Mendez -v- Intel Corporation

Filing 100

STIPULATION AND ORDER Regarding Briefing and Hearing Schedule for Class Certification and Summary Judgment Motions re 99 Stipulation. Motion Hearing set for Class Certification and Summary Judgment on 11/15/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 9/14/2010. (ecg, COURT STAFF) (Filed on 9/14/2010)

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RAOUL D. KENNEDY (CA Bar No. 40892) JAMES P. SCHAEFER (CA Bar No. 250417) JOAN E. SHREFFLER (CA Bar No. 245629) SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP Four Embarcadero Center, Suite 3800 San Francisco, California 94111-4144 Telephone: [phone] Facsimile: [phone] Email: [e-mail]; [e-mail]; [e-mail] JOSEPH E. MAIS (CA Bar No. 103756) ANTHONY L. MARKS (AZ Bar No. 012258) TIMOTHY J. FRANKS (CA Bar No. 197645) DAN L. BAGATELL (CA Bar No. 218879) PERKINS COIE BROWN & BAIN P.A. 2901 North Central Avenue Post Office Box 400 Phoenix, Arizona 85001-0400 Telephone: [phone] Facsimile: [phone] Email: [e-mail]; [e-mail]; [e-mail]; [e-mail] PHILIP A. LEIDER (CA Bar No. 229751) PERKINS COIE LLP Four Embarcadero Center, Suite 2400 San Francisco, California 94111-4131 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant INTEL CORPORATION

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION IN RE INTEL LAPTOP BATTERY LITIGATION CASE NO. 5:09-cv-02889-JW (PVT) STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING AND HEARING SCHEDULE Judge: Complaint Filed: Trial Date: Discovery Cutoff: Honorable James Ware June 26, 2009 None February 28, 2011

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Plaintiffs Barry Wachsler, Diane Murphy and Maria Rodriguez ("Plaintiffs") and Defendants Intel Corporation and the Business Applications Performance Corporation ("BAPCo") ("Defendants") hereby stipulate as follows: WHEREAS Plaintiffs' motion for class certification is scheduled to be heard on November 15, 2010; WHEREAS Plaintiffs have communicated their intent to move for class certification exclusively under Rule 23(b)(2); WHEREAS Plaintiffs have agreed not to seek monetary relief in this action, either by pursuing a claim for damages or restitution or otherwise, and have agreed that the only relief they will seek in this action is injunctive relief and recovery of their reasonable attorneys' fees and/or costs; WHEREAS the parties have conferred on an appropriate schedule for the briefing of the class certification motion in light of these agreements; and WHEREAS Defendants wish to have their alternative motions for summary judgment or for establishment of facts ("motion for summary judgment") heard on the same date as Plaintiffs' motion for class certification and have filed an administrative motion requesting that both hearings be set on November 15; NOW THEREFORE IT IS STIPULATED BY AND AMONG THE PARTIES THAT: Plaintiffs will file (or lodge in accordance with Local Rule 79-5) and serve their motion for class certification on or before September 22, 2010; Defendants will file (or lodge in accordance with Local Rule 79-5) and serve their oppositions to Plaintiffs' motion for class certification on or before October 18, 2010; Plaintiffs will file (or lodge in accordance with Local Rule 79-5) and serve their opposition to Defendants' motion for summary judgment on or before October 18, 2010; Plaintiffs will file (or lodge in accordance with Local Rule 79-5) and serve their reply in further support of their motion for class certification on or before November 1, 2010; Defendants will file (or lodge in accordance with Local Rule 79-5) and serve their reply in further support of their motion for summary judgment on or before November 1, 2010; and
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Plaintiffs will not oppose Defendants' administrative motion to move the hearing on Defendants' motion for summary judgment from November 22 to November 15 to coincide with the hearing on Plaintiffs' motion for class certification. IT IS SO STIPULATED.

DATED: September 10, 2010

GIRARD GIBBS LLP By: /s/_Eric H. Gibbs____________ Eric H. Gibbs Interim Class Counsel for Plaintiffs

DATED: September 10, 2010

PERKINS COIE LLP By: /s/_ Philip A. Leider____________ Philip A. Leider Attorneys for Defendant INTEL CORPORATION

DATED: September 10, 2010

NARANCIC & KATZMAN, PC By: /s/ Barry L. Katzman____________ Barry L. Katzman Attorneys for Defendant BUSINESS APPLICATIONS PERFORMANCE CORPORATION

STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING AND HEARING SCHEDULE

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PURSUANT TO STIPULATION OF THE PARTIES: Plaintiffs will file (or lodge in accordance with Local Rule 79-5) and serve their motion for class certification on or before September 22, 2010; Defendants will file (or lodge in accordance with Local Rule 79-5) and serve their oppositions to Plaintiffs' motion for class certification on or before October 18, 2010; Plaintiffs will file (or lodge in accordance with Local Rule 79-5) and serve their opposition to Defendants' motion for summary judgment on or before October 18, 2010; Plaintiffs will file (or lodge in accordance with Local Rule 79-5) and serve their reply in October 29, 2010; further support of their motion for class certification on or before November 1, 2010. Defendants will file (or lodge in accordance with Local Rule 79-5) and serve their reply in further support of their motion for summary judgment on or before November 1, 2010; and October 29, 2010; The hearing on Defendants' motion for summary judgment will be heard on November 15 at the same time as the hearing on Plaintiffs' motion for class certification. IT IS SO ORDERED. September 14, DATED: ____________________, 2010. ____________________________________ The Honorable James Ware United States District Judge

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STIPULATION AND [PROPOSED] ORDER

CERTIFICATE OF SERVICE I hereby certify that September 10, 2010, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will automatically send e-mail notification of such filing to all counsel who have entered an appearance in this action. _______/s/ Sheila Merrill___________ Sheila Merrill

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REGARDING BRIEFING AND HEARING SCHEDULE

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