Cardoza v. T-Mobile USA Inc

Filing 11

STIPULATION AND ORDER Extending Time for T-Moble to Respond to Plaintiff's Complaint until 30 days after the Court has ruled on T-Mobile's Motion to Transfer. Signed by Judge Samuel Conti on 1/15/09. (tdm, COURT STAFF) (Filed on 1/15/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CHRISTOPHER B. HOCKETT (Bar No. 121539) NEAL A. POTISCHMAN (Bar No. 254862) SANDRA WEST (Bar No. 250389) DAVIS POLK & WARDWELL 1600 El Camino Real Menlo Park, California 94025 Telephone: (650) 752-2000 Facsimile: (650) 752-2111 chris.hockett@dpw.com Attorneys for Defendant T-MOBILE USA, INC. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MILTON CARDOZA, on Behalf of Himself and Others Similarly Situated, Plaintiffs, v. T-MOBILE USA, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No.: CV08-5120 SC STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT WHEREAS, Plaintiff filed his complaint in the above-titled action on November 10, 2008; WHEREAS, Plaintiff served Defendant T-Mobile USA, Inc. ("T-Mobile") with the complaint on December 2, 2008; WHEREAS, T-Mobile originally had until December 22, 2008 to respond to the complaint; WHEREAS, on December 19, 2008, the parties stipulated that the time to respond to the complaint would be extended to January 16, 2009; WHEREAS, T-Mobile intends to file, on or before January 16, 2009, a motion to transfer to the Western District of Washington or, in the alternative, to dismiss or stay the instant action on the same grounds (the "Motion to Transfer"); STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT - No. CV08-5120 SC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the parties have agreed that T-Mobile's time to answer, move to dismiss under Federal Rule of Civil Procedure 12, or otherwise respond to the complaint should be extended until the Court has ruled on the Motion to Transfer; and WHEREAS, the requested extension will not alter the date of any event or deadline already fixed by Court order; IT IS HEREBY STIPULATED AND AGREED among the parties, through their respective counsel of record, pursuant to Civil Local Rule 6-1(a), to an extension of time for T-Mobile to answer, move to dismiss under Rule 12, or otherwise respond to the complaint filed in this matter until 30 days after the Court has ruled on T-Mobile's Motion to Transfer. Dated: January 14, 2009 DAVIS POLK & WARDWELL By: /s/ Christopher B. Hockett Christopher B. Hockett Attorneys for Defendant T-Mobile Dated: January 14, 2009 LAW OFFICE OF PETER FREDMAN By: /s/ Peter B. Fredman Peter B. Fredman Attorneys for Plaintiff * IT IS SO ORDERED. * * S S DISTRICT TE C TA RT U O UNIT ED Dated January 15, 2009 ER N F D IS T IC T O R STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT - No. CV08-5120 SC A C LI FO a Judge S muel Co nti R NIA O ORD SAMUEL CONTI IT IS S UNITED STATES DISTRICT JUDGE NO ERED RT H

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