Handy v. LogMeIn, Inc.

Filing 14

ORDER GRANTING 13 Stipulation to Continue Status Conference, signed by Magistrate Judge Jennifer L. Thurston on 1/9/2015. Status Conference re Consent / Initial Scheduling Conference CONTINUED to 2/26/2015 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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LATHAM & WATKINS LLP
William Trach (pro hac vice)
[e-mail]
John Hancock Tower, 27th Floor
200 Clarendon Street
Boston, Massachusetts 02116
Telephone: [phone]
Facsimile: [phone]

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LATHAM & WATKINS LLP
Brian T. Glennon (SBN 211012)
[e-mail]
James H. Moon (SBN 268215)
[e-mail]
355 South Grand Avenue
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant LogMeIn, Inc.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DARREN HANDY,

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Plaintiff,

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v.

No. 1:14-cv-01355---JLT
STIPULATION AND [PROPOSED]
ORDER CONTINUING STATUS
CONFERENCE
(Doc. 13)

LOGMEIN, INC.,
Defendant.

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STIPULATION REGARDING
SCHEDULING CONFERENCE

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TO THE HONORABLE COURT:
Plaintiff Darren Handy (“Plaintiff”) and Defendant LogMeIn, Inc. (“Defendant”), by and

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through their respective undersigned counsel, hereby stipulate and agree as follows:

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WHEREAS, Plaintiff filed his Complaint on August 28, 2014 (ECF No. 1);

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WHEREAS, on August 29, 2014, the Court issued an Order Setting Mandatory

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Scheduling Conference setting a scheduling conference for December 17, 2014 (ECF No. 3);

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WHEREAS, on November 19, 2014, the Court continued the scheduling conference until
January 26, 2014 (ECF No. 4);
WHEREAS, Defendant waived service of the Complaint on December 1, 2014, and its
response to the Complaint is due on January 30, 2014 (ECF No. 9);
WHEREAS, counsel for Defendant entered their notice of appearance on December 3,
2014 (ECF Nos. 5, 7);

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WHEREAS, the Order Setting Mandatory Scheduling Conference requires the parties to

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file a statement regarding their legal and factual contentions in their pleadings and contemplates

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an analysis of both parties’ positions by January 16, 2014;

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WHEREAS, Defendant’s responsive pleading to the Complaint is not due until January

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30, 2014 and Defendant is in the process of investigating Plaintiff’s allegations and its potential

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defenses;

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WHEREAS, the parties conferred and agree that continuing the scheduling conference

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until after Defendant’s response deadline would allow a more meaningful analysis of each

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party’s factual and legal contentions;

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WHEREAS, holding the scheduling conference on February 26, 2015 would allow the

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Court to satisfy Federal Rule of Civil Procedure 16(b)(2)’s requirement that a scheduling order

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issue within 120 days of service of the complaint upon defendant (i.e., by March 30, 2015) or

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within 90 days after a defendant has appeared (i.e., by March 3, 2014), whichever is earlier;

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WHEREAS, extending the scheduling conference until February 26, 2015 would not

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delay any pending proceeding before the Court; and
WHEREAS, this is the first request by either party to modify any deadline in this case;
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STIPULATION REGARDING
SCHEDULING CONFERENCE

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IT IS HEREBY STIPULATED and agreed by and between the parties that:

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1.

The scheduling conference shall be continued until February 26, 2015; and

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2.

The parties shall otherwise comply with the deadlines imposed by the Court’s

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Order Setting Mandatory Scheduling Conference, including filing a joint report at least one full

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week prior to the scheduling conference.

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STIPULATION REGARDING
SCHEDULING CONFERENCE

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Dated: January 9, 2015

Respectfully submitted,

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By /s/ Brian T. Glennon
Brian T. Glennon

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LATHAM & WATKINS LLP
William Trach (pro hac vice)
[e-mail]
John Hancock Tower, 27th Floor
200 Clarendon Street
Boston, Massachusetts 02116
Telephone: [phone]
Facsimile: [phone]

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LATHAM & WATKINS LLP
Brian T. Glennon (SBN 211012)
[e-mail]
James H. Moon (SBN 268215)
[e-mail]
355 South Grand Avenue
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant LogMeIn, Inc.

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Dated: January 9, 2015
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By /s/ Matthew M. Loker (as authorized on 1/9/15)
Matthew M. Loker
KAZEROUNI LAW GROUP, APC
Abbas Kazerounian (SBN 249203)
[e-mail]
Matthew M. Loker (SBN 279939)
[e-mail]
245 Fischer Avenue, Unit D1
Costa Mesa, CA 92626
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff Darren Handy

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STIPULATION REGARDING
SCHEDULING CONFERENCE

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ORDER

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Based upon the stipulation of counsel and to allow time for Defendant to file its
responsive pleading, the Court ORDERS:

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1.

The scheduling conference is CONTINUED to February 26, 2015 at 9:30 a.m.;

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No other modifications to the Court’s Order Setting Mandatory Scheduling

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Conference are authorized.

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IT IS SO ORDERED.
Dated:

January 9, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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STIPULATION REGARDING
SCHEDULING CONFERENCE