Bilodeau v. McAfee, Inc et al

Filing 34

ORDER by Judge Lucy H. Koh granting 33 Stipulation Rescheduling Hearing (lhklc2, COURT STAFF) (Filed on 4/3/2013)

Case5:12-cv-04589-LHK Document33 Filed03/26/13 Page1 of 3

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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:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]

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Attorneys for Defendant
McAFEE, INC.

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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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JENNIFER BILODEAU,

Case No. CV 12-04589 LHK

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Plaintiff,
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v.
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McAFEE, INC., and CAPITAL
INTELLECT, INC.,
Defendants.

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STIPULATION AND [PROPOSED]
ORDER RE RESCHEDULING OF
HEARING RE McAFEE, INC.’S MOTION
TO DISMISS COMPLAINT
[U.S. Const. art. III, Fed. R. Civ. P. 9(b),
12(b)(6)] AND CASE MANAGEMENT
CONFERENCE
Date: May 2, 2013
Time: 1:30 p.m.
Courtroom: 8

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Complaint filed: August 31, 2012
Trial date: None set
Judge: Hon. Lucy H. Koh

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WHEREAS defendant McAfee, Inc. (“McAfee”) filed a Motion to Dismiss

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Complaint on November 9, 2012, setting the hearing on the Court’s earliest available hearing date

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of March 28, 2013; and
WHEREAS the Court subsequently reset the hearing to May 2, 2013 and also set a

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Case Management Conference for that date; and
WHEREAS counsel for McAfee is on the National Board of Directors of Lambda

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51160037/489463v1

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Case No. CV12-04589 LHK

STIPULATION RE MOTION HEARING AND CASE MANAGEMENT CONFERENCE

Case5:12-cv-04589-LHK Document33 Filed03/26/13 Page2 of 3

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Legal, a non-profit organization, which has scheduled its next Board meeting for May 3 and 4 in

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New York, requiring that counsel travel to New York on May 2; and

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WHEREAS the parties therefore have agreed to postpone the hearing on the

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Motion to Dismiss and the Case Management Conference to any other Thursday in May 2013, or

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another date that is convenient to the Court.

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NOW THEREFORE, PLAINTIFF AND McAFEE, BY AND THROUGH THEIR
COUNSEL hereby stipulate as follows:

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The hearing on McAfee’s Motion to Dismiss and the Case Management
Conference, currently set for May 2, 2013, shall be postponed to another Thursday in May 2013,
or another date that is convenient to the Court.

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SO STIPULATED.
Dated: March 26, 2013

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

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Dated: March 26, 2013

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EDELSON LLC
By: /s/ Benjamin H. Richman
Benjamin H. Richman
Attorneys for Plaintiff
JENNIFER BILODEAU

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STEIN & LUBIN LLP

PURSUANT TO STIPULATION IT IS SO ORDERED
McAfee’s Motion to Dismiss and the Case Management Conference, currently set for
1:30 p.m
May 2, 2013 at 1:30 p.m., shall be re-set for _______________, 2013 at _________.
June 13

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April 3, 2013
Dated:_________________

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_______________________________
The Honorable Lucy H. Koh
United States District Court Judge

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51160037/489463v1

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Case No. CV12-04589 LHK

STIPULATION RE MOTION HEARING AND CASE MANAGEMENT CONFERENCE