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)

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Case5:10-cv-01455-LHK Document128 Filed06/14/12 Page1 of 3 1 2 3 4 5 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: (415) 981-0550 Facsimile: (415) 981-4343 dslaughter@steinlubin.com mdonner@steinlubin.com 6 7 Attorneys for Defendant MCAFEE, INC. 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 MELISSA FERRINGTON and CHERYL SCHMIDT, 14 Plaintiffs, 15 v. Case No. CV-10-01455 LHK (HRL) JOINT STIPULATION AND [PROPOSED] ORDER RE PROPOSED SETTLEMENT AND POSTPONEMENT OF CERTAIN PRETRIAL DATES 16 MCAFEE, INC., 17 Defendant. Complaint Filed: April 6, 2010 Trial Date: April 29, 2013 Judge: Hon. Lucy H. Koh 18 19 KEN POCHIS, Plaintiff, 20 v. 21 22 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 23 . 24 25 The parties to both of the related action captioned above, by and through their counsel, subject to the Court’s approval, STIPULATE AS FOLLOWS: 26 27 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 28 51160033/464052v1 1 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 1 a revised class settlement of both of these actions, as memorialized in the written “Memorandum 2 of Understanding” executed by each of them, and attached hereto; 3 WHEREAS, the parties are working to finalize a written settlement agreement and 4 to negotiate an agreement on attorneys’ fees, which issue may be the subject of the case 5 management and settlement conference set by the Court on July 11, 2012 at 2:00 p.m., as 6 discussed at the last case management conference on May 23, 2012; 7 WHEREAS, the parties wish to avoid unnecessary litigation while they finalize the 8 revised settlement, and concur that, while the parties are finalizing the settlement, neither the 9 parties nor the Court should expend resources on motion practice relating to the pleadings or a 10 class certification motion, or other litigation activity in these actions; 11 WHEREAS, Defendants’ deadline to respond to the complaint in Pochis is 12 currently June 18, 2012, Ferrington plaintiffs’ deadline to file a class certification motion is 13 currently June 21, 2012, and McAfee’s deadline to respond to the second amended complaint in 14 Ferrington is currently July 2, 2012, and the parties agree that these dates should be postponed in 15 order to facilitate settlement discussions; 16 WHEREAS, the parties recognize that if the settlement agreement cannot be 17 finalized as now anticipated, the case should proceed without delay at the pace set forth in the 18 scheduling order currently in place, with adjusted dates for responsive pleadings or motions and a 19 class certification motion. 20 21 NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE PARTIES that, subject to the Court’s approval: 22 All dates and deadlines entered by the Court on May 23, 2012, shall remain in 23 place except that Defendants’ deadline for responding (by way of motion, answer or otherwise) to 24 the complaint in Pochis and the second amended complaint in Ferrington, and Plaintiffs’ deadline 25 for filing a class certification motion in Ferrington, shall be off calendar, pending rescheduling at 26 the July 11, 2012 case management conference. 27 28 51160033/464052v1 2 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 1 Dated: June 14, 2012 STEIN & LUBIN LLP 2 /S/ Daniel K. Slaughter By: _________________________ Daniel K. Slaughter Counsel for Defendant McAFEE, INC. 3 4 5 Dated: June 14, 2012 RIMON LAW GROUP 6 7 /S/ Scott R. Raber By: _________________________ Scott R. Raber Counsel for Defendant ARPU, INC. 8 9 Dated: June 14, 2012 QUINN EMANUEL URQUHART & SULLIVAN, LLP 10 11 /S/ Shon Morgan By: _________________________ Shon Morgan Counsel for Def. IOLO TECHNOLOGIES LLC 12 13 Dated: June 14, 2012 COHEN MILSTEIN SELLERS & TOLL PLLC 14 /S/ Victoria S. Nugent By: _________________________ Victoria S. Nugent Counsel for Plaintiffs in Ferrington 15 16 17 Dated: June 14, 2012 18 /S/ James R. Patterson By: _________________________ James R. Patterson Counsel for Plaintiffs in Pochis 19 20 21 22 23 24 25 26 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 S DISTRICT TE C TA RT A H ER 51160033/464052v1 . Ko h Lucy H FO NO Judge R NIA ERED O ORD IT IS S D ODIFIE AS M LI UNIT ED 28 RT U O S 27 N F D IS T IC T O R C 3 Case No. CV 10-1455-LHK (HRL) STIPULATION AND [PROPOSED] ORDER RE POSTPONEMENT OF CERTAIN PRETRIAL DATES

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