Pecover et al v. Electronic Arts Inc.

Filing 372

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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1 2 3 4 5 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: Email: 6 7 Attorneys for Defendant ELECTRONIC ARTS INC. 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 12 13 GEOFFREY PECOVER and ANDREW OWENS, on Behalf of Themselves and All Others Similarly Situated, 14 15 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. 16 17 18 ELECTRONIC ARTS INC., Defendant. 19 20 21 22 23 24 25 26 27 28 ATTORNEYS AT LAW LOS ANGELES JOINT MOT. & [PROPOSED] ORDER FOR CASE SCHEDULE MODIFICATION CASE NO. C 08-02820 CW 1 Class Plaintiffs and Defendant Electronic Arts Inc. (“EA”) are pleased to report they have 2 reached a settlement in principle. Accordingly they hereby jointly move the Court to continue all 3 existing deadlines in this case for 60 days in order to allow the parties time to attempt to negotiate 4 a definitive settlement agreement. 5 On Friday, May 4, 2012, the parties mediated this case with former U.S. District Court 6 Judge Layn R. Phillips. Judge Phillips, presently of Irell & Manella LLP, is one of the leading 7 complex litigation mediators in the United States and has successfully mediated a number of cases 8 in this district. The mediation session with Judge Phillips was highly productive and resulted in a 9 settlement in principal that is reflected in a nonbinding letter of intent executed by the parties. 10 The letter of intent provides that the parties shall have 45 days to negotiate in good faith regarding 11 a definitive settlement agreement, which remains subject to approval by all parties, and thereafter 12 by the Court. 13 Should the Court believe it would be helpful, Judge Phillips has generously offered to 14 address the status of this matter with the Court and in particular the reasons the parties require 45 15 days to complete their negotiations. The parties jointly consent to this and waive the mediator’s 16 privilege to the extent necessary for the Court to communicate with Judge Phillips, as they believe 17 Judge Phillips is in the best position to address the mediation/settlement status and provide further 18 details to the Court. Judge Phillips telephone number is (949) 760-5296, and his email address is 19 Judge Phillips has indicated that he is available presently to speak with the 20 Court on this matter. 21 Because upcoming litigation events, including extensive expert discovery and briefing of 22 dispositive motions and other pre-trial motions, will incur considerable expense, and will therefore 23 make settlement more difficult and expensive, the parties jointly request that the case schedule be 24 modified in the interim. 25 request that the Court continue all pending litigation deadlines for 60 days, and set a Case 26 \\\\ 27 \\\\ 28 \\\\ ATTORNEYS AT LAW LOS ANGELES For these reasons, the parties jointly file this administrative motion to 1 JOINT MOT. & [PROPOSED] ORDER FOR CASE SCHEDULE MODIFICATION CASE NO. C 08-02820 CW 1 Management Conference for July 12, 2012. 2 3 Dated: May 7, 2012 4 Respectfully Submitted, LATHAM & WATKINS LLP Daniel M. Wall Timothy L. O’Mara 5 6 By 7 8 /s/ Timothy L. O’Mara Timothy L. O’Mara Attorneys for Defendant ELECTRONIC ARTS, INC. 9 Dated: May 7, 2012 Respectfully Submitted, 10 HAGENS BERMAN SOBOL SHAPIRO LLP Shana Scarlett 11 12 13 THE PAYNTER LAW FIRM PLLC Stuart M. Paynter 14 By 15 /s/ Shana Scarlett Shana Scarlett CLASS COUNSEL 16 17 18 [PROPOSED] ORDER 19 Good cause appearing therefore, IT IS HEREBY ORDERED that all outstanding deadlines 20 21 , is 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 23 trial dates are vacated, to be reset if UNITED STATES DISTRICT COURT JUDGE 22 24 conference. 25 at 2:00 p.m. 26 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 27 28 ATTORNEYS AT LAW LOS ANGELES 2 JOINT MOT. & [PROPOSED] ORDER FOR CASE SCHEDULE MODIFICATION CASE NO. C 08-02820 CW

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