Ferrington et al v. McAfee, Inc.

Filing 89

STIPULATION AND ORDER re 85 Granting 83 MOTION to Amend the Complaint. Signed by Judge Koh on 7/19/2011. (lhklc1, COURT STAFF) (Filed on 7/19/2011)

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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]

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Local Counsel for Plaintiffs

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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 MILSTEIN SELLERS & TOLL PLLC
1100 New York Avenue, N.W., Suite 500 West
Washington, D.C. 20005-3964
Telephone: [phone]
Facsimile:
[phone]
[e-mail]

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

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Counsel for Plaintiffs
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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MELISSA FERRINGTON and CHERYL
SCHMIDT, individually and on behalf of
the class they represent,
Plaintiffs,

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v.

NO. 5:10-cv-01455
STIPULATION AND [PROPOSED]
ORDER REGARDING FILING OF THIRD
AMENDED COMPLAINT
Local Rules 7-1(a)(5) and 7-12

MCAFEE INC., a Delaware Corporation,
ARPU, Inc. (d/b/a TRYandBUY.com), a
Delaware Corporation,
Defendant.

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Plaintiffs Melissa Ferrington, Cheryl Schmidt, Christopher Bennett and Christi Hall

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(“Plaintiffs”) and Defendant McAfee, Inc. (“McAfee”), by and through their counsel, subject to

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the Court’s approval, STIPULATE AS FOLLOWS:

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NO. 5:10-CV-01455 LHK: STIP. &
[PROPOSED] ORDER RE: SECOND AM.
COMPL.

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WHEREAS, the parties have entered into a Settlement Agreement (“Agreement”), which

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has as one of its terms that Plaintiffs will seek leave to amend file a Third Amended Complaint to

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add Arpu, Inc. (d/b/a TryandBuy.com) as a Defendant and to make the other amendments to the

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complaint contained in the previously lodged (but never ordered filed by the Court) as a Second

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Amended Complaint ;

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WHEREAS, pursuant to the Agreement, Defendants stipulate to granting of the motion

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for filing of the Third Amended Complaint, provided however that the Third Amended

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Complaint shall be binding only with respect to the settlement and Agreement and that, in the

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event that Final Approval of the settlement does not occur for any reason, or in the event of

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termination of the Agreement for any reason, the Court’s Order approving the filing of the Third

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Amended Complaint, shall be deemed null and void ab initio, shall have no force or effect

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whatsoever, shall not be used in this Litigation or in any other proceeding for any purpose, Arpu

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shall be dismissed from the Litigation without prejudice and the Litigation shall revert to its

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status as existed prior to the date of the Agreement;

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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 may file the Third Amended Complaint submitted with their moving

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papers. The Third Amended Complaint shall be binding only with respect to the parties’

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settlement and the Settlement Agreement (“Agreement”). In the event that Final Approval of the

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settlement does not occur for any reason, or in the event of termination of the Agreement for any

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reason, this Order approving the filing of the Third Amended Complaint, shall be deemed null

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and void ab initio, shall have no force or effect whatsoever, shall not be used in the Litigation or

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in any other proceeding for any purpose, Arpu shall be dismissed from the Litigation without

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prejudice and the Litigation shall revert to its status as existed prior to the date of this Order.

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NO. 5:10-CV-01455 LHK: STIP. &
[PROPOSED] ORDER RE: THIRD AM.
COMPL.

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Dated: June 13, 2011

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]

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Gay Crosthwait Grunfeld
Shirley Huey
ROSEN, BIEN & GALVAN, LLP
315 Montgomery Street, Tenth Floor
San Francisco, CA 94104-1823
Telephone: [phone]
Facsimile: [phone]

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Local Counsel for Plaintiffs
Melissa Ferrington and Cheryl Schmidt

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Matthew N. Metz
METZ LAW GROUP, PLLC
701 Fifth Avenue, Suite 7230
Seattle, WA 98104
Telephone: [phone]
Facsimile: [phone]

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Counsel for Plaintiffs

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Dated: June 13, 2011

By: /s/ Daniel K. Slaughter______________
Daniel K. Slaughter
STEIN & LUBIN
600 Montgomery Street, 14th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Counsel for Defendant, McAfee, Inc.

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NO. 5:10-CV-01455 LHK: STIP. &
[PROPOSED] ORDER RE: THIRD AM.
COMPL.

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Dated: June 13, 2011

By: /s/ Scott Raber______________

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Scott Raber
The Banchero Law Firm LLP
Four Embarcadero Center, 17th Floor
San Francisco, CA 94111

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Counsel for Defendant, Arpu, Inc.

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[PROPOSED] ORDER
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PURSUANT TO THE STIPULATION, IT IS SO ORDERED.
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Dated:

July 19, 2011

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Honorable Lucy H. Koh
Judge of the United States District Court

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NO. 5:10-CV-01455 LHK: STIP. &
[PROPOSED] ORDER RE: THIRD AM.
COMPL.