Fafard v. Apple Inc. et al
Filing
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ORDER by Judge Claudia Wilken Granting 39 Stipulation (ndr, COURT STAFF) (Filed on 2/11/2014)
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.
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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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13 BARBARA FAFARD, individually and on behalf
of a class of similarly situated individuals,
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Plaintiff,
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vs.
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APPLE INC., BEST BUY CO., INC.; and
17 INCOMM HOLDINGS, INC.,
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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
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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”),
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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
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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
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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
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11 require additional time to prepare and submit that motion.
NOW, THEREFORE, IT IS HEREBY AGREED AND STIPULATED, subject to the
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13 approval of the Court, that:
The Parties shall submit a motion for preliminary approval of class settlement for the Court’s
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15 consideration on February 18, 2014;
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Case No. 12-CV-5125-CW
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JOINT STATEMENT, STIPULATED REQUEST AND [PROPOSED] ORDER
TO SUBMIT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT
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The Case Management Conference currently set for March 13, 2014 is continued to
2 March 27, 2014.
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IT IS SO STIPULATED.
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5 DATED: February 7, 2014
MARCUS & AUERBACH LLC
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By
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/s/ Jonathan Auerbach
Jonathan Auerbach
Attorney for Plaintiff
Barbara Fafard
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REED SMITH LLP
A limited liability partnership formed in the State of Delaware
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DATED: February 7, 2014
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REED SMITH LLP
By
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/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
–3–
JOINT STATEMENT, STIPULATED REQUEST AND [PROPOSED] ORDER
TO SUBMIT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT
ORDER
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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.
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6 IT IS SO ORDERED:
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8 DATED: 2/11/2014
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The Honorable Claudia Wilken
United States District Court Judge
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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[PROPOSED] ORDER
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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.
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DATED: February 7, 2014
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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
–1–
JOINT STATEMENT, STIPULATED REQUEST AND [PROPOSED] ORDER
TO SUBMIT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT
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