Dickey v. Advanced Micro Devices, Inc.

Filing 147

ORDER by Judge Haywood S. Gilliam, Jr. Granting 146 Notice of Settlement and JOINT STIPULATION WITH PROPOSED ORDER to Enlarge All Pre-Trial and Trial Deadlines Pending Submission of Motion for Preliminary Approval of Settlement. (ndrS, COURT STAFF) (Filed on 6/3/2019)

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MATTHEW D. POWERS (S.B. #212682)
[e-mail]
E. CLAY MARQUEZ (S.B. #268424)
[e-mail]
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3823
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
ADVANCED MICRO DEVICES, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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TONY DICKEY, and PAUL PARMER
individually and on behalf of all others
similarly situated,
Plaintiffs,

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v.
ADVANCED MICRO DEVICES, INC., a
Delaware corporation,

Case No. 4:15-cv-04922 HSG
NOTICE OF SETTLEMENT AND JOINT
STIPULATION AND ORDER TO
ENLARGE ALL PRE-TRIAL AND TRIAL
DEADLINES PENDING SUBMISSION OF
MOTION FOR PRELIMINARY
APPROVAL OF SETTLEMENT
Judge:

Hon. Haywood S. Gilliam, Jr.

Defendant.

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JOINT STIP. AND [PROPOSED] ORDER TO
ENLARGE PRE-TRIAL/TRIAL DEADLINES
CASE NO. 4:15-CV-04922 HSG

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JOINT STIPULATION TO ENLARGE ALL PRE-TRIAL AND TRIAL DEADLINES
Pursuant to Rules 6-1, 6-2, 7-12, and 40-1 of the Civil Local Rules of the United States

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District Court for the Northern District of California, Plaintiffs Tony Dickey and Paul Parmer

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(collectively, “Plaintiffs”) and Defendant Advanced Micro Devices, Inc. (“AMD”) hereby file

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this Joint Stipulation to Enlarge All Pre-Trial and Trial Deadlines in this consumer class action

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case by approximately sixty (60) days. This filing is made with respect to the following facts and

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recitals:

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WHEREAS, the parties participated in a mediation session before the Honorable James F.
Holderman (Ret.) of JAMS in May 2019, and as a result, have reached an agreement in principle

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to settle this case on a class-wide basis, subject to the Court’s preliminary and final approval of

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the terms of settlement;

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WHEREAS, Plaintiffs anticipate needing approximately 30 days to prepare and file a
motion for preliminary approval of class settlement;
WHEREAS, the current pre-trial and trial deadlines are as follows:
Event
Close of Fact Discovery
Exchange Opening Expert Reports
Exchange Rebuttal Expert Reports
Close of Expert Discovery
Last Day to File Dispositive and/or Daubert
Motions
Oppositions to Dispositive and Daubert Motions
Replies to Dispositive and Daubert Motions
Dispositive Motion Hearing Deadline
Last Day for Parties to Meet and Confer
Exchange Exhibits
Motions in Limine Deadline
Oppositions to Motions in Limine Deadline
Pretrial Conference Statement Deadline
Pretrial Conference
Form Exhibit and Witness Lists Deadline
8-Day Jury Trial

Court Deadline
July 3, 2019
July 26, 2019
September 13, 2019
October 4, 2019
November 1, 2019
December 20, 2019
January 17, 2019
February 6, 2020 at 2:00 p.m.
April 24, 2020
May 15, 2020
May 29, 2020
June 5, 2020
June 5, 2020
June 23, 2020 at 3:00 p.m.
July 2, 2020
July 13, 2020, at 8:30 a.m.

WHEREAS, the parties have conferred and agreed, subject to the Court’s approval, to

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enlarge all current pre-trial and trial deadlines by 60 days to allow for the preparation of a formal

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settlement agreement and papers in support of Plaintiffs’ anticipated motion for preliminary
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JOINT STIP. AND [PROPOSED] ORDER TO
ENLARGE PRE-TRIAL/TRIAL DEADLINES
CASE NO. 4:15-CV-04922 HSG

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approval of class settlement;
WHEREAS, the parties anticipate requesting the Court to issue a formal stay vacating all

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pre-trial and trial deadlines in connection with the submission of Plaintiffs’ anticipated motion for

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preliminary approval, pending final approval of settlement;

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WHEREAS, enlarging all current pre-trial and trial deadlines would avoid potentially

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unnecessary expenses and fees while the parties finalize their settlement and prepare a motion for

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preliminary approval and notice class-wide settlement;

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NOW, THEREFORE, by and through the undersigned counsel, the parties stipulate and
agree, subject to the Court’s approval, that all current pre-trial and trial deadlines are enlarged by
approximately 60 days, as follows:
Event
Close of Fact Discovery
Exchange Opening Expert Reports
Exchange Rebuttal Expert Reports
Close of Expert Discovery
Last Day to File Dispositive and/or Daubert
Motions
Oppositions to Dispositive and Daubert Motions
Replies to Dispositive and Daubert Motions
Dispositive Motion Hearing Deadline
Last Day for Parties to Meet and Confer
Exchange Exhibits
Motions in Limine Deadline
Oppositions to Motions in Limine Deadline
Pretrial Conference Statement Deadline
Pretrial Conference
Form Exhibit and Witness Lists Deadline
8-Day Jury Trial

NEW Court Deadline
September 3, 2019
September 24, 2019
November 12, 2019
December 3, 2019
January 2, 2020
February 18, 2020
March 17, 2020
April 6, 2020 at 2:00 p.m.
June 23, 2020
July 14, 2020
July 28, 2020
August 4, 2020
August 4, 2020
August 24, 2020 at 3:00 p.m.
August 31, 2020
September 11, 2020 at 8:30 a.m.

IT IS SO STIPULATED.

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[Signature page to follow]

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JOINT STIP. AND [PROPOSED] ORDER TO
ENLARGE PRE-TRIAL/TRIAL DEADLINES
CASE NO. 4:15-CV-04922 HSG

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Dated: May 31, 2019

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O’MELVENY & MYERS LLP
By:

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/s/ E. Clay Marquez
E. Clay Marquez

Matt D. Powers
[e-mail]
E. Clay Marquez
[e-mail]

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Attorneys for Defendant
ADVANCED MICRO DEVICES, INC.

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Dated: May 31, 2019

EDELSON PC
By: /s/ Todd Logan
Todd Logan
Rafey S. Balabanian
[e-mail]
Todd Logan
[e-mail]
Attorneys for Plaintiffs and the Class

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JOINT STIP. AND [PROPOSED] ORDER TO
ENLARGE PRE-TRIAL/TRIAL DEADLINES
CASE NO. 4:15-CV-04922 HSG

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ATTESTATION OF FILING
Pursuant to Local Civil Rule 5.1(i)(3) regarding signatures, I, E. Clay Marquez, hereby

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attest that concurrence in the filing of this Joint Stipulation and [Proposed] Order to Enlarge All

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Pre-Trial and Trial Deadlines Pending Submission of Motion for Preliminary Approval of

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Settlement has been duly obtained from Todd Logan, counsel for Plaintiffs in the above-

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captioned case.

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Dated: May 31, 2019

O’MELVENY & MYERS LLP
By:

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/s/ E. Clay Marquez
E. Clay Marquez

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Attorneys for Defendant
ADVANCED MICRO DEVICES, INC.

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED
DATED: June 3, 2019

_______________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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JOINT STIP. AND [PROPOSED] ORDER TO
ENLARGE PRE-TRIAL/TRIAL DEADLINES
CASE NO. 4:15-CV-04922 HSG