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David Baba and Ray Ritz, Individually and On Behalf of All Others Similarly Situated v. Hewlett Packard Company

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


March 26, 2012

DAVID BABA AND RAY RITZ, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,
PLAINTIFFS,
v.
HEWLETT PACKARD COMPANY,
DEFENDANT.

The opinion of the court was delivered by: Richard Seeborg United States District Judge

Barbara Quinn Smith (Ohio Bar 0055328) (pro hac vice) MADDOX HARGETT &CARUSO 9933 Johnnycake Ridge Road 3 Suite 3F Mentor, OH 44060 4 Telephone: 440-354-4010 Facsimile: 440-848-8175 5 bqsmith@mhclaw.com 6 (Additional Counsel listed below) 7 Attorneys for David Baba and Ray Ritz Samuel Liversidge, SBN 180578 Kristofor T. Henning (Pro Hac Vice) SLiversidge@gibsondunn.com Franco A. Corrado (Pro Hac Vice) 9 David Han, SBN 247789 MORGAN, LEWIS & BOCKIUS LLP DHan@gibsondunn.com 1701 Market Street 10 GIBSON, DUNN & CRUTCHER LLP 333 Philadelphia, PA 19103 11 South Grand Avenue Telephone: 215.963.5000 Los Angeles, California 90071-3197 Telephone: Facsimile: 215.963.5001 12 213.229.7000 Facsimile: 213.229.7520 khenning@morganlewis.com fcorrado@morganlewis.com 8 Attorneys for Defendant Hewlett-Packard Company

SECOND STIPULATION REGARDING ENLARGEMENT OF TIME RELATED TO PLAINTIFFS' ANTICIPATED MOTION FOR CLASS CERTIFICATION

Through this Stipulated Request and [Proposed] Order, Plaintiffs David Baba and Ray Ritz ("Plaintiffs") and Defendant Hewlett-Packard Company ("HP") stipulate and agree to 3 continue the hearing on Plaintiffs' anticipated motion for class certification and to extend the 4 schedule for the related briefing as set forth below, and jointly request that the Court approve this 5 extension pursuant to L.R. 6-2.

WHEREAS, during the Case Management Conference held on August 11, 2011, the 7 parties proposed a hearing date of May 10, 2012 for Plaintiffs' anticipated motion for class 8 certification; 9 10 agreed upon briefing schedule for Plaintiffs' anticipated motion for class certification; 11 12 schedule for Plaintiffs' anticipated motion for class certification:

WHEREAS, at that conference, the Court further requested that the parties submit an

WHEREAS, on August 18, 2011, the parties submitted the following stipulated briefing Case Schedule Deadline for filing of anticipated class February 8, 2012 15 certification motion 16 HP's opposition to class certification due March 22, 2012 Plaintiffs' reply in support of class certification April 19, 2012 due discovery regarding Plaintiffs' claims and anticipated motion for class certification; 22 original schedule to allow them time to resolve discovery disputes. conducting the depositions; 27 28

SECOND STIPULATION REGARDING ENLARGEMENT OF TIME RELATED TO PLAINTIFFS' ANTICIPATED MOTION FOR CLASS CERTIFICATION - CASE NO: C 09 5946-RS-HRL

WHEREAS, since that time, the parties have engaged, and continue to engage, in formal

WHEREAS, the parties previously sought, and were granted a 60 day extension of the

WHEREAS, on March 13, 2012, Defendants noticed Named Plaintiffs for deposition;

WHEREAS, Defendant desires to examine each Named Plaintiff's computer before

WHEREAS, Plaintiffs' and Plaintiff's counsel's schedules do not allow for all of those events to take place prior to April 6, 2012; 3

WHEREAS, Plaintiffs desire to have the depositions completed prior to moving for class certification; 5

WHEREAS, HP does not oppose Plaintiffs' request for an extension, provided that Plaintiffs agree not to serve additional discovery prior to moving for class certification and Plaintiffs have agreed not to serve additional discovery prior to moving for class certification;

ACCORDINGLY, pursuant to Civil Local Rules 6-2 and 7-12, the parties hereby stipulate to, and request the Court's approval of, the following extended class certification 10 briefing schedule: 11 12

Case Schedule

Deadline for filing of anticipated class May 4, 2012 14 certification motion 15 HP's opposition to class certification due June 22, 2012 Plaintiffs' reply in support of class certification July 20, 2012 due Hearing on anticipated motion for class To be determined by the Court certification August 2, 2012

PURSUANT TO STIPULATION, IT IS SO ORDERED. 16 17 18

20120326

© 1992-2012 VersusLaw Inc.



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