Embry v. ACER America Corporation

Filing 56

STIPULATION AND ORDER AS MODIFIED BY THE COURT TO CONTINUE CLASS CERTIFICATION DISCOVERY CUTOFF AND BRIEFING SCHEDULE AND CONTINUING CASE MANAGEMENT CONFERENCE re 55 Stipulation. Close of Discovery due by 4/5/2010. Certification Motion due by 4/26 /2010. Joint Case Management Conference statement due 6/11/2010. Case Management Conference set for 6/21/2010 10:00 AM. Motion Hearing set for 6/21/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 3/16/2010. (ecg, COURT STAFF) (Filed on 3/17/2010)

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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 GUTRIDE SAFIER LLP ADAM J. GUTRIDE (State Bar No. 181446) adam@gutridesafier.com SETH A. SAFIER (State Bar No. 197427) 835 Douglass Street seth@gutridesafier.com L. JAY KUO (State Bar No. 173293) jay@gutridesafier.com San Francisco, California 94114 Telephone: (415) 336-6545 Facsimile: (415) 449-6469 Attorneys for Plaintiff S DISTRICT QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP ATE C T Jeffery D. McFarland (Bar No. 157628) jeffmcfarland@quinnemanuel.com Stan Karas (Bar No. 222402) D RDERE stankaras@quinnemanuel.com IS SO O FIED IT DI A.J. Bedel (Bar No. 243603) AS MO ajbedel@quinnemanuel.com 865 South Figueroa Street, 10th Floor re mes Wa Los Angeles, California 90017-2543 Judge Ja Telephone: (213) 443-3000 Facsimile: (213) 443-3100 ER C N F D IS T IC T O Attorneys for Defendant ACER AMERICA CORPORATION R 3/16/2010 RT U O UNIT ED S UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION KEVIN EMBRY, an individual, on behalf of himself, the general public and those similarly situated Plaintiff, v. ACER AMERICA CORPORATION; AND DOES 1 THROUGH 50 Defendants CASE NO. CV-09-01808 (JW) STIPULATION TO FURTHER CONTINUE CLASS CERTIFICATION DISCOVERY CUTOFF AND BRIEFING SCHEDULE A LI FO R NIA 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 TO THE COURT: WHEREAS, pursuant to the parties' stipulation of October 29, 2009, the Court has set the following schedule for class certification: discovery cutoff on March 5, 2010; motion due March 22, 2010; opposition due April 5, 2010; reply due April 9, 2010; hearing April 26, 2010; WHEREAS, the parties have engaged in substantial discussions about possible structures to settle this case; WHEREAS, on February 17, 2010, Defendant produced versions of the Windows operating system that were installed on Acer computers sold in the United States during the proposed class period; WHEREAS, Defendants are still in the process of preparing a list showing which version of the operating system was installed on each model computer it sold; WHEREAS, Plaintiffs have retained an expert to identify any differences between (1) the versions of the Windows operating system that were installed on the Acer computers and (2) the same-named versions of the Windows operating system that were sold at retail and/or available under Microsoft's standard OEM license; WHEREAS, Plaintiffs' expert estimates that he will complete the analysis by April, 2010; WHEREAS, after the expert analysis is complete, the parties will need additional time to continue their settlement discussions; WHEREAS, the parties believe these settlement discussions will be most likely to succeed if the class certification discovery cutoff and briefing schedule are further continued; NOW THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE that the dates for class certification, including the discovery cut-off date, should be extended for approximately 120 days, so that the new dates will be as follows: Discovery Cutoff: Motion Due: Opposition Due: April9, 2010 July 5, 2010 April26, 2010 July 26, 2010 May 17,9, 2010 August 2010 /// /// STIPULATION TO FURTHER CONTINUE CLASS CERT DATES EMBRY V. ACER, CASE 09-1808 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 May 31, 16, 2010 Reply Due: August 2010 Hearing: June 21, 2010 at 9:00 AM. Hearing: August 30, 2010 June 21, 2010 10:00 AM The Case Management Conference set for April 26,2010 atat 9:00AM is also continued to June 21, 2010 at 10:00 AM. The parties are to file joint case management conference statement IT IS SO STIPULATED. on or before June 11, 2010. DATED: March 5, 2010 GUTRIDE SAFIER LLP By:/s/ Adam Gutride ________________________ Adam Gutride Seth A. Safier Attorneys for Plaintiff Kevin Embry DATED: March 5, 2010 QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP By:/s/ Jeff McFarland________________________ Jeffery D. McFarland Stan Karas A.J. Bedel Attorneys for Defendant Acer America Corporation FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.AS MODIFIED DATED: March 16, ______________, 2010 _________________________________________ Honorable James Ware United States District Court Judge STIPULATION TO FURTHER CONTINUE CLASS CERT DATES EMBRY V. ACER, CASE 09-1808 2

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