Morgan et al v. Apple Inc.

Filing 72

STIPULATION AND ORDER RE 71 Extending Deadline to File Stipulation of Dismissal. Signed by Judge Richard Seeborg on 3/13/2020. (cl, COURT STAFF) (Filed on 3/13/2020)

1 TYCKO & ZAVAREEI LLP
HASSAN A. ZAVAREEI (181547)
2 ([e-mail])
1828 L Street, NW, Suite 1000
3 Washington, DC 20036
Telephone: [phone]
4 Facsimile: [phone]

COOLEY LLP
MICHELLE C. DOOLIN (179445)
([e-mail])
DARCIE A. TILLY (239715)
([e-mail])
4401 Eastgate Mall
San Diego, CA 92121
Telephone: [phone]
Facsimile:
[phone]

5 TYCKO & ZAVAREEI LLP
ANNICK PERSINGER (272996)
6 ([e-mail])
1970 Broadway, Suite 1070
7 Oakland, CA 94612
Telephone: [phone]
8 Facsimile: [phone]

COOLEY LLP
PATRICK E. GIBBS (183174)
([e-mail])
BRETT H. DE JARNETTE (292919)
([e-mail])
3175 Hanover Street
Palo Alto, CA 94304-1130
Telephone: [phone]
Facsimile:
[phone]

9 Counsel for Plaintiffs
10 Additional Counsel for Plaintiffs Listed on
Signature Page
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Attorneys for Defendant
Apple Inc.

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DEONN MORGAN, LYDIA ZEPEDA,
SOPHIA IVY, KELLY OKOROCHA, and
JENNIFER ZIELINSKI, CHRISTOPHER
BIZZELLE, AND DANA RODENBECK
individually and on behalf of themselves and all
others similarly situated,

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Plaintiffs,

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Case No. 3:17-cv-5277-RS
JOINT STIPULATION AND
ORDER EXTENDING DEADLINE
TO FILE STIPULATION OF
DISMISSAL
Judge: Hon. Richard Seeborg

v.
APPLE INC.,
Defendant.

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Pursuant to Civil Local Rules 6-1(b), 6-2, and 7-12 Plaintiffs Deonn Morgan, Lydia Zepeda,

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Sophia Ivy, Kelly Okorocha, Jennifer Zielinski, Christopher Bizzelle, and Dana Rodenbeck

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(“Plaintiffs”) and Defendant Apple Inc. (“Defendant”), by and through their respective counsel hereby

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jointly agree and stipulate that good cause exists to briefly extend the Parties’ deadline to file a

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stipulation of dismissal, as set forth below:
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JOINT STIP. AND [PROPOSED] ORDER CONT. CMC - CASE NO. 4:17-CV-5277-RS

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WHEREAS, Plaintiffs filed their initial complaint (ECF No. 1) on September 12, 2017;

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WHEREAS, on January 9, 2020, the parties notified the Court that they had reached a

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preliminary settlement in a case captioned Simmons v. Apple Inc., No. 17CV312251, in the Superior Court

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of the State of California, County of Santa Clara, in which the parties are represented by the same

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counsel of record in this case, which would result in the dismissal of this matter; and

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WHEREAS, the Court ordered the parties to file a stipulation of dismissal by no later than

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March 12, 2020, or to appear on March 19, 2020, to show cause why the case should not be dismissed;

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and

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WHEREAS, due to the parties’ ongoing discussions regarding the details of the Simmons class

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settlement, including the form of class notice, the parties were forced to delay filing dismissals in this

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matter; and

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WHEREAS, the motion for preliminary approval of the Simmons class settlement will be filed
with the Santa Clara County Superior Court by March 20, 2020;
WHEREAS, the parties have agreed that a brief extension of time is warranted and that the
parties will be able to file a stipulation of dismissal by no later than April 10, 2020.
NOW THEREFORE, THE FOLLOWING IS HEREBY STIPULATED by and between the
parties, through their respective counsel:
The deadline for the Parties to file the stipulation of dismissal is extended until April 10, 2020.

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2.
STIP. AND [PROPOSED] ORDER - CASE NO. 4:17-CV-5277-RS

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IT IS SO STIPULATED.

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Dated: March 12, 2020

TYCKO & ZAVAREEI LLP

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By: s/Hassan A. Zavareei
Hassan A. Zavareei (181547)
Hassan A. Zavareei (181547)
1828 L Street, NW, Suite 1000
Washington, DC 20036
Telephone: [phone]
Facsimile: [phone]
eMail:
[e-mail]
Annick Persinger (272996)
1970 Broadway, Suite 1070
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
eMail:
[e-mail]
E. Powell Miller (pro hac vice forthcoming)
Mahde Abdallah (pro hac vice forthcoming)
Sharon S. Almonrode (pro hac vice forthcoming)
THE MILLER LAW FIRM, P.C.
950 West University Drive, Suite 300
Rochester, Michigan 48307
Telephone: [phone]
Facsimile: [phone]
eMail:
[e-mail]
[e-mail]
[e-mail]
Gregory F. Coleman (pro hac vice forthcoming)
Adam A. Edwards (pro hac vice forthcoming)
Mark E. Silvey (pro hac vice forthcoming)
GREG COLEMAN LAW PC
First Tennessee Plaza
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Telephone: [phone]
eMail:
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs and the Putative Class

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3.
STIP. AND [PROPOSED] ORDER - CASE NO. 4:17-CV-5277-RS

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Date: March 12, 2020

COOLEY LLP

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By: s/ Michelle C. Doolin
Michelle C. Doolin (179445)

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Attorneys for Defendant Apple Inc.

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ATTORNEY ATTESTATION
I, Hassan A. Zavareei, am the ECF user whose ID and password are being used to file this Stipulation
and [Proposed] Order. In compliance with L.R. 5-1, I hereby attest that concurrence in the filing of
the document has been obtained from each of the other signatories.
___/s/ Hassan A. Zavareei___
Hassan A. Zavareei

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
March 13
Dated: ________________, 2020

__________________________________________
THE HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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4.
STIP. AND [PROPOSED] ORDER - CASE NO. 4:17-CV-5277-RS