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]

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: [phone]
Facsimile: [phone]
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: [phone]
Facsimile: [phone]
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: [phone]
Facsimile: [phone]
James Terrell (ASB-0887-L73J)
Of Counsel:
McCallum, Methvin & Terrell, P.C.
The Highland Building
2201 Arlington Avenue South
Birmingham, Alabama 35205
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff Michael McPherson

EAST\44866195.4

4