Gordon v. Apple Computer

Filing 60

STIPULATION AND ORDER Re Notice program as set forth in the 59 Amended Order Granting Approval of Forms and Methods of Notice re 58 Stipulation filed by Brian F Gordon, Apple Computer Inc.. Signed by Judge James Ware on 9/3/2008. (ecg, COURT STAFF) (Filed on 9/3/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION REGARDING FORMS & METHODS OF NOTICE CASE NO. 5:06-CV-05358-JW sf-2564564 UNIT ED S S DISTRICT TE C TA ER N UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION F D IS T IC T O R BRIAN F. GORDON, on behalf of himself and all others similarly situated, Plaintiff, v. APPLE COMPUTER, INC., and DOES 1 THROUGH 50, inclusive, Defendant. Case No. 5:06-cv-05358-JW CLASS ACTION STIPULATION REGARDING FORMS AND METHODS OF NOTICE A C LI FO mes Wa Judge Ja re R NIA OO IT IS S D RDERE RT U O NO RT H 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, this Court issued an Order Granting Conditional Certification of a Settlement Class, Approval of Forms and Methods of Notice, and Preliminary Approval of Settlement Agreement and Release on March 24, 2008; WHEREAS, the notice program approved by the Court on March 24, 2008 and implemented by the Parties inadvertently omitted certain computer models covered by the Settlement; and WHEREAS, the Parties have developed a further notice program to ensure that notice is provided to purchasers of the models omitted from the initial notice program; IT IS HEREBY STIPULATED AS FOLLOWS: The Parties agree to the further notice program as set forth in the [Proposed] Amended Order Granting Approval of Forms and Methods of Notice (and the exhibits thereto) filed simultaneously with this Stipulation. IT IS SO STIPULATED. Dated: August 27, 2008 PENELOPE A. PREOVOLOS ANDREW D. MUHLBACH JOHANNA W. ROBERTS MORRISON & FOERSTER LLP By: /s/Penelope A. Preovolos Penelope A. Preovolos Attorneys for Defendant APPLE COMPUTER, INC. Dated: August 27, 2008 HELEN ZELDES LAW OFFICES OF HELEN ZELDES MEL E. LIFSHITZ RONALD J. ARANOFF BERNSTEIN LIEBHARD & LIFSHITZ, LLP By: /s/Helen Zeldes Helen Zeldes Attorneys for Plaintiff BRIAN F. GORDON STIPULATION REGARDING FORMS & METHODS OF NOTICE CASE NO. 5:06-CV-05358-JW sf-2564564 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Penelope A. Preovolos, am the ECF user whose ID and password are being used to file this Stipulation Regarding Forms and Method of Notice. In compliance with General Order 45.X.B, I hereby attest that Helen Zeldes has concurred in this filing. Dated: August 27, 2008 PENELOPE A. PREOVOLOS ANDREW D. MUHLBACH JOHANNA W. ROBERTS MORRISON & FOERSTER LLP By: /s/Penelope A. Preovolos Penelope A. Preovolos Attorneys for Defendant APPLE COMPUTER, INC. STIPULATION REGARDING FORMS & METHODS OF NOTICE CASE NO. 5:06-CV-05358-JW sf-2564564 2

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