CLASS ACTION

STIPULATION AND [PROPOSED] ORDER TO EXTEND THE CLASS CERTIFICATION DEADLINES

EDWARD M. CHEN, District Judge.

Pursuant to Civil Local Rules 6-2 and 7-12, the parties — lead plaintiff KBC Asset Management NV ("Lead Plaintiff") and defendants LeapFrog Enterprises, Inc., John Barbour, and Raymond L. Arthur ("Defendants") — by and through their undersigned counsel of record, submit the following stipulation and proposed order:

WHEREAS, the Court has previously made time modifications in this case (Dkt. Nos. 49, 69, 96, 99, 108, 125, 130, 133);

WHEREAS, this is the first request for a modification of the deadlines to move for class certification;

WHEREAS, on April 6, 2017, the Court referred this case to private mediation and ordered that private mediation be completed by July 6, 2017 (Dkt. No. 123);

WHEREAS, the parties anticipate that class certification may require discovery from the class representative, the submission of expert reports, and depositions of the experts;

WHEREAS, the Court also ordered that, in the event the case does not settle, Lead Plaintiff's class certification motion shall be filed by September 7, 2017, and oral argument shall be heard on December 7, 2017, with the parties to agree on a briefing schedule and submit the stipulated schedule to the Court (Dkt. No. 123);

WHEREAS, on May 31, 2017, the Court continued the deadline to conduct private mediation to September 7, 2017 due to availability of the parties and the Honorable James Ware (Ret.), who will preside over the private mediation (Dkt. No. 130);

WHEREAS, proceeding to class certification on the schedule that existed when the mediation was scheduled to take place in July may, at this point, needlessly waste judicial resources and may constitute a substantial and unnecessary burden on the parties;

WHEREAS, the parties have conferred and agreed that, subject to Court approval, the deadline for Lead Plaintiff to move for class certification should be continued to November 7, 2017; Defendants shall have until December 21, 2017 to file any opposition to class certification; Lead Plaintiff shall have until February 7, 2018 to file any reply in support of class certification; and oral argument should be continued to March 1, 2018 at 1:30 p.m. or to another date and time convenient to the Court other than February 22, 2017; and

WHEREAS, the parties agree that, in the event anyone other than Lead Plaintiff moves for appointment as class representative, the parties will revisit this schedule to ensure Defendants have sufficient time to take discovery relevant to the class certification determination regarding the previously unnamed proposed representative;

NOW, THEREFORE, the parties hereby agree and stipulate that:

1. The deadline for Lead Plaintiff to move for class certification is continued to November 7, 2017;

2. Defendants shall have until December 21, 2017 to file any opposition to class certification;

3. Lead Plaintiff shall have until February 7, 2018 to file any reply in support of class certification; and

4. Oral argument on Lead Plaintiff's class certification motion shall be rescheduled for March 1, 2018 at 1:30 p.m., or another date and time convenient to the Court other than February 22, 2018.

I, Matthew S. Melamed, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order to Extend the Class Certification Deadlines. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that Mark R.S. Foster has concurred in this filing.

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ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.