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James Gross, Individually and On Behalf of v. Symantec Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


October 25, 2012

JAMES GROSS, INDIVIDUALLY AND ON BEHALF OF
ALL OTHERS SIMILARLY SITUATED,
PLAINTIFF,
v.
SYMANTEC CORPORATION, A DELAWARE CORPORATION, AND PC TOOLS, LTD., AN IRISH
LIMITED COMPANY,
DEFENDANTS.

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) sreis@edelson.com EDELSON MCGUIRE, LLP 30021 Tomas Street, Suite 300 Rancho Santa Margarita, California 92688 Tel: 949.459.2124 JAY EDELSON (Admitted Pro Hac Vice) jedelson@edelson.com RAFEY S. BALABANIAN (Admitted Pro Hac Vice) rbalabanian@edelson.com BENJAMIN H. RICHMAN (Admitted Pro Hac Vice) brichman@edelson.com CHANDLER R. GIVENS (Admitted Pro Hac Vice) cgivens@edelson.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 keggleton@wsgr.com MAURA L. REES mrees@wsgr.com ANTHONY J WEIBELL aweibell@wsgr.com 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 management conference IT IS SO STIPULATED.

ORDER

Pursuant to stipulation and for good cause shown, IT IS SO ORDERED.

1. The hearing on Symantec's motion to dismiss and the case management conference currently set for November 9, 2012 at 10:00 a.m. shall be continued to December 14, 2012 at 10:00 a.m.

IT IS SO ORDERED

Charles R. Breyer Judge

20121025

© 1992-2012 VersusLaw Inc.



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