Tomek v. Apple, Inc.

Filing 27

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 2/21/12: Defendant Apple, Inc' s Motion to Dismiss set for February 23, 2012, is taken off-calendar and the hearing vacated without prejudice. Plaintiff Alex Tomek has 20 days from the date of the parties' stipulation to file a First Amended Complaint in this matter, and Apple shall have 30 days from the date of service of the First Amended Complaint to respond. (Kaminski, H)

1
2
3
4
5
6
7
8
9

ANTHONY A. FERRIGNO
[e-mail]
LAW OFFICES OF ANTHONY A. FERRIGNO
1116 Ingelside Avenue
Athens, TN 37303
Telephone: [phone]
Facsimile: [phone]
JACK T. HUMES (BAR NO. 195955)
[e-mail]
LAW OFFICES OF JACK T. HUMES
28720 Canwood Street, Suite 105
Agoura Hills, CA 91301
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
ALEX TOMEK

10
11
12

UNITED STATES DISTRICT COURT

13

EASTERN DISTRICT OF CALIFORNIA

14
15

ALEX TOMEK, an individual and on behalf of all
others similarly situated,

Case No. 2:11-cv-02700-MCE-DAD
STIPULATION AND ORDER

16
Plaintiffs,

Hon. Morrison C. England, Jr.

17
v.
18
19

APPLE INC., a California corporation, and DOES
1 through 20,
Defendants.

20
21
22
23
24
25
26
27
28

sf-3098320

1
2
3
4
5
6

WHEREAS, Defendant Apple, Inc. (“Apple”) filed a Motion to Dismiss on November
17, 2011, which is currently scheduled for hearing on February 23, 2012;
WHEREAS, Plaintiff Alex Tomek’s Opposition to the Motion to Dismiss is scheduled to
be filed and served on January 26, 2012;
WHEREAS, Plaintiff has given consideration to the arguments raised in the Motion and

7

has determined that filing an amended complaint would conserve judicial resources as well as the

8

resources of the parties;

9

WHEREAS, Apple has agreed that, in light of the foregoing, Plaintiff should be

10

permitted to file and serve a First Amended Complaint (“FAC”), without prejudice to Apple’s

11

right to move to dismiss the FAC;

12

THE PARTIES TO HEREBY AGREE AND STIPULATE AS FOLLOWS:

13

1.

calendar and the hearing vacated without prejudice; and,

14
15

2.

3.

Apple shall have 30 days from the service of the First Amended Complaint
to respond.

18
19

Plaintiff Alex Tomek shall have 20 days from the date of this stipulation to
file a First Amended Complaint in this matter;

16
17

Apple’s Motion to Dismiss set for February 23, 2012, shall be taken off-

Dated: January 26, 2012

20
21

ANTHONY A. FERRIGNO
LAW OFFICES OF ANTHONY A.
FERRIGNO
JACK T. HUMES
LAW OFFICES OF JACK T. HUMES

22
/s/ Jack T. Humes
JACK T. HUMES
Email: [e-mail]
One of the Attorneys for Plaintiff
ALEX TOMEK

23
24
25
26
27
28

1
sf-3098320

1
2

Dated: January 26, 2012

3
4

PENELOPE A. PREOVOLOS
ANDREW D. MUHLBACH
ALEXEI KLESTOFF
MORRISON & FOERSTER LLP

5
/s/Alexei Klestoff
PENELOPE A. PREOVOLOS
Email: [e-mail]
Attorneys for Defendant
APPLE INC.

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2
sf-3098320

1
ORDER

2
3

Defendant Apple, Inc’s Motion to Dismiss set for February 23, 2012, is taken off-calendar

4

and the hearing vacated without prejudice. Plaintiff Alex Tomek has 20 days from the date of the

5

parties’ stipulation to file a First Amended Complaint in this matter, and Apple shall have 30 days

6

from the date of service of the First Amended Complaint to respond.
IT IS SO ORDERED.

7
8
9

Dated: February 21, 2012
__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

10
11
12
13

DEAC_Signatu re-END:

14
15
16

c4d6b0d3

17
18
19
20
21
22
23
24
25
26
27
28

3
sf-3098320