Free Case Transferred In - District Transfer - District Court of Delaware - Delaware

Case 1:05-cv-00899-JJF Document 14-12 Filed 10/28/2005 Page 1 1 of 4 Case 3:05-cv-02882-MHP Document 9 Filed 01/18/2006 Page of 4

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BINGHAM McCUTCHEN LLP DAVID M. BALABANIAN (SBN 37368) CHRISTOPHER B. HOCKETT (SBN 121539) JOY K. FUYUNO (SBN 193890) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: (415) 393-2000 Facsimile: (415) 393-2286 Attorneys for Defendant Intel Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

IAN WALKER, individually and on behalf of all others similarly situated, Plaintiff, v. INTEL CORPORATION, a Delaware corporation, Defendant.

No. C-05-2882-MHP STIPULATION AND [PROPOSED] ORDER TO STAY DATES, EVENTS AND DEADLINES PENDING THE OUTCOME OF THE MOTION TO TRANSFER AND COORDINATE OR CONSOLIDATE PURSUANT TO 28 U.S.C. § 1407

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WHEREAS, on July 14, 2005, Plaintiff filed the instant action in the Northern District of California ("Walker Action"); WHEREAS, on or about July 11, 2005, the plaintiffs in Brauch, et al. v. Intel Corp., No. C 05-2743 (BZ) (N. D. Cal., filed July 5, 2005), a related matter, moved before the Judicial Panel on Multi-District Litigation ("MDL"), to transfer and coordinate or consolidate for pre-trial proceedings pursuant to 28 U.S.C. § 407 ("MDL Motion"), and the Walker Action has been identified as a related action subject to that motion;

SF/21642104.1

Case No. C 05-2882 (MHP)

STIPULATION AND [PROPOSED] ORDER TO STAY DATES, EVENTS AND DEADLINES

Case 1:05-cv-00899-JJF Document 14-12 Filed 10/28/2005 Page 2 2 of 4 Case 3:05-cv-02882-MHP Document 9 Filed 01/18/2006 Page of 4

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SF/21642104.1

WHEREAS, on or about July 27, 2005, Judge Patel issued a Related Case Order relating this case to an earlier filed case assigned to her, and canceling or staying certain but not all dates, events and deadlines in the action; WHEREAS, to date, a decision has not been rendered on the MDL Motion; WHEREAS, the outcome of the MDL Motion will impact significantly the schedule of this case; THEREFORE, IT IS HEREBY STIPULATED, pursuant to Civil Local Rule 6-2, by and among counsel for Plaintiff Walker, and counsel for Defendant Intel Corporation, that any events, dates or deadlines set by the Local Rules or Federal Rules of Civil Procedure, including the Local Rules for Alternative Dispute Resolution ("ADR Local Rules") and Federal Rules of Civil Procedure 16 and 26, and any deadlines established in any case management order applicable to this case should be stayed pending the outcome of the aforementioned MDL Motion; and IT IS FURTHER STIPULATED by the aforementioned parties that if a case management conference is rescheduled by the Court, the parties shall adjust the dates for any conference, disclosures or reports required by the Local Rules or Federal Rules of Civil Procedure, including the ADR Local Rules and Federal Rules of Civil Procedure 16 and 26 accordingly. IT IS HEREBY STIPULATED. Dated: October 28, 2005 FINKELSTEIN, THOMPSON & LOUGHRAN By: /s/ Ali Oromchian Ali Oromchian Attorneys for Plaintiff Ian Walker

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Case No. C 05-2882 (MHP)

STIPULATION AND [PROPOSED] ORDER TO STAY DATES, EVENTS AND DEADLINES

Case 1:05-cv-00899-JJF Document 14-12 Filed 10/28/2005 Page 3 3 of 4 Case 3:05-cv-02882-MHP Document 9 Filed 01/18/2006 Page of 4

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Dated: October 28, 2005

BINGHAM McCUTCHEN LLP By: /s/ Joy K. Fuyuno Joy K. Fuyuno Attorneys for Defendant Intel Corporation

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SF/21642104.1

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Case No. C 05-2882 (MHP)

STIPULATION AND [PROPOSED] ORDER TO STAY DATES, EVENTS AND DEADLINES

Case 1:05-cv-00899-JJF Document 14-12 Filed 10/28/2005 Page 4 4 of 4 Case 3:05-cv-02882-MHP Document 9 Filed 01/18/2006 Page of 4

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[PROPOSED] ORDER TO STAY DATES, EVENTS AND DEADLINES PENDING THE OUTCOME OF THE MDL MOTION Any events, dates or deadlines set by the Local Rules or Federal Rules of Civil Procedure, including the Local Rules for Alternative Dispute Resolution ("ADR Local Rules") and Federal Rules of Civil Procedure 16 and 26, and any deadlines established in any case management order applicable to this case are hereby stayed pending the outcome of the motion to transfer and coordinate or consolidate pursuant to 28 U.S.C. § 1407 ("MDL Motion"). Upon the determination of the MDL Motion, if it is necessary for the Court to reschedule a case management conference, the parties shall adjust the dates for any conference, disclosures or reports required by the ADR Local Rules and Federal Rules of Civil Procedure 16 and 26 accordingly. The parties shall notify the Clerk of Court within 10 days of the decision on the MDL Motion. IT IS SO ORDERED. Dated: Honorable Marilyn H. Patel United States District Court Judge

SF/21642104.1

Case No. C 05-2882 (MHP)

STIPULATION AND [PROPOSED] ORDER TO STAY DATES, EVENTS AND DEADLINES