Roberts v. McAfee, Inc.

Filing 69

STIPULATION AND ORDER ENLARGING TIME FOR DEFENDANT MCAFEE, INC TO FILE MOTION FOR ATTORNEYS' FEES AND COSTS re 67 Stipulation filed by McAfee, Inc. Signed by Judge Phyllis J. Hamilton on 3/23/10. (nah, COURT STAFF) (Filed on 3/23/2010)

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LYNNE C. HERMLE (STATE BAR NO. 99779) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: [phone] KENNETH P. HERZINGER (STATE BAR NO. 209688) [e-mail] BROOKE D. ARENA (STATE BAR NO. 238836) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant McAfee, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

KENT H. ROBERTS Plaintiff, v. McAFEE, INC., Defendant.

Case No. CV-09-4303 STIPULATION AND [PROPOSED] ORDER ENLARGING TIME FOR DEFENDANT MCAFEE, INC. TO FILE MOTION FOR ATTORNEYS' FEES AND COSTS

STIPULATION AND [PROPOSED] ORDER ENLARGING TIME FOR DEFENDANT MCAFEE TO FILE MOTION FOR ATTORNEYS' FEES AND COSTS CASE NO. CV-09-4303

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IT IS HEREBY STIPULATED AND AGREED, by and between plaintiff Kent Roberts ("Roberts") and defendant McAfee, Inc. ("McAfee"), through their undersigned counsel of record, pursuant to Civil L.R. 6-2 as follows: On March 8, 2010, the Court entered an order granting in part McAfee's motion to strike Roberts's complaint pursuant to California Code of Civil Procedure Section 425.16 ("AntiSLAPP Motion"). McAfee has submitted a pleading stating that it intends to file a motion for attorneys' fees and costs in connection with its Anti-SLAPP Motion. Pursuant to Federal Rule of Civil Procedure 54, McAfee's deadline to file its motion for fees is March 22, 2010, 14 days following the Court's order granting in part the Anti-SLAPP Motion. The parties seek to enlarge by two weeks the time in which McAfee must file its motion for fees. This two-week extension will permit McAfee to file its motion for fees on or before April 5, 2010. As set forth in the accompanying Declaration of Kenneth P. Herzinger in Support of this Stipulation and [Proposed] Order, Roberts requested this two-week extension in order to have adequate time to assess McAfee's claim of entitlement to attorneys' fees in connection with the Anti-SLAPP Motion and to give the parties additional time to meet and confer regarding McAfee's motion for fees. Extending the foregoing deadline will have no additional impact on the schedule for the case as no other deadlines need rescheduling at this time. Accordingly, the parties stipulate to extend the deadline as set forth above, and respectfully request that the Court so order. // // // // // // // //
STIPULATION AND [PROPOSED] ORDER ENLARGING TIME FOR DEFENDANT MCAFEE TO FILE MOTION FOR ATTORNEYS' FEES AND COSTS CASE NO. CV-09-4303

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IT IS SO STIPULATED THROUGH COUNSEL OF RECORD.

Dated: March 19, 2010

ORRICK, HERRINGTON & SUTCLIFFE LLP /s/ Kenneth P. Herzinger LYNNE C. HERMLE KENNETH P. HERZINGER BROOKE D. ARENA Attorneys for Defendant McAfee, Inc.

Dated: March 19, 2010

GILLESPIE, ROZEN & WATSKY P.C. /s/ Hal S. Gillespie HAL K. GILLESPIE JAMES D. SANFORD TIFFANY C. ALVOID Attorneys for Plaintiff Kent Roberts

ORDER FOR GOOD CAUSE SHOWN AND PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:

23 March __, 2010

_______________________________________ THE HONORABLE PHYLLED . HAMILTON IS J DER UNITED STATES OIRTRICT JUDGE SO D S S
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