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Ventura Boulevar Lora and Clay Wolph, On Behalf of Themselves v. Acer America Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION


January 17, 2011

VENTURA BOULEVAR LORA AND CLAY WOLPH, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED,
PLAINTIFFS,
v.
ACER AMERICA CORPORATION, A CALIFORNIA CORPORATION,
DEFENDANT.

The opinion of the court was delivered by: Jeffrey S. White, Judge, United States District Court

(Assigned to the Honorable Jeffrey S. White)

CLASS ACTION

ORDER MODIFYING BRIEFING JOINT STIPULATION AND [PROPOSED] SCHEDULE ON MOTION FOR CLASS CERTIFICATION

[Complaint Filed: March 25, 2009]

Plaintiffs LORA AND CLAY WOLPH ("PLAINTIFFS") and Defendant ACER AMERICA CORPORATION ("DEFENDANT") hereby enter into the following Joint Stipulation 24 and [Proposed] Order regarding the briefing schedule for PLAINTIFFS' Motion for Class Certification in the above-captioned matter: 26

WHEREAS, PLAINTIFFS filed their motion for class certification on November 22, 2010, 27 in which they included two expert declarations;

WHEREAS, DEFENDANT noticed the deposition of PLAINTIFFS' expert Ronald Alepin for January 17, 2011; 2

WHEREAS, PLAINTIFFS' counsel learned that Mr. Alepin became ill while traveling and 3 has lost his voice; 4

WHEREAS, counsel for the parties met and conferred and agreed to continue Mr. Alepin's 5 deposition to February 7, 2011; 6

WHEREAS, the parties further met and conferred and agreed to continue the filing date for 7

DEFENDANT's opposition to PLAINTIFFS' motion for class certification and PLAINTIFFS' 8 reply to the same and propose the following schedule: 9

Original Date Proposed New Date

Opposition to Motion for Class Certification January 31, 2011 February 22, 2011

LLP PEARSON, SIMON, WARSHAW & PENNY,

15165 VENTURA BOULEVARD, SUITE 400 SHERMAN OAKS, CALIFORNIA 91403

Plaintiffs' Reply Brief February 28, 2011 March 7, 2011

WHEREAS, the parties propose that the March 18, 2011, 9:00 a.m. hearing regarding 14 PLAINTIFFS' motion for class certification remain unchanged; 15

THE PARTIES HEREBY STIPULATE AND AGREE AND FOLLOWS; 16

1. DEFENDANT's opposition to PLAINTIFFS' motion for class certification shall be 17 filed on February 22, 2011; 18

2. PLAINTIFFS' reply to DEFENDANT's opposition to PLAINTIFFS' motion for 19 class certification shall be filed on March 7, 2011; and 20

3. The hearing date on PLAINTIFFS' motion for class certification shall remain unchanged: March 18, 2011 at 9:00 a.m. 2

IT IS SO STIPULATED. 3 4

DATED: January 14, 2011 /s/ 5 Daniel L. Warshaw (185365) dwarshaw@pswplaw.com Bobby Pouya (245527) bpouya@pswplaw.com Pearson, Simon, Warshaw & Penny, LLP 15165 Ventura Boulevard, Suite 400 Sherman Oaks, CA 91403 Telephone: (818) 788-8300 Facsimile: (818) 788-8104 James J. Pizzirusso (admitted pro hac vice) LLP jpizzirusso@hausfeldllp.com PEARSON, SIMON, WARSHAW & PENNY, 5 VENTURA BOULEVARD, SUITE 400 Melinda Coolidge (admitted pro hac vice) SHERMAN OAKS, CALIFORNIA 91403 mcollidge@hausfeldllp.com Hausfeld, LLP 1700 K Street NW Washington, DC 20006 Telephone: (202) 540-7200 Facsimile: (202) 540-7201 Michael P. Lehmann (77152) mlehmann@hausfeldllp.com Hausfeld, LLP

44 Montgomery Street, Suite 3400 San Francisco, CA 94104

Telephone: (415) 633-1908 Facsimile: (415) 693-0770 Jori Bloom Naegele (admitted pro hac vice) jbnaegele@gmail.com Robert D. Gary (admitted pro hac vice) rdgary@gmail.com Gary, Naegele & Theado, LLC 446 Broadway Avenue Lorain, OH 44052 Telephone: (440) 244-4809 Facsimile: (440) 244-3462 Attorneys for Plaintiffs and the Proposed Class DATED: January 14, 2011 AKIN GUMP STRAUSS HAUER & FELD LLP JAMES J. SCHESKE CHAD A. STEGEMAN DAVID C. LAWRENCE By: /s/ DAVID C. LAWRENCE Attorneys for Defendant Acer America Corporation

Pursuant to General Order 45, I, Daniel Warshaw, attest that David C. Lawrence provided 7 his authority and concurrence to file the instant document and place his electronic signature on the 8 document set forth above.

ORDER

LLP

PURSUANT TO STIPULATION, AS MODIFIED BY THE COURT, IT IS PEARSON, SIMON, WARSHAW & PENNY, 15165 VENTURA BOULEVARD, SUITE 400

HEREBY ORDERED THAT 12

DEFENDANT's opposition to PLAINTIFFS' motion for class certification shall be filed 13 on February 22, 2011; 14

PLAINTIFFS' reply to DEFENDANT's opposition to PLAINTIFFS' motion for class 15 certification shall be filed on March 7, 2011; and 16

The hearing date on PLAINTIFFS' motion for class certification is continued from 17 March 18, 2011, to March 25, 2011, at 9:00 a.m. 18 19

SHERMAN OAKS, CALIFORNIA 91403

IT IS SO ORDERED.

20110117

© 1992-2011 VersusLaw Inc.



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