Embry v. ACER America Corporation

Filing 184

STIPULATION AND ORDER re 183 Stipulation filed by Kevin Embry. Signed by Judge James Ware on 9/12/11. (sis, COURT STAFF) (Filed on 9/12/2011)

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Attorneys for Plaintiff

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QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP
Jeffery D. McFarland (Bar No. 157628)
[e-mail]
Stan Karas (Bar No. 222402)
[e-mail]
A.J. Bedel (Bar No. 243603)
[e-mail]
865 South Figueroa Street, 10th Floor
Los Angeles, California 90017-2543
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant ACER AMERICA CORPORATION

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GUTRIDE SAFIER LLP
ADAM J. GUTRIDE (State Bar No. 181446)
[e-mail]
SETH A. SAFIER (State Bar No. 197427)
835 Douglass Street
[e-mail]
L. JAY KUO (State Bar No. 173293)
[e-mail]
San Francisco, California 94114
Telephone: [phone]
Facsimile: [phone]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
KEVIN EMBRY, an individual, on behalf of
himself, the general public and those similarly
situated
Plaintiff,
v.

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ACER AMERICA CORPORATION; AND
DOES 1 THROUGH 50

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Defendants

CASE NO. CV-09-01808 (JW)
STIPULATION TO CONTINUE
HEARING RE MOTION FOR
PRELIMINARY APPROVAL OF CLASS
ACTION SETTLEMENT AND MOTION
FOR CLASS CERTIFICATION

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TO THE COURT:
WHEREAS, the hearing on the parties’ joint motion for preliminary approval of a class

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action settlement, or in the alternative Plaintiff’s motion for class certification, is set for

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September 12, 2011, at 9:00 a.m.

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WHEREAS, on September 9, 2011, the Court ordered the parties to file a revised

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proposed order on the motion for preliminary approval that includes the name of a qualified third-

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party claim administrator (Dkt.# 182) (“September 9 Order”);

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WHEREAS, the September 9 Order stated that if the Parties were unable to retain a thirdparty claim administrator by September 12, 2011, they were permitted to file a stipulation to
continue the hearing to September 19, 2011;
WHEREAS, the parties are still attempting to retain a third-party claim administrator and
are negotiating about the costs of the administrator;

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NOW THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE as follows:

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(1)

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The hearing on the pending motions shall be continued to September 19, 2011 at

9:00 am;
(2)

No later than noon on September 16, 2011, the Parties shall either (1) file a revised

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Proposed Order that complies with the September 9 Order or (2) inform the Court that they have

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been unable to reach agreement on obtaining a qualified third-party claim administrator. If

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agreement is not reached, the parties will either jointly stipulate to reschedule the hearing or will

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dissolve the proposed settlement and proceed with the hearing on Plaintiff’s pending motion for

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class certification.

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IT IS SO STIPULATED.
DATED:

September 11, 2011

GUTRIDE SAFIER LLP

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By:/s/ Adam Gutride ________________________
Adam Gutride
Seth A. Safier
Attorneys for Plaintiff Kevin Embry

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STIPULATION TO CONTINUE PRELIM. APPROVAL HEARING – EMBRY V. ACER, CASE 09-1808

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DATED:

September 11, 2011

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QUINN EMANUEL URQUHART OLIVER &
HEDGES, LLP
By:/s/ Jeff McFarland________________________
Jeffery D. McFarland
Stan Karas
A.J. Bedel
Attorneys for Defendant Acer America
Corporation

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED:

September 12
______________, 2011

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_________________________________________
Honorable James Ware
United States District Court Judge

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STIPULATION TO CONTINUE PRELIM. APPROVAL HEARING – EMBRY V. ACER, CASE 09-1808

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