Mendez -v- Intel Corporation

Filing 102

STIPULATION AND ORDER AS MODIFIED BY THE COURT Adjusting Briefing and Hearing Schedule re 101 Stipulation. Motion for Class Certification due by 10/22/2010, Set/Reset Deadlines as to 93 Document E-Filed Under Seal and Class Certification briefing: Opposition due by 11/19/2010. Replies due by 12/2/2010. Motion Hearing set for 12/20/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 9/23/2010. (ecg, COURT STAFF) (Filed on 9/23/2010)

"In Re Intel Laptop Battery Litigation."

Doc. 102

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Interim Class Counsel

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION In re Intel Laptop Battery Litigation Case No. 09-CV-02889-JW (PVT) STIPULATION AND [PROPOSED] ORDER ADJUSTING BRIEFING AND HEARING SCHEDULE

STIPULATION AND ORDER ADJUSTING BRIEFING AND HEARING SCHEDULE CASE NO. 09-CV-02889-JW
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Eric H. Gibbs (State Bar No. 178658) [e-mail] Dylan Hughes (State Bar No. 209113) [e-mail] Geoffrey A. Munroe (State Bar No. 228590) [e-mail] GIRARD GIBBS LLP 601 California Street, 14th Floor San Francisco, California 94108 Telephone: [phone] Facsimile: [phone]

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WHEREAS, the parties participated in an August mediation with Judge Ronald M. Sabraw (Ret.), and have for the past several weeks continued to exchange settlement proposals; WHEREAS, the parties are optimistic that they will be able to reach a settlement that would resolve this case, and wish to devote the next 30 days toward that effort rather than toward briefing of class certification and summary judgment; and WHEREAS, the parties recognize that their request for a 30-day extension of the current briefing and hearing schedule is being presented on the day that Plaintiffs' motion for class certification is due to be filed, but only today reached agreement that it would be beneficial to their settlement efforts and preferable to the parties for Plaintiffs to hold off on filing their motion so that the parties can continue their settlement negotiations, NOW THEREFORE, the parties stipulate that, subject to the Court's approval, that the briefing and hearing schedule set forth in the Court's 9/14/10 stipulated order [Doc. 100] be modified as follows: (1) Plaintiffs to file (or lodger in accordance with Local Rule 79-5) and serve their motion

for class certification on or before October 22, 2010; (2) Defendants to file (or lodge in accordance with Local Rule 79-5) and serve their

oppositions to Plaintiffs' motion for class certification on or before November 19, 2010; (3) Plaintiffs to file (or lodge in accordance with Local Rule 79-5) and serve their

opposition to Defendants' motion for summary judgment on or before November 19, 2010; (4) Plaintiffs to 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 December 6, 2010; December 2, 2010; (5) Defendants to file (or lodge in accordance with Local Rule 79-5) and serve their reply in

Decembe 2, 2010; further support of Defendants' motion for summary judgment on or before Decemberr6, 2010; (6) The hearing on Plaintiffs' motion for class certification and Defendants' motion for

summary judgment shall take place on December 20, 2010, at 9:00 a.m.

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STIPULATION AND ORDER ADJUSTING BRIEFING AND HEARING SCHEDULE CASE NO. 09-CV-02889-JW

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(7)

The parties will promptly advise the Court if they reach agreement on a final settlement

on or before October 22, 2010, and in such an event, will request that the Court vacate the above dates and set a date for hearing preliminary approval of the proposed settlement.

IT IS SO STIPULATED

DATED: September 22, 2010

By: /s/ Eric H. Gibbs GIRARD GIBBS LLP Interim Class Counsel By: /s/ Joseph E. Mais PERKINS COIE LLP Attorney for Defendant Intel Corporation By: /s/ Barry Lee Katzman NARANCIC & KATZMAN, PC Attorney for Defendant Business Applications Performance Corporation ORDER

DATED: September 22, 2010

DATED: September 22, 2010

PURSUANT TO STIPULATION, IT IS SO ORDERED: AS MODIFIED.

September 23, 2010

_____________________________________ HON. JAMES WARE United States District Judge

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STIPULATION AND ORDER ADJUSTING BRIEFING AND HEARING SCHEDULE CASE NO. 09-CV-02889-JW