Ferrington et al v. McAfee, Inc.

Filing 64

STIPULATION AND ORDER ADJUSTING SCHEDULING ORDER AS MODIFIED BY THE COURT. Case Management Statement due by 4/7/2011. Case Management Conference set for 4/14/2011 01:30 PM in Courtroom 4, 5th Floor, San Jose. Motion Hearing set for 4/14/2011 01:30 PM in Courtroom 4, 5th Floor, San Jose. Signed by Judge Koh on 12/6/2010. (lhklc1, COURT STAFF) (Filed on 12/6/2010)

Ferrington et al v. McAfee, Inc.

Doc. 64

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Gay Crosthwait Grunfeld ­ 121944 Shirley Huey ­ 224114 ROSEN, BIEN & GALVAN, LLP 315 Montgomery Street, Tenth Floor San Francisco, California 94104-1823 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Local Counsel for Plaintiffs Andrew N. Friedman- admitted pro hac vice Victoria S. Nugent ­ admitted pro hac vice Stefanie M. Ramirez ­ admitted pro hac vice COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Avenue, N.W., Suite 500 West Washington, D.C. 20005-3964 Telephone: [phone] Facsimile: [phone] [e-mail] Counsel for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION MELISSA FERRINGTON and CHERYL SCHMIDT, individually and on behalf of the class they represent, Plaintiffs, v. MCAFEE INC., a Delaware Corporation, Defendant. NO. 5:10-cv-01455 LHK STIPULATION AND [PROPOSED] ORDER ADJUSTING SCHEDULING ORDER as modified by the Court Matthew N. Metz - 154995 METZ LAW GROUP, PLLC 701 Fifth Avenue, Suite 7230 Seattle, Washington 98104-7042 Telephone: [phone] Facsimile: [phone] [e-mail] Counsel for Plaintiffs

Plaintiffs Melissa Ferrington and Cheryl Schmidt ("Plaintiffs") and Defendant McAfee, Inc. ("Defendant"), by and through their counsel, subject to the Court's approval, STIPULATE AS FOLLOWS: WHEREAS, on August 4, 2010, Plaintiffs served their First Set of Requests for
NO. 5:10-CV-01455: STIP. & [PROPOSED] ORDER ADJUSTING SCHEDULING ORDER
Dockets.Justia.com

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Production of Documents on Defendant McAfee, Inc; WHEREAS, on September 7, 2010, Defendant McAfee, Inc. responded to Plaintiffs' requests, indicating that it would produce documents responsive to all but one request, subject to certain objections; WHEREAS, during the September 28, 2010 hearing, the Court advised Defendant that the tentative ruling on McAfee's Motion to Dismiss was to deny the motion with respect to the UCL claims and that discovery on those claims would proceed; WHEREAS, the Defendant assured the Court that certain discovery requested by Plaintiffs would be provided in advance of mediation; WHEREAS, the parties have been consulting on at least a weekly basis since October 8, 2010 regarding the status of discovery and document production; WHEREAS, the parties have agreed to engage The Honorable Ronald M. Sabraw (Ret.) of JAMS to mediate their dispute; WHEREAS, Judge Sabraw's only available date prior to the case management conference is December 9, 2010; WHEREAS, McAfee has been diligently working on gathering and reviewing documents for discovery and anticipates completing its production by December 8, 2010; WHEREAS, Plaintiffs have requested that the production be completed two weeks in advance of the mediation date; WHEREAS, the next available dates on Judge Sabraw's calendar after December 8 fall in January. NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE PARTIES that, subject to the Court's approval: The parties' deadline for mediation shall be extended to January 22, 2011, and the other dates and deadlines entered by the Court on September 28, 2010, shall be extended by a fiveweek period, as follows: FURTHER CASE MANAGEMENT CONFERENCE is rescheduled for February 16, 2011 at 2 p.m. to follow the hearing on Plaintiff's class certification motion. -2NO. 5:10-CV-01455: STIP. & [PROPOSED] ORDER ADJUSTING SCHEDULING ORDER

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CLASS CERTIFICATION MOTION shall be filed by March 10, 2011 and set for a hearing no later than April 14, 2011, at 1:30 p.m. DEADLINE TO AMEND THE PLEADINGS is June 6, 2011. FACT DISCOVERY CUT-OFF is August 5, 2011. EXPERT DISCOVERY CUT-OFF is September 23, 2011. DISPOSTIVE MOTIONS shall be filed by October 13, 2011, and set for hearing no later than November 17, 2011, at 1:30 p.m.

Dated: November 29, 2010

By: /s/ Victoria S. Nugent__________ Andrew N. Friedman Victoria S. Nugent Stefanie M. Ramirez COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Avenue, N.W. Suite 500, West Tower Washington, DC 20005 Telephone: [phone] Facsimile: [phone] Gay Crosthwait Grunfeld Shirley Huey ROSEN, BIEN & GALVAN, LLP 315 Montgomery Street, Tenth Floor San Francisco, CA 94104-1823 Telephone: [phone] Facsimile: [phone] Local Counsel for Plaintiffs Melissa Ferrington and Cheryl Schmidt Matthew N. Metz METZ LAW GROUP, PLLC 701 Fifth Avenue, Suite 7230 Seattle, WA 98104 Telephone: [phone] Facsimile: [phone] Counsel for Plaintiffs

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NO. 5:10-CV-01455: STIP. & [PROPOSED] ORDER ADJUSTING SCHEDULING ORDER

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Dated: November 29, 2010

By: /s/ Daniel K. Slaughter________ Daniel K. Slaughter Michael F. Donner STEIN & LUBIN 600 Montgomery Street, 14th Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Counsel for Defendant MCAFEE, INC.

[PROPOSED] ORDER

PURSUANT TO THE STIPULATION, IT IS SO ORDERED. as modified by the Court.

Dated: December 6, 2010 Honorable Lucy H. Koh Judge of the United States District Court