July 8, 2013
BARBARA FAFARD, Individually and on behalf of all others similarly situated, Plaintiffs,
APPLE INC.; BEST BUY CO., INC.; and Date: INCOMM HOLDINGS, INC., Defendants.
William A. Kershaw, Stuart C. Talley, KERSHAW, CUTTER & RATINOFF LLP, Sacramento, California.
Jonathan Auerbach (admitted pro hac vice), Jerome M. Marcus (admitted pro hac vice), Steven G. Tyson, of Counsel, MARCUS & AUERBACH LLC, Jenkintown, Pennsylvania, Attorneys for Plaintiff and the Class.
MORRISON & FOERSTER LLP, David M. Walsh, Los Angeles, CA, Attorney for Defendant Apple Inc.
REED SMITH LLP Mathew M. Wrenshall, Abraham J. Colman, Felicia Y. Yu, Los Angeles, CA, Attorney for Defendant InComm Holdings, Inc. and Best Buy Co., Inc.
JOINT STATEMENT, STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
CLAUDIA WILKEN, District Judge.
Pursuant to this Court's March 26, 2013 Order to Continue Case Management Conference ("Order") [Dkt. No. 29], Plaintiff Barbara Fafard ("Plaintiff') and Defendants Apple Inc. ("Apple"), Best Buy Co., Inc. ("Best Buy") and InComm Holdings, Inc. ("InComm") (collectively, "Defendants, " and collectively with Plaintiff, the "Parties"), having been directed to file a joint statement advising the Court of the status of mediation and settlement discussions no later than July 3, 2013, hereby advise the Court as follows:
1. In late April 2013, the Parties rescheduled their mediation with Honorable Ronald M. Sabraw (Ret.) from April 25, 2013 to May 21, 2013.
2. On May 17, 2013, InComm and Best Buy filed extensive mediation statements with Judge Sabraw in advance of the May 21, 2013 mediation.
3. On May 21, 2013, Judge Sabraw conducted nine-hour mediation between InComm/Best Buy and Plaintiff at his JAMS office in San Francisco, California.
4. During the course of the mediation InComm, Best Buy and Plaintiff, through the efforts of Judge Sabraw, were able to reach an agreement in principle to settle the litigation.
5. This agreement in principle was reduced to a written Memorandum of Understanding (MOU) by Judge Sabraw on May 21, 2013. The MOU requires certain confirmatory discovery to corroborate specific representations made by InComm and/or Best Buy regarding the circumstances of the case. Despite their best efforts and now under Judge Sabraw's guidance, the Parties require an additional sixty (60) days to complete the confirmatory discovery contemplated under the terms of the MOU.
NOW, THEREFORE, in consideration of the foregoing, the Parties request an additional sixty (60) days to complete confirmatory discovery under the MOU and return to the Court within that time frame, at a date and time convenient for the Court's calendar.
IT IS SO STIPULATED.
Pursuant to the above Stipulation, and good cause appearing therefore, the July 10, 2013 Case Management Conference is CONTINUED to ______________, 2013 at _____________. The Parties shall file a joint statement advising the Court of the status of mediation and settlement discussions no later than ______________, 2013.
IT IS SO ORDERED.