Fernando et al v. eBay, Inc. et al

Filing 9

STIPULATION AND ORDER re 8 Extending Defendants' Time to Respond to Complaint and Continuing Case Management Conference. Signed by Judge Patricia V. Trumbull on 9/2/10. (pvtlc1) (Filed on 9/3/2010)

Fernando et al v. eBay, Inc. et al Doc. 9 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 STROOCK & STROOCK & LAVAN LLP JULIA B. STRICKLAND (State Bar No. 083013) LISA M. SIMONETTI (State Bar No. 165996) DAVID W. MOON (State Bar No. 197711) GEORGE S. AZADIAN (State Bar No. 253342) 2029 Century Park East, Suite 1800 Los Angeles, CA 90067 Telephone: 310-556-5800 Facsimile: 310-556-5959 Email: lacalendar@stroock.com Attorneys for Defendants EBAY INC. and PAYPAL, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE BRANCH DEVINDA FERNANDO, VADIM TSIGEL on behalf of themselves and all others similarly situated and on behalf of the general public of the United States, Plaintiffs, v. EBAY, INC., a foreign corporation, PAYPAL, INC., a Delaware corporation Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 10-CV-01668 PVT STIPULATION AND ORDER EXTENDING DEFENDANTS' TIME TO RESPOND TO COMPLAINT AND CONTINUING CASE MANAGEMENT CONFERENCE PROPOSED CLASS ACTION Action Filed: April 19, 2010 [Declaration of George S. Azadian filed concurrently] STIPULATION AND ORDER EXTENDING TIME TO RESPOND CASE NO. 10-CV-01668 PVT LA 51302668v1 Dockets.Justia.com 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 WHEREAS, on April 19, 2010, plaintiffs Devinda Fernando and Vadim Tsigel ("Plaintiffs") filed the Complaint in this action, which was served on defendants eBay Inc. and PayPal, Inc. ("Defendants") by personal service on August 18, 2010; WHEREAS, the parties have agreed to extend the date by which Defendants must answer or otherwise respond to the Complaint until and including October 18, 2010; WHEREAS, pursuant to Local Rules 6-1 and 6-2, the parties may request an order changing time that would affect the date of an event or deadline already fixed by Court order; WHEREAS, the Court currently has calendared: (i) August 31, 2010, as the deadline for the parties to file a Joint Case Management Statement; and (ii) September 7, 2010, at 2:00 p.m., as the date and time for the Case Management Conference; WHEREAS, it would promote judicial efficiency to continue the Case Management Conference and the parties' submission of their Joint Case Management Statement until after Defendants respond to the Complaint and after the hearing on any motion filed by Defendants in response to the Complaint; and WHEREAS, in light of the foregoing, the parties request a continuance of the Case Management Conference to January 11, 2011 at 2:00 p.m. or an alternate date in January (to be determined by the Court) and an extension to file their Joint Case Management Statement to December 28, 2010 (or fourteen (14) days prior to the date set for the continued Case Management Conference). // // // // // // // -2STIPULATION AND ORDER EXTENDING TIME TO RESPOND CASE NO. 10-CV-01668 PVT LA 51302668v1 1 2 3 4 5 6 7 8 9 10 11 IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of record, that: (i) Defendants' time to answer or otherwise respond to the Complaint hereby is extended until and including October 18, 2010; (ii) the Case Management Conference be continued until January 11, 2011 at 2:00 p.m. and (iii) the parties' Joint Case Management Statement shall be due by December 28, 2010. Dated: August 25, 2010 STROOCK & STROOCK & LAVAN LLP JULIA B. STRICKLAND LISA M. SIMONETTI DAVID W. MOON GEORGE S. AZADIAN By: /s/ George S. Azadian George S. Azadian Attorneys for Defendants EBAY INC. and PAYPAL, INC. 12 13 14 15 Dated: August 31, 2010 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: 9/2/10 MARINA TRUBITSKY & ASSOCIATES, PLLC By: /s/ Marina Trubitsky (signed with permission) Marina Trubitsky Attorneys for Plaintiffs DEVINDA FERNANDO and VADIM TSIGEL ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. UNITED STATES MAGISTRATE JUDGE STIPULATION AND ORDER EXTENDING TIME TO RESPOND CASE NO. 10-CV-01668 PVT LA 51302668v1