Ferrington et al v. McAfee, Inc.

Filing 24

STIPULATION AND ORDER AS MODIFIED BY THE COURT RE BRIEFING SCHEDULE AND HEARING ON MOTION TO DISMISS re 19 Stipulation. Motion Hearing set for 11/1/2010 09:00 PM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 6/9/2010. (ecg, COURT STAFF) (Filed on 6/9/2010)

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Attorneys for Defendant McAFEE INC.

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

MELISSA FERRINGTON and CHERYL SCHMIDT, Plaintiffs, v. McAFEE INC., Defendant.

Case No. 5:10-CV-01455 JW CLASS ACTION

STIPULATION AND [PROPOSED] ORDER RE BRIEFING AND HEARING SCHEDULE RE MOTION TO DISMISS; DECLARATION OF DANIEL K. SLAUGHTER IN SUPPORT

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6/9/2010

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

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Plaintiffs Melissa Ferrington and Cheryl Schmidt and defendant McAfee, Inc., by and through their counsel, subject to the Court's approval, stipulate as follows: WHEREAS, plaintiffs served the original complaint on McAfee on April 7, 2010;

WHEREAS, McAfee requested an extension of time to respond to the original complaint and, in response, plaintiffs proposed to file an amended complaint and the parties agreed to set McAfee's response date to be 21 days after the service of plaintiffs' first amended complaint ("FAC"); and WHEREAS, plaintiffs filed and served their FAC on May 13, 2010 and therefore McAfee's deadline for responding to that complaint is June 3, 2010; and WHEREAS, McAfee intends to file a motion to dismiss the action pursuant to Federal Rule of Civil Procedure 12(b)(6) and the first available hearing date on the Court's calendar is October 25, 2010. NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE PARTIES that, subject to the Court's approval, the briefing and hearing schedule on the motion to dismiss shall be as follows: 1. McAfee shall respond to the FAC with the filing and service of a motion to dismiss on or before June 10, 2010; 2. Plaintiffs' papers in opposition to the motion shall be filed and served on July

3. McAfee's reply papers in support of the motion shall be filed and served on or before August 26, 2010; November 2010 at 4. The hearing on the motion to dismiss shall be set for October 25,1, 2010 9:00 at 9:00 an earlier date if the Court's and counsel's calendars permit and briefing is complete. a.m. or A.M. /// /// /// ///
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STIPULATION AND ORDER RE BRIEFING SCHEDULE; DECLARATION IN SUPPORT

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Dated: May 28, 2010

ROSEN, BIEN & GALVAN, LLP

By: /s/ Gay Crothswait Grunfeld Gay Crothswait Grunfeld Attorneys for Plaintiffs MELISSA FERRINGTON and CHERYL SCHMIDT

Dated: May 28, 2010

STEIN & LUBIN LLP

By: /s/ Daniel K. Slaughter Daniel K. Slaughter Attorneys for Defendant McAFEE INC.

PURSUANT TO STIPULATION, IT IS SO ORDERED AS MODIFIED.

June 9, 2010 Dated: _____________________

____________________________________ The Honorable James Ware

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STIPULATION AND ORDER RE BRIEFING SCHEDULE; DECLARATION IN SUPPORT

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DECLARATION OF DANIEL K. SLAUGHTER I, Daniel K. Slaughter, declare as follows: 1. I am Of Counsel at Stein & Lubin LLP, counsel for defendant McAfee, Inc.

("McAfee") in this action. I have personal knowledge that the facts set forth in this declaration are true and correct and, if called as a witness, could and would testify thereto. 2. As set forth in the attached stipulation, the parties have agreed to a briefing and

hearing schedule for McAfee's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). The hearing date is the first available date on the Court's calendar, October 25, 2010. The briefing schedule includes a one week extension of time for McAfee to respond to the first amended complaint ("FAC") by filing the motion, and shortens the time for opposition and reply so that the Court will have additional time to review the motion papers and/or advance the hearing date if that is possible. 3. The reasons for the briefing schedule are as follows: The Court's first available

hearing date for the motion is October 25, 2010. The current deadline for filing the motion is June 3, 2010. Given that there are almost 150 days between those dates, the parties desire to divide up that time so as to enable them to prepare papers addressing all the issues on the motion. The parties also want to give the Court additional time to review the papers and/or to advance the hearing date if possible after briefing is completed. 4. There have been no previous time modification in this action, except that the

parties stipulated previously to allow McAfee an additional 30 days to respond to the original complaint. Fifteen days into that extension, plaintiffs filed their FAC and the current response date is the statutory 21-day time from the filing and service of the FAC. 5. The requested modifications to the timing of the briefing on the motion to dismiss

will have no impact on the schedule for the case, given that the hearing date chosen is, in any event, the first available hearing date on the Court's calendar.

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I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 28th day of May 2010 at San Francisco, California. /s/ Daniel K. Slaughter Daniel K. Slaughter

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STIPULATION AND ORDER RE BRIEFING SCHEDULE; DECLARATION IN SUPPORT