McPherson v. Groupon, Inc.

Filing 6

JOINT MOTION for Extension of Time to File Answer to Complaint by Groupon, Inc., and Michael McPherson. (Attachments: # 1 Text of Proposed Order)(Lehman, Anthony) [Modified on 5/26/2011 to reflect that this is a "Joint" motion and to add additional filer who was omitted at original time of filing.-DMN]

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UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION MICHAEL McPHERSON, on behalf of himself and on behalf of a class of persons and entities similarly situated in the state of Alabama, Plaintiff, v. GROUPON, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 2:11-cv-342-SRW JOINT MOTION FOR EXTENSION OF TIME FOR DEFENDANT GROUPON, INC. TO RESPOND TO THE COMPLAINT Pursuant to Federal Rule of Civil Procedure 7(b), Plaintiff Michael McPherson (“Plaintiff”) and Defendant Groupon, Inc. (“Defendant”) submit the following Stipulation and Joint Motion to extend Defendant’s time to respond to Plaintiff’s Complaint in the above-entitled matter. In support, the parties state as follows: 1. Plaintiff served his Complaint on Defendant on May 10, 2011. 2. Defendant’s response to the complaint is due on or before May 31, 2011. 3. On or about March 11, 2011, plaintiffs in two other actions against Groupon1 filed with the Judicial Panel on Multidistrict Litigation (“JPML”) a motion to consolidate this case, along with multiple other cases pending against Groupon and certain "retailer" defendants in various district courts and involving similar allegations, in the Northern District of California (“MDL Motion”). 1 Ferreira v. Groupon, Inc., No. 11-cv-0132-DMS(POR) (S.D. Cal. filed Jan. 21, 2011) and Gosling v. Groupon, Inc., No. 11-cv-01038-CRB (N.D. Cal. filed Mar. 4. 2011). EAST\44866195.4 4. On or about April 4, 2011 Defendants responded to the MDL Motion and agreed that transfer and coordination or consolidation of the actions was appropriate, but proposed that the appropriate transferee court is the Southern District of California. 5. The JPML heard the MDL Motion on May 16, 2011, and the motion was taken under submission by the panel. 6. Extending Defendant’s response date until such time as the JPML panel rules on the MDL Motion will promote judicial economy, eliminate the potential for conflicting pretrial rulings, and limit unnecessary party expenses and burdens. 7. Defendant has requested and Plaintiff has stipulated and agreed, subject to Court approval, that Defendant’s time to answer or otherwise respond to the Complaint shall be extended until (i) 45 days after the filing of a Consolidated Amended Complaint or whatever other deadline is set by the transferee court, in the event the JPML grants the MDL Motion, or (ii) 45 days after service of the JPML’s decision on the MDL Motion to consolidate or whatever deadline is set by this Court, in the event the JPML denies the MDL Motion to consolidate. WHEREFORE, the parties, through their respective counsel of record, jointly move the Court to issue an order extending Defendants’ time to respond to the Complaint until (i) 45 days after the filing of a Consolidated Amended Complaint or whatever other deadline is set by the transferee court, in the event the JPML grants the MDL Motion, or (ii) 45 days after service of the JPML’s decision on the MDL Motion to consolidate or whatever deadline is set by this Court, in the event the JPML denies the MDL Motion to consolidate. EAST\44866195.4 2 Dated: May 25, 2011 DLA PIPER LLP (US) By /s/ Anthony D. Lehman Anthony D. Lehman (ASB-7778-H56L) DLA PIPER LLP (US) One Atlantic Center 1201 West Peachtree Street, Suite 2800 Atlanta, Georgia 20209 Telephone: (404) 738-7800 Facsimile: (404) 682-7800 Shirli F. Weiss (CA-79225) Christopher M. Young (CA-163319) Noah A. Katsell (CA-217090) Of Counsel: DLA PIPER LLP (US) 401 B Street, Suite 1700 San Diego, California 92101 Telephone: (619) 699 2700 Facsimile: (619) 699-2701 Attorneys for Defendant Groupon, Inc. EAST\44866195.4 3 Dated: May 25, 2011 MCCALLUM, HOAGLUND, COOK & IRBY, LLP By /s/ R. Brent Irby R. Brent Irby (ASB-2773-R79R) Of Counsel: McCallum, Hoaglund, Cook & Irby, LLP 905 Montgomery Highway, Suite 201 Vestavia Hills, Alabama 35216 Telephone: (205) 824-7767 Facsimile: (205) 824-7768 James Terrell (ASB-0887-L73J) Of Counsel: McCallum, Methvin & Terrell, P.C. The Highland Building 2201 Arlington Avenue South Birmingham, Alabama 35205 Telephone: (205) 939-0199 Facsimile: (205) 939-0399 Attorneys for Plaintiff Michael McPherson EAST\44866195.4 4

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