Meguerian v. Apple, Inc

Filing 59

STIPULATION AND ORDER Granting Request to Enlarge Time to file Reply Brief re 58 Stipulation. Apple's Reply Brief in support of the Motion to Stay Discovery is extended to 12/5/2011. Signed by Judge Edward J. Davila on 11/29/2011. (ecg, COURT STAFF) (Filed on 11/29/2011)

1 2 3 4 5 6 7 PENELOPE A. PREOVOLOS (CA SBN 87607) PPreovolos@mofo.com STUART C. PLUNKETT (CA SBN 187971) SPlunkett@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 Facsimile: 415.268.7522 Attorneys for Defendant APPLE INC. 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 17 IN RE APPLE IN-APP PURCHASE LITIGATION Master File No. 11-CV-1758-EJD This Document Relates to: STIPULATED REQUEST FOR ORDER ENLARGING TIME TO FILE REPLY BRIEF All Actions CLASS ACTION Judge: Honorable Edward J. Davila 18 19 20 21 22 23 24 25 26 27 28 STIPULATED REQUEST FOR ORDER ENLARGING TIME TO FILE REPLY MASTER FILE NO. 11-CV-1758-EJD sf-3075401 1 2 Pursuant to Civil Local Rule 6-2, defendant Apple Inc. (“Apple”) hereby submits this Stipulated Request for Order Enlarging Time to File Reply Brief. 3 4 WHEREAS, on November 14, 2011, Apple filed a Motion to Stay Discovery and noticed the motion for hearing on February 17, 2012; 5 WHEREAS plaintiffs’ opposition to the motion was due November 28, 2011; 6 WHEREAS plaintiffs filed their opposition brief a few days early, on November 23, 2011; 7 WHEREAS Apple’s reply brief is now due November 30, 2011; 8 WHEREAS the seven-day reply period generated by the filing date of the opposition 9 includes the Thanksgiving holiday; 10 WHEREAS certain attorneys for Apple are on vacation over the Thanksgiving holiday; 11 WHEREAS Apple requested that plaintiffs stipulate to extend Apple’s time to file a reply 12 brief to December 5, 2011; 13 WHEREAS the Court has not previously entered an order modifying time in this action; 14 WHEREAS the parties have previously stipulated to extend Apple’s time to respond to the 15 complaints in the individual action (prior to consolidation in this proceeding); 16 17 18 19 20 WHEREAS the requested time modification would not affect any schedule set by the Court; THEREFORE, plaintiffs and Apple stipulate that Apple’s time to file its reply brief in support of the motion to stay discovery should be extended to December 5, 2011. IT IS SO STIPULATED. 21 22 23 24 25 26 27 28 STIPULATED REQUEST FOR ORDER ENLARGING TIME TO FILE REPLY MASTER FILE NO. 11-CV-1758-EJD sf-3075401 1 1 Dated: November 28, 2011 2 PENELOPE A. PREOVOLOS STUART C. PLUNKETT MORRISON & FOERSTER LLP 3 4 By: 5 Attorneys for Defendant APPLE INC. 6 7 /s/ Stuart C. Plunkett STUART C. PLUNKETT Dated: November 28, 2011 8 MICHAEL J. BONI JOSHUA D. SNYDER BONI & ZACK LLC 9 10 By: 11 /s/ Joshua D. Snyder JOSHUA D. SNYDER Admitted Pro Hac Vice 12 Attorneys for Plaintiffs 13 14 15 GENERAL ORDER 45 ATTESTATION 16 I, Kay Fitz-Patrick, am the ECF User whose ID and password are being used to file the 17 foregoing document. In compliance with General Order 45, X.B., I hereby attest that Stuart C. 18 Plunkett and Joshua D. Snyder have concurred in this filing. 19 /s/ Kay Fitz-Patrick Kay Fitz-Patrick 20 21 22 23 24 PURSUANT TO STIPULATION, IT IS SO ORDERED. Date: November 29, 2011 _______________________________ Hon. Edward J. Davila United States District Judge 25 26 27 28 STIPULATED REQUEST FOR ORDER ENLARGING TIME TO FILE REPLY MASTER FILE NO. 11-CV-1758-EJD sf-3075401 2