-01619-WHO
sf-3436722

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WHEREAS, the CMC date has not been previously modified, and this stipulated request
to reschedule the CMC will not have an effect on the schedule for the case;
NOW THEREFORE, IT IS AGREED AND STIPULATED, subject to the Court’s
approval, that:
(1) The Case Management Conference currently scheduled for August 5, 2014, shall be
continued to September 3, 2014, at 2:00 p.m., or any later date convenient for the Court;
(2) The parties shall file a Joint Case Management Statement seven days before the
continued Case Management Conference [see ECF. No. 65].

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Respectfully submitted,
Dated: July 21, 2014

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By: /s/ Renee Kennedy
Renee Kennedy

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Attorney for Plaintiffs
Patricia Sue Adkins, Jennifer Galindo,
and Fabrienne English

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RENEE KENNEDY

Dated: July 21, 2014

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MORRISON & FOERSTER LLP
By: /s/ Purvi G. Patel
Purvi G. Patel

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Attorneys for Defendants
Apple Inc., AppleCare Service
Company, Inc., and Apple CSC Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Date: July 23, 2014
___________________________
Hon. William H. Orrick
United States District Judge

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AMENDED STIPULATION AND ORDER TO CONTINUE CMC
CASE NO. 3:14-cv-01619-WHO
sf-3436722

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