Tomek v. Apple, Inc.

Filing 54

ORDER signed by Chief Judge Morrison C. England, Jr on 4/30/13 EXTENDING the deadline for defendant Apple, Inc. to file its reply in support of its motion to dismiss to 5/2/13. (Manzer, C)

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PENELOPE A. PREOVOLOS (BAR NO. 87607)
[e-mail]
ANDREW D. MUHLBACH (BAR NO. 175694)
[e-mail]
ALEXEI KLESTOFF (BAR NO. 224016)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone:
415.268.7000
Facsimile:
415.268.7522
Attorneys for Defendant
APPLE INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALEX TOMEK, an individual and on behalf of all
others similarly situated,
Plaintiffs,
v.
APPLE INC., a California corporation, and DOES
1 through 20,
Defendants.

Case No. 2:11-cv-02700-MCE-DAD
STIPULATION AND
[PROPOSED] ORDER
EXTENDING APPLE INC.’S
DEADLINE TO FILE ITS
REPLY IN SUPPORT OF ITS
MOTION TO DISMISS THE
THIRD AMENDED
COMPLAINT
Date:
Time:
Ctrm:

May 30, 2013
2:00 p.m.
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Hon. Morrison C. England, Jr.

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WHEREAS, Plaintiff Alex Tomek filed a Third Amended Complaint (“TAC”) on

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February 19, 2103;

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WHEREAS, Defendant Apple Inc. file a motion to dismiss the TAC on March 22, 2013;

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WHEREAS, Plaintiff filed his opposition to the motion to dismiss on April 19, 2013;

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WHEREAS, Apple’s reply brief is currently due April 29, 2013;

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WHEREAS, the hearing date on Apple’s motion to dismiss is May 30, 2013;

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WHEREAS, Apple requires additional time to prepare its reply brief and for client

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review;

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THE PARTIES TO HEREBY AGREE AND STIPULATE AS FOLLOWS:

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1.

TAC shall be extended from April 29, 2013 to May 2, 2013;

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Apple’s deadline to file its reply in support of its motion to dismiss the

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The hearing date on Apple’s motion shall remain May 30, 2013.

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Dated: April 26, 2013

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PENELOPE A. PREOVOLOS
ANDREW D. MUHLBACH
ALEXEI KLESTOFF
MORRISON & FOERSTER LLP
/s/ Penelope A. Preovolos
PENELOPE A. PREOVOLOS
Email: [e-mail]
Attorneys for Defendant
APPLE INC.

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Dated: April 26, 2013

ANTHONY A. FERRIGNO
LAW OFFICES OF ANTHONY A. FERRIGNO
JACK T. HUMES
LAW OFFICES OF JACK T. HUMES
/s/ Jack T. Humes (authorized on 4/26/13)
JACK T. HUMES
Email: [e-mail]
Attorneys for Plaintiff
ALEX TOMEK

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ORDER

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The deadline for defendant Apple Inc. to file its reply in support of its motion to dismiss

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the Third Amended Complaint is hereby extended from April 29, 2013 to May 2, 2013. The

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hearing date on Apple’s motion shall remain May 30, 2013.

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IT IS SO ORDERED.
DATE: April 30, 2013

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___________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT

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