JOINT STATEMENT, STIPULATED REQUEST, AND ORDER TO EXTEND TIME TO SUBMIT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT

[Local Rule 6-2, 7-12, 16-2(e)]

CLAUDIA WILKEN, District Judge.

Plaintiff Barbara Fafard ("Plaintiff") and Defendants InComm Holdings, Inc. ("InComm"), Best Buy Co. Inc. ("Best Buy"), and Apple Inc. ("Apple") (collectively, "Defendants," and collectively with Plaintiff, the "Parties"), by their undersigned counsel, stipulate as follows:

WHEREAS, the Parties have, with the assistance of the Honorable Ronald M. Sabraw (Ret.), executed a Memorandum of Understanding (MOU) memorializing the Parties' agreement in principle to settle the litigation;

WHEREAS, the Parties have worked diligently to finalize documents related to the settlement and to prepare a motion for preliminary approval of class settlement for the Court's consideration by February 6, 2014;

WHEREAS, because of logistical challenges on the part of the Defendants, the Parties require additional time to prepare and submit that motion.

NOW, THEREFORE, IT IS HEREBY AGREED AND STIPULATED, subject to the approval of the Court, that:

The Parties shall submit a motion for preliminary approval of class settlement for the Court's consideration on February 18, 2014;

The Case Management Conference currently set for March 13, 2014 is continued to March 27, 2014.

IT IS SO STIPULATED.

ORDER

Pursuant to the above Stipulation, and good cause appearing therefor, the date for submission of the Parties' Motion For Preliminary Approval Of Class Settlement is hereby moved to February 18, 2014. The Case Management Conference is hereby continued to April 3, 2014.

IT IS SO ORDERED:

I, Mathew M. Wrenshall, attest that as the ECF filer of this Stipulation I obtained concurrence for this filing from all signatories to this document.