The opinion of the court was delivered by: Honorable Charles R. Breyer Unitedt States District Judge
Date: November 9, 2012 23 Time: 10:00 a.m.
Judge: Hon. Charles R. Breyer 24
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND HEARING ON MOTION TO DISMISS 22
2 and through their undersigned counsel, hereby stipulate and agree, subject to Court approval, to 3 continue the case management conference in this matter and the hearing on Symantec's pending 4 motion to dismiss from November 9, 2012 at 10:00 a.m. to December 14, 2012 at 10:00 a.m. (or 5 such other date and time as the Court may set), so that they may focus their time and other 6 resources on proceeding with a mediation currently scheduled for November 12, 2012. In support 7 of the instant stipulation, the Parties state as follows: 8
Plaintiff James Gross and Defendant Symantec Corporation (collectively, the "Parties"), by
WHEREAS, on August 14, 2012, Plaintiff filed a second amended class action complaint, (Dkt. No. 50); 10 11 complaint, (Dkt. No. 51); 12 13 management conference in this matter for November 9, 2012 at 10:00 a.m.; 14 15 session before John B. Bates, Jr. of JAMS in San Francisco, California on November 12, 2012, in 16 hopes of resolving this matter; 17 18 resolution of this matter, the Parties have conferred and agreed, subject to Court approval, that the 19 hearing on Symantec's motion and the case management conference should be continued from 20 November 9, 2012 at 10:00 a.m. to December 14, 2012 at 10:00 a.m., at which point the Parties 21 will inform the Court of the status of their efforts toward settlement; 22 23 management conference, and the Parties do not seek the relief contemplated herein for any 24 improper purpose. 25 26 27 28
WHEREAS, on August 31, 2012, Symantec moved to dismiss Plaintiff's amended
WHEREAS, the Court has set the hearing on Symantec's motion and an initial case
WHEREAS, the Parties have also agreed and are scheduled to convene a mediation
WHEREAS, to focus their time and other resources on the mediation and potential
WHEREAS, good cause exists to continue the hearing on Symantec's motion and the case 3 currently set for November 9, 2012 at 10:00 a.m. shall be continued to December 14, 2012 at 10:00 4 a.m., or to such other date and time as the Court may set. 5
Dated: October 18, 2012 By: /s/ Benjamin H. Richman One of Plaintiff's Attorneys SEAN P. REIS (SBN 184044) email@example.com EDELSON MCGUIRE, LLP 30021 Tomas Street, Suite 300 Rancho Santa Margarita, California 92688 Tel: 949.459.2124 JAY EDELSON (Admitted Pro Hac Vice) firstname.lastname@example.org RAFEY S. BALABANIAN (Admitted Pro Hac Vice) email@example.com BENJAMIN H. RICHMAN (Admitted Pro Hac Vice) firstname.lastname@example.org CHANDLER R. GIVENS (Admitted Pro Hac Vice) email@example.com EDELSON M G C UIRE LLC 350 North LaSalle Street, Suite 1300 Chicago, Illinois 60654 Tel: 312.589.6370 JAMES GROSS, individually and on behalf of all others similarly situated, SYMANTEC CORPORATION, Dated: October 18, 2012 By: /s/ Anthony J. Weibell One of Defendant's Attorneys KEITH E. EGGLETON firstname.lastname@example.org MAURA L. REES email@example.com ANTHONY J WEIBELL firstname.lastname@example.org WILSON SONSINI G & R OODRICH OSATI 650 Page Mill Road Palo Alto, California 94304 Tel: 650.493.9300
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED as follows: 1. The hearing on Symantec's motion to dismiss and the case ...