Fafard v. Apple Inc. et al

Filing 29

ORDER by Judge Claudia Wilken Granting 27 Stipulation To Continue Case Management Conference (ndr, COURT STAFF) (Filed on 3/26/2013)

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Abraham J. Colman (SBN 146933)
[e-mail]
Felicia Y. Yu (SBN 193316)
[e-mail]
Mathew M. Wrenshall (SBN 284466)
[e-mail]
REED SMITH LLP
355 South Grand Avenue, Suite 2900
Los Angeles, CA 90071-1514
Telephone:
213.457.8000
Facsimile:
213.457.8080
Attorneys for Defendant
INCOMM HOLDINGS, INC. and
BEST BUY CO., INC.

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BARBARA FAFARD, individually and on behalf
of a class of similarly situated individuals,

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Plaintiff,
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Case No. 12-CV-5125-CW
STIPULATED REQUEST AND ORDER TO
CONTINUE CASE MANAGEMENT
CONFERENCE

vs.
[Local Rule 6-2, 7-12, 16-2(e)]

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APPLE INC., BEST BUY CO., INC.; and
INCOMM HOLDINGS, INC.,

The Honorable Claudia Wilken

Defendants.

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Case No. 12-CV-5125-CW

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STIPULATED REQUEST AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

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Pursuant to Local Rules 6-2, 7-12, and 16-2(e), Plaintiff Barbara Fafard and Defendants

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Apple, Inc. (“Apple”), Best Buy Co. Inc. (“Best Buy”), and InComm Holdings, Inc. (“InComm”)

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(collectively, “Defendants”), through their respective counsel of record, hereby stipulate as follows

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with reference to the following facts:
RECITALS

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1.

On October 3, 2012, Plaintiff Barbara Fafard filed a complaint against Apple, Best

Buy, and InComm.
2.

Plaintiff and Defendants have conducted extensive discussions about possible early

resolution of the case. On March 7, 2013, the parties met in person in Philadelphia, Pennsylvania to

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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discuss the case. The parties agreed to continue their discussions before a mediator in San

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Francisco.

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3.

On March 13, 2013, this case was assigned from the Honorable Edward Chen to the

Honorable Claudia Wilken.
4.

On March 14, 2013, the Court entered an Order Setting a Case Management

Conference for Wednesday, April 10, 2013.
5.

On March 15, 2013, the Court entered an Order extending Defendants’ date for

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responding to Plaintiff’s Complaint so that the parties could participate in mediation on April 25,

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2013 before Judge Ronald M. Sabraw (Ret.).

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6.

Judge Sabraw had to cancel the April 25, 2013 mediation.

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7.

The parties are now trying to reschedule the mediation for a date in May 2013 with

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Judge Sabraw.
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The parties believe the interests of judicial economy would be served by continuing

the Case Management Conference until after the May 2013 mediation with Judge Sabraw.
STIPULATION

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NOW, THEREFORE, in consideration of the foregoing, the Parties, by and through their

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respective counsel of record, hereby STIPULATE that the Case Management Conference be

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continued to a date in July 2013 to allow the parties additional time to resolve this case.

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Case No. 12-CV-5125-CW

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STIPULATED REQUEST AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

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IT IS SO STIPULATED.

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DATED: March 25, 2013

MARCUS & AUERBACH LLC
By
/s/ Jonathan Auerbach
Jonathan Auerbach
Attorney for Plaintiff
Barbara Fafard

DATED: March 25, 2013

REED SMITH LLP

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By

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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DATED: March 25, 2013

/s/ Mathew M. Wrenshall
Abraham J. Colman
Felicia Y. Yu
Mathew M. Wrenshall
Attorneys for Defendants
InComm Holdings, Inc. and Best Buy Co. Inc.

MORRISON & FOERSTER

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By

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/s/ David M. Walsh
David M. Walsh
Attorney for Defendant
Apple Inc.

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Case No. 12-CV-5125-CW

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STIPULATED REQUEST AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

ORDER

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Pursuant to the above Stipulation, and good cause appearing therefor, the April 10, 2013

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Case Management Conference is CONTINUED to July 10, 2013, 2013 at 2:00 p.m. The Parties

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shall file a joint statement advising the Court of the status of mediation and settlement discussions no

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later than July 3, 2013.

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IT IS SO ORDERED:

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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DATED: 3/26/2013

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The Honorable Claudia Wilken
United States District Court Judge

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Case No. 12-CV-5125-CW

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STIPULATED REQUEST AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

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I, Mathew M. Wrenshall, attest that as the ECF filer of this Stipulation I obtained concurrence
for this filing from all signatories to this document.

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DATED: March 25, 2013

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REED SMITH LLP

By

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/s/ Mathew M. Wrenshall
Mathew M. Wrenshall
Attorney for Defendants
InComm Holdings, Inc. and Best Buy Co. Inc.

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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Case No. 12-CV-5125-CW

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STIPULATED REQUEST AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE