STIPULATION AND [PROPOSED] ORDER MODIFYING THE CLASS CERTIFICATION BRIEFING SCHEDULE

RICHARD SEEBORG, District Judge.

WHEREAS, on April 15, 2013, this Court entered an Order Modifying Class Certification Schedule, which provided, among other things, that the deadline for filing Motions for Class Certification shall be May 29, 2013, the deadline for filing Oppositions to Motions for Class Certification shall be September 20, 2013, and the deadline for filing Reply Memoranda in support of Motions for Class Certification shall be November 20, 2013;1

WHEREAS, the Direct Purchaser Plaintiffs and Indirect Purchaser Plaintiffs filed their Motions for Class Certification on May 29, 2013, including a separate Choice of Law Analysis filed by the Indirect Purchaser Plaintiffs, and each set of Plaintiffs also served an expert declaration and/or report in connection with those motions;2

WHEREAS, on June 24, 2013, the Indirect Purchaser Plaintiffs filed an Errata to the declaration of their expert witness, Dr. Kenneth Flamm, and an accompanying [Corrected] Declaration of Dr. Kenneth Flamm in Support of Plaintiffs' Motion for Class Certification;3

WHEREAS, the backup data associated with the declaration and analysis of Dr. Flamm is voluminous — 77 gigabytes — and the parties worked cooperatively to identify and understand certain data disconnects in and difficulties translating the backup data underlying Dr. Flamm's report produced on June 3, 2013. Indirect Purchaser Plaintiffs responded to Defendants' requests to provide additional iterations of the backup data and did so on July 1, 2013 and July 15, 2013;

WHEREAS, the process of providing workable backup data to Defendants took longer than both parties expected;

WHEREAS, the parties have worked cooperatively in the scheduling of depositions associated with the filing of the class certification motion, including an extension of time to depose certain class representatives and both economists who provided declarations in support of plaintiffs' motions for class certification;4

WHEREAS, Defendants have requested that the Direct and Indirect Purchaser Plaintiffs agree to a thirty day extension for the filing of Defendants' Oppositions, including any expert reports to be filed therewith, to October 21, 2013;

WHEREAS, Direct and Indirect Purchaser Plaintiffs are agreeable to Defendants' requested extension and Defendants agree to extend the date for Plaintiffs' separate replies in support of their class certification motions to February 18, 2014;

WHEREAS, it is the parties' joint view that the additional time will allow all parties the best opportunity to fully develop and clearly present their respective positions regarding class certification, which will ultimately assist the Court in this matter;

NOW, THEREFORE, IT IS HEREBY STIPULATED, by and between the undersigned counsel for the parties, subject to Court approval, that:

(1) The deadline for Defendants to file their Oppositions, and any expert reports, in response to (a) the Direct Purchaser Plaintiffs' Motion for Class Certification, (b) the Indirect Purchaser Plaintiffs' Motion for Class Certification, and (c) the Indirect Purchaser Plaintiffs' Choice of Law Analysis, shall be extended to October 21, 2013;

(2) The deadline for the Direct Purchaser Plaintiffs and Indirect Purchaser Plaintiffs to file their separate Reply Memoranda in support of their Motions for Class Certification shall be extended to February 18, 2014.

IT IS SO STIPULATED.

IT IS SO ORDERED.