Ferrington et al v. McAfee, Inc.

Filing 129

Order by Hon. Lucy H. Koh granting (128) Stipulation in case 5:10-cv-01455-LHK (AS MODIFIED). Associated Cases: 5:10-cv-01455-LHK, 5:11-cv-00721-LHK(lhklc1, COURT STAFF) (Filed on 6/15/2012)

Case5:10-cv-01455-LHK Document128 Filed06/14/12 Page1 of 3

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Daniel K. Slaughter (SBN 136725)
Michael F. Donner (SBN 155944)
STEIN & LUBIN LLP
Transamerica Pyramid
600 Montgomery Street, 14th Floor
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]

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Attorneys for Defendant
MCAFEE, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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MELISSA FERRINGTON and CHERYL
SCHMIDT,

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Plaintiffs,
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v.

Case No. CV-10-01455 LHK (HRL)
JOINT STIPULATION AND [PROPOSED]
ORDER RE PROPOSED SETTLEMENT
AND POSTPONEMENT OF CERTAIN
PRETRIAL DATES

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MCAFEE, INC.,
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Defendant.

Complaint Filed: April 6, 2010
Trial Date: April 29, 2013
Judge:
Hon. Lucy H. Koh

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KEN POCHIS,
Plaintiff,

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v.
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Case No. CV-11-0721 LHK (HRL)
Complaint Filed: February 16, 2011
Trial Date: None
Judge: Hon. Lucy H. Koh

ARPU, INC., MCAFEE, INC., and IOLO
TECHNOLOGIES, LLC,

AS MODIFIED

Defendants

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The parties to both of the related action captioned above, by and through their
counsel, subject to the Court’s approval, STIPULATE AS FOLLOWS:

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WHEREAS, the parties, following extensive negotiations taking into account the
Court’s order denying final approval of the previous settlement, have agreed to the basic terms of

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51160033/464052v1

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Case No. CV 10-1455-LHK (HRL)

STIPULATION AND [PROPOSED] ORDER RE POSTPONEMENT OF CERTAIN PRETRIAL DATES

Case5:10-cv-01455-LHK Document128 Filed06/14/12 Page2 of 3

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a revised class settlement of both of these actions, as memorialized in the written “Memorandum

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of Understanding” executed by each of them, and attached hereto;

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WHEREAS, the parties are working to finalize a written settlement agreement and

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to negotiate an agreement on attorneys’ fees, which issue may be the subject of the case

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management and settlement conference set by the Court on July 11, 2012 at 2:00 p.m., as

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discussed at the last case management conference on May 23, 2012;

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WHEREAS, the parties wish to avoid unnecessary litigation while they finalize the

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revised settlement, and concur that, while the parties are finalizing the settlement, neither the

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parties nor the Court should expend resources on motion practice relating to the pleadings or a

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class certification motion, or other litigation activity in these actions;

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WHEREAS, Defendants’ deadline to respond to the complaint in Pochis is

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currently June 18, 2012, Ferrington plaintiffs’ deadline to file a class certification motion is

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currently June 21, 2012, and McAfee’s deadline to respond to the second amended complaint in

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Ferrington is currently July 2, 2012, and the parties agree that these dates should be postponed in

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order to facilitate settlement discussions;

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WHEREAS, the parties recognize that if the settlement agreement cannot be

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finalized as now anticipated, the case should proceed without delay at the pace set forth in the

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scheduling order currently in place, with adjusted dates for responsive pleadings or motions and a

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class certification motion.

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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED BY AND
BETWEEN THE PARTIES that, subject to the Court’s approval:

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All dates and deadlines entered by the Court on May 23, 2012, shall remain in

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place except that Defendants’ deadline for responding (by way of motion, answer or otherwise) to

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the complaint in Pochis and the second amended complaint in Ferrington, and Plaintiffs’ deadline

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for filing a class certification motion in Ferrington, shall be off calendar, pending rescheduling at

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the July 11, 2012 case management conference.

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51160033/464052v1

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Case No. CV 10-1455-LHK (HRL)

STIPULATION AND [PROPOSED] ORDER RE POSTPONEMENT OF CERTAIN PRETRIAL DATES

Case5:10-cv-01455-LHK Document128 Filed06/14/12 Page3 of 3

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Dated: June 14, 2012

STEIN & LUBIN LLP

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/S/ Daniel K. Slaughter
By: _________________________
Daniel K. Slaughter
Counsel for Defendant McAFEE, INC.

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Dated: June 14, 2012

RIMON LAW GROUP

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/S/ Scott R. Raber
By: _________________________
Scott R. Raber
Counsel for Defendant ARPU, INC.

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Dated: June 14, 2012

QUINN EMANUEL URQUHART & SULLIVAN, LLP

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/S/ Shon Morgan
By: _________________________
Shon Morgan
Counsel for Def. IOLO TECHNOLOGIES LLC

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Dated: June 14, 2012

COHEN MILSTEIN SELLERS & TOLL PLLC

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/S/ Victoria S. Nugent
By: _________________________
Victoria S. Nugent
Counsel for Plaintiffs in Ferrington

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Dated: June 14, 2012

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/S/ James R. Patterson
By: _________________________
James R. Patterson
Counsel for Plaintiffs in Pochis

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PATTERSON LAW GROUP, APC

[PROPOSED] ORDER
At the July 11, 2012 case management conference the parties shall be prepared to discuss: (1)
whether there is a reverter; (2) how onerous the claims process will be; and (3) the anticipated
total payment and THE STIPULATION, IT IS SO ORDERED.
PURSUANT TO benefits to the class.
PURSUANT TO THE STIPULATION, IT IS SO ORDERED.
June 15, 2012
Dated:
Honorable Lucy H. Koh
Judge of the United States District Court

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Case No. CV 10-1455-LHK (HRL)

STIPULATION AND [PROPOSED] ORDER RE POSTPONEMENT OF CERTAIN PRETRIAL DATES