Maldonado et al v. Apple, Inc et al

Filing 255

ORDER MODIFYING DEADLINE TO FILE RESPONSE TO AND REPLY IN SUPPORT OF 239 MOTION TO DECERTIFY. Response due by 2/26/2021. Reply due by 3/19/2021. Signed by Judge William H. Orrick on 2/5/2021. (jmdS, COURT STAFF) (Filed on 2/5/2021)

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STEVE W. BERMAN (Pro Hac Vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 2nd Avenue, Suite 2000
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
ROBERT B. CAREY (Pro Hac Vice)
MICHELLA A. KRAS (Pro Hac Vice)
HAGENS BERMAN SOBOL SHAPIRO LLP
11 West Jefferson, Suite 1000
Phoenix, Arizona 85003
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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[Additional Counsel on Next Page]

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Attorneys for Plaintiffs Vicky Maldonado and
Justin Carter

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MEREDITH R. DEARBORN
GABRIEL R. SCHLABACH
PAUL, WEISS, RIFKIND, WHARTON &
GARRISON LLP
943 Steiner Street
San Francisco, CA 94117
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
KAREN L. DUNN
WILLIAM A. ISAACSON
KYLE N. SMITH
PAUL, WEISS, RIFKIND, WHARTON &
GARRISON LLP
2001 K Street, NW
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants Apple Inc.,
AppleCare Service Company, Inc., and Apple
CSC Inc.

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

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v.
APPLE INC., APPLECARE SERVICE
COMPANY, INC., AND APPLE CSC INC.

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Defendants.

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No. 3:16-cv-04067-WHO
Related Case:
English v. Apple Inc. et al.
Case No. 3:14-cv-01619-WHO

STIPULATION AND ORDER
MODIFYING DEADLINE TO FILE
RESPONSE TO AND REPLY IN
SUPPORT OF MOTION TO DECERTIFY
[Civil L.R. 6-2]
Judge: William H. Orrick
Courtroom: 2, 17th Floor

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Complaint Filed: July 20, 2016
Trial Date: August 16, 2021

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STIPULATION AND ORDER RE
DEADLINES - Case No. 3:16-cv-04067-WHO

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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]
RENEE FAGEN 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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STIPULATION AND ORDER RE
DEADLINES - Case No. 3:16-cv-04067-WHO

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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. stipulate as

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follows:

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WHEREAS, on June 2, 2020, the Court held a Case Management Conference (ECF No.
211);
WHEREAS, the Court ordered that “Daubert/Dispositive motions” be heard by April 7,
2021 (ECF No. 211);
WHEREAS, the Court extended the deadline to file “Daubert/Dispositive motions” from
January 15, 2021 to January 22, 2021, at Plaintiffs’ request (ECF Nos. 208, 211, 236);

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WHEREAS, on January 22, 2021, Plaintiffs filed four Daubert motions and Defendants

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filed four Daubert motions and a Motion to Decertify (ECF Nos. ECF Nos. 239-243, 247-250);

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WHEREAS, because Plaintiffs brought in supplemental attorneys to help respond to

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Defendants’ five extensive and fact intensive motions, and those supplemental attorneys need

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additional time to become familiar with the facts, history, and experts in the case, Plaintiffs require

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an additional week to file their response to Defendants’ Motion to Decertify (Kras Decl. ¶¶ 2-5);

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WHEREAS, the parties have conferred and agreed to move the deadline to file the response

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to the Motion to Decertify from February 19, 2021 to February 26, 2021, and, to give Defendants

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sufficient time to reply, move the deadline to file the reply in support of the Motion to Decertify

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from March 19, 2021 to March 26, 2021 (Kras Decl. ¶¶ 6-8);

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WHEREAS, the parties are not requesting to extend the deadline to file the Daubert motion

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responses and replies, and those deadlines will therefore remain as February 19, 2021 and March

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19, 2021, respectively;

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WHEREAS, the parties request that the Court extend the deadline to file the response to the

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Motion to Decertify from February 19, 2021 to February 26, 2021, and the deadline to file the reply

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in support of the Motion to Decertify from March 19, 2021 to March 26, 2021 (Kras Decl. ¶ 9);

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WHEREAS, the parties are prepared to proceed with the scheduled April 7, 2021 hearing

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date for the Daubert motions and Motion to Decertify, or to proceed on an alternative later date

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should the Court request (Kras Decl. ¶ 8);
STIPULATION AND ORDER RE
DEADLINES - Case No. 3:16-cv-04067-WHO

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WHEREAS, the parties’ request to extend the Motion to Decertify response and reply

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deadlines does not alter the trial date, the deadlines to file the oppositions to or replies in support of

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the Daubert motions, or any other deadline already fixed by the Court (Kras Decl. ¶¶ 8, 10);

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WHEREAS, the pretrial schedule has been modified eleven times (see Dkt. Nos. 76, 88, 92,
94, 150, 158, 164, 178, 196, 211) (Kras Decl. ¶ 11);
WHEREAS, the parties do not make this request for delay or any other improper purpose
(Kras Decl. ¶ 12).
THEREFORE, IT IS HEREBY AGREED AND STIPULATED, subject to the Court’s

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approval, that the deadline for Plaintiffs to file the response to the Motion to Decertify is moved

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from February 19, 2021 to February 26, 2021, and the deadline for Defendants to file the reply in

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support of the Motion to Decertify is moved from March 19, 2021 to March 26, 2021.

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DATED: February 5, 2021

HAGENS BERMAN SOBOL SHAPIRO LLP

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By /s/ Steve W. Berman
Steve W. Berman
Attorneys for Plaintiffs
Vicky Maldonado and Justin Carter

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DATED: February 5, 2021

PAUL, WEISS, RIFKIND, WHARTON &
GARRISON LLP

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By /s/ Karen L. Dunn
Karen L. Dunn
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: the hearing on the
motion to decertify will be continued to April 14, 2021 at 2 p.m..

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Date: February 5, 2021
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____________________________________
Hon. William H. Orrick
United States District Judge

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STIPULATION AND ORDER RE
DEADLINES - Case No. 3:16-cv-04067-WHO

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ECF ATTESTATION

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I, Steve W. Berman, am the ECF User whose ID and password are being used to file this
document. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that Karen L. Dunn,
counsel of record for Defendants, has concurred in this filing.
Dated: February 5, 2021

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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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STIPULATION AND ORDER RE
DEADLINES - Case No. 3:16-cv-04067-WHO

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