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Hibbs-Rines v. Seagate Technology

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


August 28, 2009

PAULA HIBBS-RINES, ET AL., PLAINTIFF,
v.
SEAGATE TECHNOLOGY, LLC, A DELAWARE LIMITED LIABILITY COMPANY; I365, INC., A CALIFORNIA CORPORATION; AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: The Honorable Susan Illston United States District Court Judge

STIPULATION AND [PROPOSED] ORDER TO CONTINUE FILING DEADLINE FOR PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND HEARING FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT/ FURTHER CASE MANAGEMENT CONFERENCE

Pursuant to Civil Local Rule 6-2 and 7-12, the Parties, Plaintiff Paula Hibbs-Rines ("Plaintiff") and Defendants i365 Inc. and Seagate Technology LLC ("Defendants"), by and through their respective counsel of record, hereby submit this Stipulation and Proposed Order seeking a two week continuance of the filing deadline for Plaintiff's Motion for Preliminary Approval of Class Action Settlement and the hearing for Preliminary Approval of Class Settlement and Further Case Management Conference, pursuant to the Court's Pretrial Minute Order, issued on July 30, 2009, Docket No. 35 ("Minute Order").

WHEREAS, the filing deadline for Plaintiff's Motion for Preliminary Approval of Class Action Settlement is currently set for August 21, 2009, pursuant to the Minute Order;

WHEREAS, the hearing for Preliminary Approval of Class Settlement and Further Case Management Conference is currently scheduled for September 25, 2009 at 9:00 a.m., pursuant to theMinuteOrder;

WHEREAS, the principal in-house representative for Seagate Technology LLC regarding this matter was on an extended vacation from August 1, 2009 through August 17, 2009 and was not available during that time;

WHEREAS, the Parties are currently addressing unanticipated issues with respect to the form of the Stipulation of Settlement and exhibits thereto and the content of Plaintiff's Motion for leave of absence;

WHEREAS, the Parties need additional time to address such unanticipated issues prior to Preliminary Approval of Class Action Settlement;

WHEREAS, the Parties believe a two week continuance of the filing deadline for executing the Stipulation of Settlement with exhibits thereto and filing Plaintiff's Motion for Preliminary Approval of Class Action Settlement;

Plaintiff's Motion for Preliminary Approval of Class Action Settlement and the hearing for Preliminary Approval of Class Settlement and Further Case Management Conference set forth in the Minute Order will provide the additional time necessary for the Parties to address such unanticipated issues, to fully prepare and execute the Stipulation of Settlement and exhibits thereto and for Plaintiff to file Plaintiff's Motion for Preliminary Approval of Class Action Settlement in a form acceptable to Defendants, in order to facilitate a non-opposition by Defendants;

THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT:

The filing deadline for Plaintiff's Motion for Preliminary Approval of Class Action Settlement, presently scheduled for August 21, 2009, is continued to September 4, 2009, and the hearing for Preliminary Approval of Class Settlement and Further Case Management Conference, presently scheduled for September 25, 2009 at 9:00 a.m., is continued to October 9, 2009 at 9:00 a.m., or as soon thereafter as the Court's schedule will allow, and that all associated deadlines be continued accordingly.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

JULIE A. TOTTEN ALLISON E. PITIGOI ORRICK, HERRINGTON & SUTCLIFFE LLP Attorneys for Defendants Seagate Technology LLC (erroneously sued as Seagate Technology, LLC) and i365 Inc. (erroneously sued as i365, Inc.)

Dated: August 21, 2009

Pursuant to General Order No. 45, Orrick, Herrington & Sutcliffe attests that concurrence in the filing of the Joint Case Management Statement has been obtained from the other signatories which shall serve in lieu of their signatures on the document.

ORDER

The parties having stipulated to the foregoing and good cause appearing, PURSUANT TO STIPULATION, IT IS SO ORDERED.

20090828

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