1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Stipulation And [Proposed] Order Extending Opt Out Deadline Case. No. 3:08-Cv-00177-SI

sf-2867854

1

MARKUN ZUSMAN & COMPTON LLP

JEFFREY K. COMPTON, State Bar No. 142969

DARIA DUB CARLSON, State Bar No. 150628

WILLIAM A. BAIRD, State Bar No. 192675

17383 Sunset Boulevard, Suite A380

Pacific Palisades, California 90272

Telephone: (310) 454-5900

Facsimile: (310) 454-5970

LAW OFFICE OF STEVEN ELSTER

STEVEN ELSTER, State Bar No. 227545

785/E2 Oak Grove Road, #201

Concord, CA 94518-3617

Telephone: (925) 324-2159

Facsimile: (925) 945-1276

Attorneys for Plaintiffs 

JAMES BRADY, SARAH CAVANAGH

AND IVA CHIU

MORRISON & FOERSTER LLP

LINDA E. SHOSTAK, State Bar No. 64599

JAMES E. BODDY, JR., State Bar No. 65244

MARY F. HANSBURY, State Bar No. 191121

425 Market Street

San Francisco, California 94105-2482

Telephone: (415)268-7000

Facsimile: (415)268-7522

Attorneys for Defendant

DELOITTE & TOUCHE LLP

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JAMES BRADY, SARAH CAVANAGH, and 

IVA CHIU, individually and on behalf of all 

others similarly situated, 

 Plaintiffs, 

 vs.

DELOITTE & TOUCHE LLP, a limited liability 

partnership; and DOES 1-10, inclusive,

 Defendants

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

CASE NO.: C-08-00177 SI

STIPULATION AND [PROPOSED] 

ORDER EXTENDING OPT OUT 

DEADLINE FOR ADDITIONAL CLASS 

MEMBERS

Case 3:08-cv-00177-SI Document 146 Filed 07/13/10 Page 1 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Stipulation And [Proposed] Order Extending Opt Out Deadline Case. No. 3:08-Cv-00177-SI

sf-2867854

2

STIPULATION

Pursuant to Local Rule 7-12, Plaintiffs and Defendant, through their respective counsel,

submit the following stipulation and [proposed] order extending the June 30, 2010 opt out deadline 

previously ordered by the Court to permit the Parties to provide recently identified additional class

members with a comparable amount of time to consider the class notice and submit an election to 

opt out.

WHEREAS at the April 2, 2010 Case Management Conference the Court approved the 

Parties’ proposed class notice (“Class Notice”), ordered the Parties to mail the Class Notice to class

members by May 14, 2010, and set June 30, 2010 as the deadline for class members to opt out;

WHEREAS the Class Notice was sent out to class members and the June 30, 2010 opt out 

deadline has now passed; 

WHEREAS Defendant has identified additional class members who were not mailed a class 

notice on May 14, 2010 (“Additional Class Members”);

WHEREAS Defendant and Plaintiffs agree that the Additional Class Members should be 

mailed a class notice in the form of the Class Notice, but with an opt out deadline of September 1, 

2010, to provide the Additional Class Members with an amount of time to consider the Class Notice 

and to elect to opt out that is comparable to what was provided to the other class members.

NOW THEREFORE, the parties hereby stipulate that the Court may enter an Order as 

follows:

1. The deadline for mailing class notices to the Additional Class Members shall be 

no later than 4 business days after the Court’s entry of this order;

2. The opt out deadline for the Additional Class Members shall be September 1, 

2010;

3. The opt out deadline for all other class members is unchanged as June 30, 2010; and

4. The Class Notice shall be modified to reflect the new opt out deadline of 

September 1, 2010, for Additional Class Members, but otherwise shall remain identical to the 

Class Notice previously approved by the Court.

Case 3:08-cv-00177-SI Document 146 Filed 07/13/10 Page 2 of 3
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Stipulation And [Proposed] Order Extending Opt Out Deadline Case. No. 3:08-Cv-00177-SI

sf-2867854

3

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

COUNSEL FOR PLAINTIFFS

DATE: July 8, 2010 By: /s/ William A. Baird

WILLIAM A. BAIRD 

JEFFREY K. COMPTON

Markun Zusman & Compton LLP

 STEVE ELSTER

 Law Office of Steve Elster 

COUNSEL FOR DEFENDANTS

DATE: July 8, 2010 By: /s/ Mary F. Hansbury

LINDA E. SHOSTAK

JAMES E. BODDY, JR.

 MARY F. HANSBURY

Morrison & Foerster LLP

ECF CERTIFICATION

I hereby attest that I have obtained concurrence regarding the filing of this document from

each of the signatories within the e-filed document.

DATE: July 8, 2010 By: /s/ Mary F. Hansbury

Mary F. Hansbury

ORDER

PURSUANT TO STIPULATION AND GOOD CAUSE APPEARING, IT IS SO 

ORDERED.

DATED: ________________ ____________________________

Honorable Susan Illston

United States District Court Judge

Case 3:08-cv-00177-SI Document 146 Filed 07/13/10 Page 3 of 3