Graifman v. Trend Micro Corporation
Filing
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STIPULATION AND ORDER 59 Extending Dates and Deadlines Re: Class Certification Phase. Motion Hearing set for 2/1/2013 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Signed by Judge Ronald M. Whyte on 8/8/12. (jg, COURT STAFF) (Filed on 8/8/2012)
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Timothy J. Burke (SBN 181866)
STULL, STULL & BRODY
10940 Wilshire Blvd., Suite 2300
Los Angeles, CA 90024
(301) 209-2468
(301) 209-2087
service@ssbla.com
Gary S. Graifman
KANTROWITZ, GOLDHAMER &
GRAIFMAN, PC
210 Summit Ave.
Montvale, NJ 07645
Email: ggraifman@kgglaw.com
Phone: 201-391-7000
Facsimile: 201-307-1086
Michael S. Green
GREEN & ASSOCIATES, LLC
522 Route 18
P.O. Box 428
East Brunswick, NJ 08816
Email: green@msgreenlaw.com
Phone: 732-390-0480
Facsimile: 732-390-0481
Tod L. Gamlen, State Bar No. 83458
Irene V. Gutierrez, State Bar No. 252927
BAKER & McKENZIE LLP
660 Hansen Way
Palo Alto, CA 94304-1044
Telephone: +1 650 856 2400
Facsimile: +1 650 856 9299
Email: tod.gamlen@bakermckenzie.com
Email: irene.gutierrez@bakermckenzie.com
Mark D. Taylor (pro hac vice)
Matthew McCrary (pro hac vice)
BAKER & McKENZIE LLP
2300 Trammell Crow Center
Dallas, TX 75201
Telephone:
214 978 3000
Facsimile:
214 978 3099
Email: mark.taylor@bakermckenzie.com
Email: matthew.mccrary@bakermckenzie.com
Attorneys for Defendant
TREND MICRO, INC. (USA) sued herein as
TREND MICRO CORPORATION
Attorneys for Plaintiff
BRIAN GRAIFMAN
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
BRIAN GRAIFMAN, on Behalf of Himself, All
Others Similarly Situated, and the General
Public,
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Plaintiff,
Case No. CV11-02488 RMW
STIPULATION AND ORDER
[] EXTENDING DATES
AND DEADLINES RE CLASS
CERTIFICATION PHASE
v.
Complaint Filed: March 2, 2011
TREND MICRO CORPORATION, and DOES
1 through 10, Inclusive,
Defendants.
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Baker & McKenzie LLP
660 Hansen Way
Palo Alto, CA 94304
+1 650 856 2400
Case No. CV11-02488 RMW
STIPULATION AND ORDER [] EXTENDING TIME TO RESPOND TO DISCOVERY
476468-v1\PALDMS
STIPULATION
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Plaintiff BRIAN GRAIFMAN (including any and all other persons that he may be
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determined to represent) (“Plaintiff”) and Defendant TREND MICRO INC. (USA) (“Trend Micro”),
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by and through their respective counsel, enter into this Stipulation.
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WHEREAS, on May 21, 2012 the Parties filed a Stipulation and Order [Proposed]
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Extending Dates and Deadlines RE the Class Certification Phase, including extending the Time for
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Designation of Class Certification Experts, the Close of Class Certification Discovery, and the Filing
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of the Class Certification Motion; and, on May 30, 2012 the Court approved such May 21 Stipulation
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and entered an order thereon on May 30, 2012 (Dkt. No. 58) (“the May 30 Scheduling Order”).
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WHEREAS, Trend Micro produced the witnesses interviewed by Defendant’s expert for
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deposition on May 24-25, 2012 and Plaintiff produced its expert rebuttal report on June 6, 2012.
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WHEREAS, Trend Micro produced for deposition four Rule 30(b)(6) witnesses on July 12-
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20, 2012 and a witness for deposition pursuant to Rules 26 and 30, and Plaintiff Brian Graifman was
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produced for deposition on July 16, 2012.
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WHEREAS, counsel for the parties met and conferred on July 20, 2012 and on July 23,
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2012, by telephone, as to the outstanding discovery issues relating to class certification and the
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possibility of settlement and, in this regard, Plaintiff and Trend Micro wish to complete the exchange
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of any necessary discovery and explore the possibility of settlement through mediation at this time
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and hopefully avoid the fees and costs that would be incurred in both resolving any outstanding
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discovery issues relating to class certification and the briefing of a class certification motion.
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WHEREAS, the parties are agreeing to engage in mediation before a JAMS mediator on or
before September 15, 2012.
WHEREAS, in light of the above facts, the Parties are stipulating to the extensions set forth
below from the dates set forth in ¶ 1.a. – f., of the Court’s May 30, 2012 Scheduling Order.
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IT IS THEREFORE STIPULATED that:
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The dates and deadlines for the class certification phase of this action and as set forth
in the May 30, 2012 Scheduling Order at ¶ 1.a.-f., are extended as follows:
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Baker & McKenzie LLP
660 Hansen Way
Palo Alto, CA 94304
+1 650 856 2400
Case No. CV11-02488 RMW
STIPULATION AND ORDER [] EXTENDING TIME TO RESPOND TO DISCOVERY
476468-v1\PALDMS
a.
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Close of Class Certification Discovery – from July 23, 2012 to October 15,
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2012, provided that such extension shall encompass solely any areas that
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Plaintiff believes are deficient from testimony or documents previously
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provided;
b. Filing of Class Certification motion –from August 13, 2012 to November 7,
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2012;
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c. Filing of Opposition to Class Certification motion – from September 13, 2012
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to December 7, 2012;
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d. Filing of Reply to Class Certification motion – from October 15, 2012 to
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January 11, 201 ;
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e. Hearing on class certification motion – from November 9,2012 to
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1, 201 .
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Baker & McKenzie LLP
660 Hansen Way
Palo Alto, CA 94304
+1 650 856 2400
Case No. CV11-02488 RMW
STIPULATION AND ORDER [] EXTENDING TIME TO RESPOND TO DISCOVERY
476468-v1\PALDMS
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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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Dated: July 26, 2012
BAKER & McKENZIE LLP
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By: /s/ Tod L. Gamlen
Tod L. Gamlen
Attorneys for Defendant
TREND MICRO, INC. (USA) sued herein
as TREND MICRO, CORPORATION
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Dated: July 26, 2012
STULL, STULL & BRODY
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By: /s/ Timothy J. Burke
Timothy J. Burke
Attorneys for Plaintiff
BRIAN GRAIFMAN
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ATTESTATION OF CONCURRENCE BY TOD L. GAMLEN
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I, Tod L. Gamlen, hereby attest that I am one of the attorneys for Trend Micro Incorporated
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(USA), and, as the ECF user and filer of this document, I attest that, pursuant to General Order No.
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45(X)(B), concurrence in the filing of this document has been obtained from Timothy J. Burke, the
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above signatory.
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Dated: July 26, 2012
By: /s/ Tod L. Gamlen
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ORDER []
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Pursuant to stipulation IT IS SO ORDERED.
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Dated:
, 2012
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UNITED STATES DISTRICT COURT JUDGE
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Baker & McKenzie LLP
660 Hansen Way
Palo Alto, CA 94304
+1 650 856 2400
Case No. CV11-02488 RMW
STIPULATION AND ORDER [] EXTENDING TIME TO RESPOND TO DISCOVERY
476468-v1\PALDMS
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