Ferrington et al v. McAfee, Inc.

Filing 139

Order by Hon. Lucy H. Koh granting 138 Stipulation.(lhklc1, COURT STAFF) (Filed on 12/6/2012)

Case5:10-cv-01455-LHK Document138 Filed12/05/12 Page1 of 3

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Andrew N. Friedman admitted pro hac vice
Victoria S. Nugent admitted pro hac vice
Stefanie M. Ramirez admitted pro hac vice
COHEN MILSTEN SELLERS & TOLL PLLC
1100 New York Avenue NW
Washington DC 20005
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs

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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,
Plaintiffs,

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v.

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Case No. CV-10-01455 LHK (HRL)
JOINT STIPULATION AND [PROPOSED]
ORDER RE DEADLINE FOR THE FILING
OF PLAINTIFFS’ MOTION FOR
PRELIMINARY APPROVAL OF
PROPOSED CLASS SETTLEMENT

MCAFEE, INC.,
Defendant.

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

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KEN POCHIS,

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Plaintiff,
v.

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Complaint Filed: February 16, 2011
Trial Date: None
Judge: Hon. Lucy H. Koh

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

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Case No. CV-11-0721 LHK (HRL)

Defendants.

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The parties to both of the related actions captioned above, by and through their
counsel, subject to the Court’s approval, STIPULATE AS FOLLOWS:
WHEREAS, the parties agreed after the mediation before the Court on November
19, 2012 that they would finalize the settlement papers to submit to the Court on December 10,

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1

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

JOINT STIPULATION AND [PROPOSED] ORDER RE DEADLINE FOR THE FILING OF PLAINTIFFS' MOTION FOR PRELIMINARY
APPROVAL OF PROPOSED CLASS SETTLEMENT

Case5:10-cv-01455-LHK Document138 Filed12/05/12 Page2 of 3

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2012;

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WHEREAS, the parties have been in the process of revising, reviewing and

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approving the settlement agreement, notices, and claim form since the mediation before the Court

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to reflect the settlement terms reached;

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WHEREAS, the settlement agreement and related exhibits have not been

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circulated in final form, but are expected to be circulated for final review and approval by the end

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of this week;

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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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Plaintiffs will file their motion for preliminary approval of the proposed

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settlement, along with the settlement agreement and all exhibits thereto, on Monday, December

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17, 2012.

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Dated: December 5, 2012

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

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STEIN & LUBIN LLP

Dated: December 5, 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: December 5, 2012
LLP

QUINN EMANUEL URQUHART & SULLIVAN

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

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

JOINT STIPULATION AND [PROPOSED] ORDER RE DEADLINE FOR THE FILING OF PLAINTIFFS' MOTION FOR PRELIMINARY
APPROVAL OF PROPOSED CLASS SETTLEMENT

Case5:10-cv-01455-LHK Document138 Filed12/05/12 Page3 of 3

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Dated: December 5, 2012

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

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COHEN MILSTEIN SELLERS & TOLL PLLC

Dated: December 5, 2012

PATTERSON LAW GROUP, APC
/S/ James R. Patterson
By: _________________________
James R. Patterson
Counsel for Plaintiffs in Pochis

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[PROPOSED] ORDER

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PURSUANT TO THE STIPULATION, IT IS SO ORDERED.

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Dated: December 6, 2012
Honorable Lucy H. Koh
Judge of the United States District Court

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

JOINT STIPULATION AND [PROPOSED] ORDER RE DEADLINE FOR THE FILING OF PLAINTIFFS' MOTION FOR PRELIMINARY
APPROVAL OF PROPOSED CLASS SETTLEMENT