Maldonado et al v. Apple, Inc et al

Filing 109

ORDER - The hearing on the motions for summary judgment and class certification will be held on August 7, 2019 at 2 p.m. The change in the hearing date will not adjust the briefing schedule to which the parties have agreed. Hearing as to 100 , 103 MOTION to Certify Class continued to 8/7/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Signed by Judge W on 03/29/2019. (jmdS, COURT STAFF) (Filed on 3/29/2019)

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ARTURO J. GONZÁLEZ (SBN 121490)
[e-mail]
PENELOPE A. PREOVOLOS (SBN 87607)
[e-mail]
MARGARET E. MAYO (SBN 259685)
[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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SHANA E. SCARLETT (SBN 217895)
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 202
Berkeley, California 94710
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
STEVE W. BERMAN
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, Washington 98101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[Additional Counsel on Next Page]
Attorneys for Plaintiffs
VICKY MALDONADO and JUSTIN CARTER

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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VICKY MALDONADO AND JUSTIN
CARTER, individually and on behalf of
themselves and all others similarly situated,

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

Case No.

3:16-cv-04067-WHO

Related Case:
English v. Apple Inc. et al.
Case No. 3:14-cv-01619-WHO
STIPULATION AND ORDER
SETTING BRIEFING SCHEDULE ON
DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT AND
COORDINATING THE HEARINGS
FOR SUMMARY JUDGMENT AND
CLASS CERTIFICATION

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[N.D. CAL. L.R. 6-2]

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Judge: William H. Orrick
Courtroom: 2, 17th Floor

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Complaint Filed: July 20, 2016
Trial Date: April 20, 2020

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STIP. AND ORDER RE DEFENDANTS’ MSJ AND RE MSJ AND CLASS CERT HEARINGS
CASE NO. 3:16-cv-04067-WHO
la-1411716

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Michella A. Kras (Pro Hac Vice)
Robert A. Carey (Pro Hac Vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
11 W. Jefferson Street, Suite 1000
Phoenix, Arizona 85003
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Renee Fagan Kennedy (Pro Hac Vice)
P.O. Box 2222
Friendswood, Texas 77549
Telephone: [phone]
Email: [e-mail]
Attorneys for Plaintiffs
VICKY MALDONADO and JUSTIN CARTER

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STIP. AND ORDER RE DEFENDANTS’ MSJ AND RE MSJ AND CLASS CERT HEARINGS
CASE NO. 3:16-cv-04067-WHO
la-1411716

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Pursuant to Civil Local Rule 6-2, Plaintiffs Vicky Maldonado and Justin Carter and

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Defendants Apple Inc., AppleCare Service Company, Inc., and Apple CSC Inc., by and through

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their respective counsel, stipulate as follows:

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WHEREAS, Plaintiffs’ motion for class certification (ECF No. 103) is set to be heard by
the Court on May 15, 2019 at 2 p.m.;
WHEREAS, Defendants intend to file a motion for summary judgment on Plaintiffs’

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individual claims on April 8, 2019, which is the same day that Defendants’ opposition to

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Plaintiffs’ motion for class certification is due;

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WHEREAS, no briefing schedule regarding Defendants’ forthcoming summary judgment
motion has previously been set by the Court;

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WHEREAS, due to overlapping issues between Defendants’ motion for summary

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judgment and Plaintiffs’ motion for class certification, including specifically with respect to the

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named Plaintiffs’ claims, Defendants propose coordinating the hearings on the two motions,

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which will yield efficiencies for both the Court and the parties;

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WHEREAS, Plaintiffs do not oppose coordinating the hearings on the two motions;

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WHEREAS, on March 7, 2019, Defendants requested the parties agree to a summary

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judgment briefing schedule that would allow both the class certification motion and the summary

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judgment motion to be heard on May 15 (Mayo Decl. ¶ 2; Kras Decl. ¶ 2);

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WHEREAS, between March 7 and March 27, the parties met and conferred regarding

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various potential briefing schedules for Defendants’ motion for summary judgment (Mayo Decl.

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¶ 3; Kras Decl. ¶ 3);

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WHEREAS, under the current class-certification briefing schedule, Plaintiffs have three

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weeks to draft a reply to their pending motion for class certification, and their counsel has

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existing commitments in other cases during that same time-period (Kras Decl. ¶ 5);

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WHEREAS, Plaintiffs state that any proposed briefing schedule with a May 15 hearing

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date would require them to respond to the summary judgment motion and draft their class

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certification reply simultaneously and will not give them sufficient time to draft their opposition

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to Defendants’ motion for summary judgment (Kras Decl. ¶ 6);
STIP. AND ORDER RE DEFENDANTS’ MSJ AND RE MSJ AND CLASS CERT HEARINGS
CASE NO. 3:16-cv-04067-WHO
la-1411716

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WHEREAS, the parties agree, subject to the Court’s approval, to continue the hearing on

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Plaintiffs’ motion for class certification to July 24, 2019, at 2 p.m., and to set the following

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briefing schedule on Defendants’ motion for summary judgment:

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Event

Deadline

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Motion for summary judgment

April 8, 2019

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Opposition

June 10, 2019

Reply

July 10, 2019

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WHEREAS, with respect to Plaintiffs’ motion for class certification, the proposed
schedule above changes only the hearing on that motion, and does not change the briefing
schedule;
WHEREAS, the hearing on Plaintiffs’ motion for class certification has been modified
previously four times (ECF Nos. 76, 88, 92, 94);
WHEREAS, the parties are mindful of the prior continuances in this case, and while they
have explored shorter briefing schedules, those schedules each posed significant scheduling
conflicts (Mayo Decl. ¶ 4; Kras Decl. ¶ 4);
WHEREAS, the parties have tried to resolve the case in good faith before submitting this
stipulation regarding the summary judgment briefing schedule and requesting a new class
certification hearing date, including attending two mediation sessions before the Honorable
Justice Panelli (JAMS);
WHEREAS, this stipulation is not being made for delay or any other improper purpose;
THEREFORE, IT IS HEREBY AGREED AND STIPULATED, subject to the Court’s
approval, that the hearing on Plaintiffs’ motion for class certification (ECF No. 103) is continued
to July 24, 2019 at 2 p.m., and the schedule on Defendants’ motion for summary judgment, is set
as follows:
Event

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Deadline

Motion for summary judgment

April 8, 2019

Opposition

June 10, 2019

Reply

July 10, 2019

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STIP. AND ORDER RE DEFENDANTS’ MSJ AND RE MSJ AND CLASS CERT HEARINGS
CASE NO. 3:16-cv-04067-WHO
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Event
Hearing on summary judgment and class
certification motions

Deadline
July 24, 2019, 2 p.m.

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DATED: March 27, 2019

HAGENS BERMAN SOBOL SHAPIRO LLP
By /s/ Steve W. Berman
Steve W. Berman
Attorneys for Plaintiffs
Vicky Maldonado and Justin Carter

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DATED: March 27, 2019

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 as modified below:

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The hearing on the motions for summary judgment and class certification will be held on
August 7, 2019 at 2 p.m. The change in the hearing date will not adjust the briefing
schedule to which the parties have agreed.

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Date: March 29, 2019
___________________________
Hon. William H. Orrick
United States District Judge

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STIP. AND ORDER RE DEFENDANTS’ MSJ AND RE MSJ AND CLASS CERT HEARINGS
CASE NO. 3:16-cv-04067-WHO
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ECF ATTESTATION
I, Purvi G. Patel, am the ECF User whose ID and password are being used to file this

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document. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that Steve W. Berman,

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counsel of record for Plaintiffs, has concurred in this filing.

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Dated: March 27, 2019

MORRISON & FOERSTER LLP

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By: /s/ Purvi G. Patel
Purvi G. Patel
Attorneys for Defendants
Apple Inc., AppleCare Service Company,
Inc., and Apple CSC Inc.

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STIP. AND ORDER RE DEFENDANTS’ MSJ AND RE MSJ AND CLASS CERT HEARINGS
CASE NO. 3:16-cv-04067-WHO
la-1411716

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