STIPULATION AND ORDER SETTING BRIEFING SCHEDULE ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND COORDINATING THE HEARINGS FOR SUMMARY JUDGMENT AND CLASS CERTIFICATION

[N.D. CAL. L.R. 6-2]

WILLIAM H. ORRICK, District Judge.

Pursuant to Civil Local Rule 6-2, Plaintiffs Vicky Maldonado and Justin Carter and Defendants Apple Inc., AppleCare Service Company, Inc., and Apple CSC Inc., by and through their respective counsel, stipulate as follows:

WHEREAS, Plaintiffs' motion for class certification (ECF No. 103) is set to be heard by the Court on May 15, 2019 at 2 p.m.;

WHEREAS, Defendants intend to file a motion for summary judgment on Plaintiffs' individual claims on April 8, 2019, which is the same day that Defendants' opposition to Plaintiffs' motion for class certification is due;

WHEREAS, no briefing schedule regarding Defendants' forthcoming summary judgment motion has previously been set by the Court;

WHEREAS, due to overlapping issues between Defendants' motion for summary judgment and Plaintiffs' motion for class certification, including specifically with respect to the named Plaintiffs' claims, Defendants propose coordinating the hearings on the two motions, which will yield efficiencies for both the Court and the parties;

WHEREAS, Plaintiffs do not oppose coordinating the hearings on the two motions;

WHEREAS, on March 7, 2019, Defendants requested the parties agree to a summary judgment briefing schedule that would allow both the class certification motion and the summary judgment motion to be heard on May 15 (Mayo Decl. ¶ 2; Kras Decl. ¶ 2);

WHEREAS, between March 7 and March 27, the parties met and conferred regarding various potential briefing schedules for Defendants' motion for summary judgment (Mayo Decl. It 3; Kras Decl. It 3);

WHEREAS, under the current class-certification briefing schedule, Plaintiffs have three weeks to draft a reply to their pending motion for class certification, and their counsel has existing commitments in other cases during that same time-period (Kras Decl. ¶ 5);

WHEREAS, Plaintiffs state that any proposed briefing schedule with a May 15 hearing date would require them to respond to the summary judgment motion and draft their class certification reply simultaneously and will not give them sufficient time to draft their opposition to Defendants' motion for summary judgment (Kras Decl. ¶ 6);

WHEREAS, the parties agree, subject to the Court's approval, to continue the hearing on Plaintiffs' motion for class certification to July 24, 2019, at 2 p.m., and to set the following briefing schedule on Defendants' motion for summary judgment:

WHEREAS, with respect to Plaintiffs' motion for class certification, the proposed schedule above changes only the hearing on that motion, and does not change the briefing schedule;

WHEREAS, the hearing on Plaintiffs' motion for class certification has been modified previously four times (ECF Nos. 76, 88, 92, 94);

WHEREAS, the parties are mindful of the prior continuances in this case, and while they have explored shorter briefing schedules, those schedules each posed significant scheduling conflicts (Mayo Decl. ¶ 4; Kras Decl. ¶ 4);

WHEREAS, the parties have tried to resolve the case in good faith before submitting this stipulation regarding the summary judgment briefing schedule and requesting a new class certification hearing date, including attending two mediation sessions before the Honorable Justice Panelli (JAMS);

WHEREAS, this stipulation is not being made for delay or any other improper purpose;

THEREFORE, IT IS HEREBY AGREED AND STIPULATED, subject to the Court's approval, that the hearing on Plaintiffs' motion for class certification (ECF No. 103) is continued to July 24, 2019 at 2 p.m., and the schedule on Defendants' motion for summary judgment, is set as follows:

PURSUANT TO STIPULATION, IT IS SO ORDERED as modified below:

The hearing on the motions for summary judgment and class certification will be held on August 7, 2019 at 2 p.m. The change in the hearing date will not adjust the briefing schedule to which the parties have agreed.

ECF ATTESTATION

I, Purvi G. Patel, am the ECF User whose ID and password are being used to file this document. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that Steve W. Berman, counsel of record for Plaintiffs, has concurred in this filing.