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Lora and Clay Wolph, On Behalf of Themselves and All Others v. Acer America Corporation

March 18, 2013

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: Honorable Jeffrey S. White United States District Court

CLASS ACTION JOINT STIPULATION AND REQUEST TO EXTEND DEADLINE TO SUBMIT FURTHER BRIEFING REGARDING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND [PROPOSED] ORDER Complaint Filed: March 25, 2009 Trial Date: None Hearing: April 12, 2013 Time: 9:00 a.m. Courtroom 11

JOINT STIPULATION AND REQUEST TO EXTEND DEADLINE TO SUBMIT FURTHER BRIEFING REGARDING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND [PROPOSED] ORDER CV-09-1314 JSW

Plaintiffs LORA AND CLAY WOLPH ("PLAINTIFFS") and Defendant ACER AMERICA CORPORATION ("Acer America") hereby submit the following Joint Request to Extend Deadline 3 to Submit Briefing Regarding Motion for Preliminary Approval of Class Action Settlement 4

WHEREAS on January 16, 2013, Plaintiffs filed their Motion for Preliminary Approval of Class Action Settlement ("Motion for Preliminary Approval") (Docket No. 169); 7

("Order Requiring Further Briefing) (Docket No. 170); 10 for Plaintiffs to submit further briefing and continued the hearing on Plaintiffs' Motion for

WHEREAS Plaintiffs and Defendant have been working diligently to negotiate an amendment to the Settlement Agreement that will hopefully address many, if not all, of the 15 concerns that are raised in the Court's Order Requiring Further Briefing. The parties have made 16 progress in their negotiations and believe they will reach an agreement on an amendment to the 17

Settlement Agreement. However, the parties do not believe they will have a final amendment to 18 the Settlement Agreement in time for Plaintiffs to submit their further briefing on March 15, 2013. 19

March 22, 2013, to submit further briefing regarding the Settlement Agreement.

further briefing regarding the Motion for Preliminary Approval of Class Action Settlement should 23 be extended to March 22, 2013; 24

(Docket No. 170) ("Joint Request to Extend Deadline") in the above-captioned proceeding: 5

WHEREAS on February 26, 2013, the Court entered its Order Requiring Further Briefing Regarding Motion for Preliminary Approval of Class Action Settlement and Continuing Hearing 9

WHEREAS the Court's Order Requiring Further Briefing sets a March 15, 2013, deadline Preliminary Approval until April 12, 2013; 13

The parties therefore respectfully request that the Court grant Plaintiffs one ...


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