Stutzman et al. v. Armstrong, et al.

Filing 106

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 8/30/13: HEARING as to 37 , 41 , 46 , 53 and 56 Motions to Dismiss RESET for 12/5/2013 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Kaminski, H)

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Kent J. Schmidt (SBN 195969)
[e-mail]
DORSEY & WHITNEY LLP
600 Anton Boulevard, Ste. 2000
Costa Mesa, CA 92626
Telephone: [phone]
Facsimile: [phone]
Jonathan M. Herman (admitted pro hac vice)
[e-mail]
DORSEY & WHITNEY LLP
51 West 52nd Street
New York, NY 10019-6119
Telephone: [phone]
Facsimile: [phone]
F. Matthew Ralph (admitted pro hac vice)
[e-mail]
DORSEY & WHITNEY LLP
50 S. Sixth Street, Suite 1500
Minneapolis, MN 55402
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants Penguin Group (USA) Inc.,
G.P. Putnam’s Sons, and The Berkley Publishing Group
(See Signature Page for Additional Parties and Counsel)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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ROB STUTZMAN, JONATHAN WHEELER,
GLORIA LAURIA, DAVID REIMERS and
SCOTT ARMSTRONG, on behalf of
themselves and all others similarly situated,

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Plaintiffs,

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vs.

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LANCE ARMSTRONG; PENGUIN GROUP
(USA), INC.; G.P. PUTNAM’S SONS; THE
BERKLEY PUBLISHING GROUP;
RANDOM HOUSE, INC.; BROADWAY
BOOKS; CROWN PUBLISHING GROUP;
THOMAS W. WEISEL; WILLIAM J.
STAPLETON; and DOES 1-50, inclusive,

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Defendants.

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CASE No. 2:13-cv-00116-MCE-KJN
Assigned for all purposes to the Honorable
Morrison C. England, Jr.
JOINT STIPULATION AND ORDER RE
CONTINUANCE OF HEARING ON
DEFENDANTS’ MOTIONS TO DISMISS
PLAINTIFFS’ FIRST AMENDED CLASS
ACTION COMPLAINT

JOINT STIPULATION RE CONTINUANCE OF HEARING ON MOTIONS TO DISMISS AND ORDER
CASE NO. 2:13-CV-00166-MCE-KJN

JOINT STIPULATION

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Plaintiffs Rob Stutzman, Jonathan Wheeler, Gloria Lauria, David Reimers and Scott Armstrong

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(collectively, “Plaintiffs”); Defendants Penguin Group (USA) Inc. (“Penguin”), also sued as G.P.

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Putnam’s Sons and The Berkley Publishing Group; Random House, Inc. (“Random House”), also sued

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as Broadway Books and Crown Publishing Group; Lance Armstrong; Thomas W. Weisel; and William

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J. Stapleton (collectively, “Defendants”) (all collectively referred to as the “Parties”), by and through

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their undersigned counsel, hereby stipulate and agree as follows:

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WHEREAS, on March 7, 2013, Plaintiffs filed a First Amended Class Action Complaint (the
“Complaint”), which is the operative pleading in this action;
WHEREAS, in response to Plaintiffs’ Complaint, each party Defendant has filed a Motion to

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Dismiss (“Defendants’ Motions to Dismiss”) (ECF Nos. 37, 41, 46, 53 and 56), all of which have been

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fully briefed and are pending before the Court;

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WHEREAS, on June 6, 2013, the Court entered a Stipulation and Order rescheduling the
hearing on Defendants’ Motions to Dismiss to August 8, 2013 (ECF No. 58);
WHEREAS, on August 6, 2013, on the Court’s own motion, the hearing on Defendants’

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Motions to Dismiss was vacated and continued to September 5, 2013, at 2:00 p.m. in Courtroom 7

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(ECF No. 100);

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WHEREAS, one or more of the attorneys on this case observes the Jewish New Year, Rosh
Hashanah, which begins September 4 and ends September 6, 2013;
WHEREAS, the Parties were informed on August 6, 2013, by Stephanie Deutsch, Courtroom

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Deputy to Chief Judge England, that available alternative dates on Chief Judge England’s calendar are

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October 3 and 31, November 14, and December 5 and 19; and

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WHEREAS, the Parties have conferred and agree that the first date among those mentioned by

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Ms. Deutsch on which all counsel for the Parties are available for the hearing on Defendants’ Motions

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to Dismiss is December 5, 2013, and they are all in agreement to seek an adjournment of the hearing

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on Defendants’ Motions to Dismiss to that date.

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JOINT STIPULATION RE CONTINUANCE OF HEARING ON MOTIONS TO DISMISS AND ORDER
CASE NO. 2:13-CV-00116-MCE-KJN

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IT IS HEREBY STIPULATED AND AGREED THAT:

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The hearing on Defendants’ Motions to Dismiss should be vacated and continued from

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September 5, 2013 to December 5, 2013.

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DATED: August 22, 2013

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By: /s/ Kevin P. Roddy
Kevin P. Roddy
Eric J. Marcy
WILENTZ, GOLDMAN & SPITZER, P.A.

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Tracey Stevens Buck-Walsh
LAW OFFICE OF TRACEY BUCK-WALSH

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Clyde Talbot Turner
TURNER & ASSOCIATES P.A.

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Henry H. Rossbacher
THE ROSSBACHER FIRM

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Attorneys for Plaintiffs
ROB STUTZMAN, JONATHAN WHEELER,
GLORIA LAURIA, DAVID REIMERS and SCOTT
ARMSTRONG

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DATED: August 22, 2013

KATTEN MUCHIN ROSENMAN LLP

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By: /s/ Zia F. Modabber
Zia F Modabber
Gregory S. Korman
Andrew J. Demko
Attorneys for Defendant
LANCE ARMSTRONG

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DATED: August 22, 2013

DORSEY & WHITNEY LLP

By: /s/ Kent J. Schmidt
Kent J. Schmidt
Jonathan M. Herman
F. Matthew Ralph
Attorneys for Defendants
PENGUIN GROUP (USA) INC., G.P. PUTNAM’S
SONS and THE BERKLEY PUBLISHING GROUP

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JOINT STIPULATION RE CONTINUANCE OF HEARING ON MOTIONS TO DISMISS AND ORDER
CASE NO. 2:13-CV-00116-MCE-KJN

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DATED: August 22, 2013

SIDLEY AUSTIN LLP

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By: /s/ Stephen G. Contopulos
Stephen G. Contopulos
Bradley H. Ellis
Attorneys for Defendants
RANDOM HOUSE, INC., BROADWAY BOOKS
and CROWN PUBLISHING GROUP

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DATED: August 22, 2013

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By: /s/ Robert A. Sacks
Robert A. Sacks
Brendan P. Cullen
John D. Echeverria
Attorneys for Defendant
THOMAS W. WEISEL

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SULLIVAN & CROMWELL LLP

DATED: August 22, 2013

SCHEPER KIM & HARRIS LLP

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By: /s/ Marc S. Harris
Marc S. Harris
William H. Forman
Margaret E. Dayton
Attorneys for Defendant
WILLIAM J. STAPLETON

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JOINT STIPULATION RE CONTINUANCE OF HEARING ON MOTIONS TO DISMISS AND ORDER
CASE NO. 2:13-CV-00116-MCE-KJN

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ORDER

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Pursuant to the parties’ stipulation and good cause appearing therefrom, the Court hereby

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orders that the hearings on Defendants’ Motions to Dismiss (ECF Nos. 37, 41, 46, 53, and 56),

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currently scheduled for September 5, 2013, are vacated and continued to December 5, 2013 at

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2:00 p.m., in Courtroom 7.

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IT IS SO ORDERED.
Dated: August 30, 2013