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

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION


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 additional week, until 20

WHEREAS Plaintiffs and Acer America agree that the deadline for Plaintiffs to submit

THE PARTIES STIPULATE AND AGREE AS FOLLOWS:

1. The deadline for Plaintiffs to submit further briefing regarding Motion for

Preliminary Approval of Class Action Settlement shall be extended to March 22, 2013. 27

IT IS SO STIPULATED

DATED: March 12, 2013 /s/ Daniel L. Warshaw Daniel L. Warshaw (185365) dwarshaw@pswplaw.com Bobby Pouya (245527) bpouya@pswplaw.com Pearson, Simon, Warshaw & Penny, LLP 15165 Ventura Boulevard, Suite 400 Sherman Oaks, CA 91403 Telephone: (818) 788-8300 Facsimile: (818) 788-8104 Michael P. Lehmann (77152) mlehmann@hausfeldllp.com Hausfeld, LLP 44 Montgomery Street, Suite 3400 San Francisco, CA 94104 Telephone: (415) 633-1908 Facsimile: (415) 693-0770 Richard S. Lewis rlewis@hausefeldllp.com James J. Pizzirusso jpizzirusso@hausfeldllp.com Melinda Coolidge mcoolidge@hausfeldllp.com Hausfeld, LLP 1700 K Street NW Washington, DC 20006 Telephone: (202) 540-7200 Facsimile: (202) 540-7201 Jori Bloom Naegele jbnaegele@gmail.com Robert D. Gary rdgary@gmail.com Gary, Naegele & Theado, LLC 446 Broadway Avenue Lorain, OH 44052 Telephone: (440) 244-409 Facsimile: (440) 244-3462 Attorneys for Plaintiffs and the Proposed Class DATED: March 12, 2013 /s/ David C. Lawrence Reginald D. Steer (056324) rsteer@akingump.com Amit Kurlekar (244230) akurlekar@akingump.com Akin Gump Strauss Hauer & Feld LLP 580 California Street, Suite 1500 San Francisco, CA 94104 Telephone: (415) 765-9500 Facsimile: (415) 765-9501 David C. Lawrence dlawrence@akingump.com Akin Gump Strauss Hauer & Feld LLP 300 West 6th Street, Suite 1900 Austin, TX 78701 Telephone: (512) 499-6200 Facsimile: (512) 499-6290 Attorneys for Defendant Acer America Corporation

PURSUANT TO STIPULATION, IT IS SO ORDERED.

20130318

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