Fafard v. Apple Inc. et al

Filing 40

ORDER by Judge Claudia Wilken Granting 39 Stipulation (ndr, COURT STAFF) (Filed on 2/11/2014)

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1 Abraham J. Colman (SBN 146933) acolman@reedsmith.com 2 Felicia Y. Yu (SBN 193316) fyu@reedsmith.com 3 Mathew M. Wrenshall (SBN 284466) mwrenshall@reedsmith.com 4 REED SMITH LLP 355 South Grand Avenue, Suite 2900 5 Los Angeles, CA 90071-1514 Telephone: 213.457.8000 213.457.8080 6 Facsimile: 7 Attorneys for Defendant INCOMM HOLDINGS, INC. and 8 BEST BUY CO., INC. 9 REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 13 BARBARA FAFARD, individually and on behalf of a class of similarly situated individuals, 14 Plaintiff, 15 vs. 16 APPLE INC., BEST BUY CO., INC.; and 17 INCOMM HOLDINGS, INC., 18 Case No. 12-CV-5125-CW JOINT STATEMENT, STIPULATED REQUEST, AND ORDER TO EXTEND TIME TO SUBMIT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT [Local Rule 6-2, 7-12, 16-2(e)] Defendants. The Honorable Claudia Wilken 19 20 21 22 23 24 25 26 27 28 Case No. 12-CV-5125-CW –1– JOINT STATEMENT, STIPULATED REQUEST AND [PROPOSED] ORDER TO SUBMIT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT Plaintiff Barbara Fafard (“Plaintiff”) and Defendants InComm Holdings, Inc. (“InComm”), 1 2 Best Buy Co. Inc. (“Best Buy”), and Apple Inc. (“Apple”) (collectively, “Defendants,” and 3 collectively with Plaintiff, the “Parties”), by their undersigned counsel, stipulate as follows: WHEREAS, the Parties have, with the assistance of the Honorable Ronald M. Sabraw 4 5 (Ret.), executed a Memorandum of Understanding (MOU) memorializing the Parties’ agreement in 6 principle to settle the litigation; WHEREAS, the Parties have worked diligently to finalize documents related to the 7 8 settlement and to prepare a motion for preliminary approval of class settlement for the Court’s 9 consideration by February 6, 2014; WHEREAS, because of logistical challenges on the part of the Defendants, the Parties REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 11 require additional time to prepare and submit that motion. NOW, THEREFORE, IT IS HEREBY AGREED AND STIPULATED, subject to the 12 13 approval of the Court, that: The Parties shall submit a motion for preliminary approval of class settlement for the Court’s 14 15 consideration on February 18, 2014; 16 / / / 17 / / / 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / Case No. 12-CV-5125-CW –2– JOINT STATEMENT, STIPULATED REQUEST AND [PROPOSED] ORDER TO SUBMIT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT 1 The Case Management Conference currently set for March 13, 2014 is continued to 2 March 27, 2014. 3 IT IS SO STIPULATED. 4 5 DATED: February 7, 2014 MARCUS & AUERBACH LLC 6 By 7 8 /s/ Jonathan Auerbach Jonathan Auerbach Attorney for Plaintiff Barbara Fafard 9 REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 DATED: February 7, 2014 11 REED SMITH LLP By 12 13 14 15 DATED: February 7, 2014 /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 16 By 17 18 /s/ David M. Walsh David M. Walsh Attorney for Defendant Apple Inc. 19 20 21 22 23 24 25 26 27 28 Case No. 12-CV-5125-CW –3– JOINT STATEMENT, STIPULATED REQUEST AND [PROPOSED] ORDER TO SUBMIT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT ORDER 1 2 Pursuant to the above Stipulation, and good cause appearing therefor, the date for submission 3 of the Parties’ Motion For Preliminary Approval Of Class Settlement is hereby moved to 4 February 18, 2014. The Case Management Conference is hereby continued to April 3, 2014. 5 6 IT IS SO ORDERED: 7 8 DATED: 2/11/2014 9 The Honorable Claudia Wilken United States District Court Judge REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 12-CV-5125-CW –1– [PROPOSED] ORDER 1 I, Mathew M. Wrenshall, attest that as the ECF filer of this Stipulation I obtained concurrence 2 for this filing from all signatories to this document. 3 4 DATED: February 7, 2014 5 REED SMITH LLP By 6 7 /s/ Mathew M. Wrenshall Mathew M. Wrenshall Attorney for Defendants InComm Holdings, Inc. and Best Buy Co. Inc. 8 9 REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 12-CV-5125-CW –1– JOINT STATEMENT, STIPULATED REQUEST AND [PROPOSED] ORDER TO SUBMIT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT

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