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Melissa Ferrington and Cheryl Schmidt v. Mcafee

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


June 27, 2011

MELISSA FERRINGTON AND CHERYL SCHMIDT, PLAINTIFFS,
v.
MCAFEE, INC.,
DEFENDANT.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

United States District Court For the Northern District of California

ORDER VACATING HEARING ON CLASS CERTIFICATION; SETTING HEARING ON MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT 14

On April 14, 2011, the Court granted a 60-day extension of the case schedule based on the 18 parties' representation that they intended to file a motion for preliminary approval of a class action 19 settlement within 45-60 days of April 13, 2011. The parties now represent that they intend to file a 20 motion for preliminary approval of the class settlement on or before July 13, 2011. The parties 21 therefore request that the Court vacate all dates and deadlines, including the hearing on Plaintiffs' 22 pending motion for class certification that is currently set for August 4, 2011.

Based on the parties' representations, the Court hereby ORDERS as follows: (1) The August 4, 2011 class certification hearing is VACATED, and Plaintiffs shall withdraw the pending motion for class certification. (2) Plaintiffs shall file and serve a motion for preliminary approval of the class settlement on or before July 13, 2011. Any opposition or reponse to Plaintiff's motion for preliminary approval shall be due one week after the motion is filed and served. Any reply shall be due one week after the opposition is filed and served. The motion shall be heard on August 4,2011, at 1:30 p.m., to be followed by a case management conference. No extensions of the July 13, 2011 deadline shall be granted. (3) The remainder of the case schedule remains as set in the Court's April 14, 2011 order:

* Deadline to Amend the Pleadings: September 6, 2011.

* Fact Discovery Cut-Off: November 1, 2011

* Expert Discovery Cut-Off: December 20, 2011.

* Dispositive Motions: Motions shall be filed by January 12, 2012, and set for hearing no later than February 16, 2012, at 1:30 p.m. For the Northern District of California

IT IS SO ORDERED.

United States District Court

20110627

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