Opinion
CASE NO. CV-09-01808 (JW)
10-05-2011
KEVIN EMBRY, an individual, on behalf of himself, the general public and those similarly situated Plaintiff, v. ACER AMERICA CORPORATION; AND DOES 1 THROUGH 50 Defendants
GUTRIDE SAFIER LLP Adam Gutride Seth A. Safier Attorneys for Plaintiff Kevin Embry QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP Jeffery D. McFarland Stan Karas A.J. Bedel Attorneys for Defendant Acer America Corporation
GUTRIDE SAFIER LLP
ADAM J. GUTRIDE (State Bar No. 181446)
SETH A. SAFIER (State Bar No. 197427)
Attorneys for Plaintiff
QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP
Jeffery D. McFarland (Bar No. 157628)
Attorneys for Defendant ACER AMERICA CORPORATI
SECOND STIPULATED REQUEST FOR
ADDITIONAL TIME TO PROVIDE
AMENDED CLAIM FORM AND
PRELIMINARY APPROVAL ORDER
TO THE COURT:
WHEREAS, on September 20, 2011, the Court ordered the parties, on or before September 26, 2011, to "revise the Proposed Order to address the question of what relief will be available to those class members whose computers do not have an internal CD drive" (Dkt.# 188) ("September 20 Order")
WHEREAS, on September 28, 2011, in response to the parties' stipulated request, the Court extended the deadline until October 3, 2011;
WHEREAS, Acer has not yet been able (1) to attain approval from Microsoft to distribute the Windows recovery utilities to class members in a format other than CD or DVD, (2) obtain a list of vendor(s) whom Microsoft would approve to create those format(s), or (3) determine the cost of doing so;
WHEREAS, Acer must communicate with Microsoft through Acer employees in Taiwan; and
WHEREAS, Acer hopes that it will have received the necessary information in the next week or at most the next fourteen days,
NOW THEREFORE, THE PARTIES HEREBY JOINTLY REQUEST that the Court extend the time for the parties to comply with the September 20 Order until October 17, 2011.
GUTRIDE SAFIER LLP
Adam Gutride
Seth A. Safier
Attorneys for Plaintiff Kevin Embry
QUINN EMANUEL URQUHART OLIVER &
HEDGES, LLP
Jeffery D. McFarland
Stan Karas
A.J. Bedel
Attorneys for Defendant Acer America
Corporation
FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
Honorable James Ware
United States District Court Judge