Pecover et al v. Electronic Arts Inc.
Filing
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ORDER Granting 371 Joint MOTION to Continue Case Schedule and Proposed Order for Case Schedule Modification. Reset Deadlines: Case Management Statement due by 7/12/2012. Further Case Management Conference set for 7/19/2012 02:00 PM. Motions due by 7/31/2012. Response/Cross Motions due by 8/14/2012. Replies due by 8/21/2012. Motion Hearing set for 9/27/2012 02:00 PM before Hon. Claudia Wilken. Case Management Statement due by 9/20/2012. Further Case Management Conference set for 9/27/2012 02:00 PM.. Signed by Judge Claudia Wilken on 5/10/2012. (ndr, COURT STAFF) (Filed on 5/10/2012)
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LATHAM & WATKINS LLP
Daniel M. Wall (Bar No. 102580)
Timothy L. O’Mara (Bar No. 212731)
505 Montgomery Street, Suite 2000
San Francisco, California 94111-6538
Telephone: (415) 391-0600
Facsimile: (415) 395-8095
Email: Dan.Wall@lw.com
Email: Tim.OMara@lw.com
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Attorneys for Defendant
ELECTRONIC ARTS INC.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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GEOFFREY PECOVER and ANDREW
OWENS, on Behalf of Themselves and All
Others Similarly Situated,
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CASE NO. C 08-02820 CW
JOINT ADMINISTRATIVE MOTION AND
[PROPOSED] ORDER FOR CASE
SCHEDULE MODIFICATION
Plaintiffs,
Action Filed: June 5, 2008
Judge: The Honorable Claudia Wilken
v.
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ELECTRONIC ARTS INC.,
Defendant.
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ATTORNEYS AT LAW
LOS ANGELES
JOINT MOT. & [PROPOSED] ORDER FOR CASE SCHEDULE
MODIFICATION
CASE NO. C 08-02820 CW
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Class Plaintiffs and Defendant Electronic Arts Inc. (“EA”) are pleased to report they have
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reached a settlement in principle. Accordingly they hereby jointly move the Court to continue all
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existing deadlines in this case for 60 days in order to allow the parties time to attempt to negotiate
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a definitive settlement agreement.
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On Friday, May 4, 2012, the parties mediated this case with former U.S. District Court
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Judge Layn R. Phillips. Judge Phillips, presently of Irell & Manella LLP, is one of the leading
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complex litigation mediators in the United States and has successfully mediated a number of cases
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in this district. The mediation session with Judge Phillips was highly productive and resulted in a
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settlement in principal that is reflected in a nonbinding letter of intent executed by the parties.
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The letter of intent provides that the parties shall have 45 days to negotiate in good faith regarding
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a definitive settlement agreement, which remains subject to approval by all parties, and thereafter
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by the Court.
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Should the Court believe it would be helpful, Judge Phillips has generously offered to
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address the status of this matter with the Court and in particular the reasons the parties require 45
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days to complete their negotiations. The parties jointly consent to this and waive the mediator’s
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privilege to the extent necessary for the Court to communicate with Judge Phillips, as they believe
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Judge Phillips is in the best position to address the mediation/settlement status and provide further
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details to the Court. Judge Phillips telephone number is (949) 760-5296, and his email address is
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LPhillips@irell.com. Judge Phillips has indicated that he is available presently to speak with the
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Court on this matter.
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Because upcoming litigation events, including extensive expert discovery and briefing of
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dispositive motions and other pre-trial motions, will incur considerable expense, and will therefore
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make settlement more difficult and expensive, the parties jointly request that the case schedule be
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modified in the interim.
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request that the Court continue all pending litigation deadlines for 60 days, and set a Case
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ATTORNEYS AT LAW
LOS ANGELES
For these reasons, the parties jointly file this administrative motion to
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JOINT MOT. & [PROPOSED] ORDER FOR CASE SCHEDULE
MODIFICATION
CASE NO. C 08-02820 CW
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Management Conference for July 12, 2012.
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Dated: May 7, 2012
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Respectfully Submitted,
LATHAM & WATKINS LLP
Daniel M. Wall
Timothy L. O’Mara
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By
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/s/ Timothy L. O’Mara
Timothy L. O’Mara
Attorneys for Defendant
ELECTRONIC ARTS, INC.
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Dated: May 7, 2012
Respectfully Submitted,
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HAGENS BERMAN SOBOL SHAPIRO LLP
Shana Scarlett
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THE PAYNTER LAW FIRM PLLC
Stuart M. Paynter
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By
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/s/ Shana Scarlett
Shana Scarlett
CLASS COUNSEL
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[PROPOSED] ORDER
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Good cause appearing therefore, IT IS HEREBY ORDERED that all outstanding deadlines
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in this case are continued for 60 days. except that the date for hearing motions,is
continued to Thursday, September 27, 2012. The pretrial conference and jury
DATED: __________________
HONORABLE Claudia Wilken
necessary at the case management
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conference.
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at 2:00 p.m.
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A case management conference will be held on Thursday, July 19th,
The parties shall advise the Court's expert as to how to proceed.
5/10/2012
DATED:___________________
_______________________________
HONORABLE Claudia Wilken
UNITED STATES DISTRICT COURT JUDGE
SF\954077
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ATTORNEYS AT LAW
LOS ANGELES
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JOINT MOT. & [PROPOSED] ORDER FOR CASE SCHEDULE
MODIFICATION
CASE NO. C 08-02820 CW
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