Patterson et al v. O'Neal

Filing 48

STIPULATION AND ORDER Allowing Plaintiffs to File Single Combined Opposition Brief to all Five Motions to Dismiss. Signed by Judge Samuel Conti on 10/22/09. (tdm, COURT STAFF) (Filed on 10/22/2009)

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BLUM | COLLINS LLP Steven A. Blum (Bar No. 133208) [e-mail] Craig M. Collins (Bar No. 151582) [e-mail] Douglas L. Thorpe (Bar No. 43749) [e-mail] 707 Wilshire Blvd., 48th Floor Los Angeles, California 90017 Telephone: [phone] Facsimile: 213.572.0401 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

KENDRICK PATTERSON, ADAM BERGMAN, MICHAEL ATTIANESE, ANDREA LEVY, DARYL YEAKLE, and RAYMOND R. PLANTE, each individually, and on behalf of all others similarly situated and the general public, Plaintiffs, v. STEPHEN V. O'NEAL, individually and on behalf of those similarly situated; THOMAS HILL, individually and on behalf of those similarly situated; ELLEN L. BASTIER, individually and on behalf of those similarly situated; MARK WEITZEL, individually and on behalf of those similarly situated; JULIAN MILLSTEIN, individually and on behalf of those similarly situated; JEFFREY STEINER, individually and on behalf of those similarly situated; and DAVID P. GRAYBEAL, individually and on behalf of those similarly situated; ORRICK, HERRINGTON & SUTCLIFFE LLP, a limited liability partnership, DLA PIPER LLP, a limited liability partnership, NIXON PEABODY LLP, a limited liability partnership, HOWREY LLP, a limited liability partnership, and MORGAN LEWIS & BOCKIUS LLP, a limited liability partnership, Defendants.

Case No. 09-cv-03031 SC (Related Case No. 08-cv-05322 SC) STIPULATION TO ALLOW PLAINTIFFS TO FILE A SINGLE, COMBINED OPPOSITION BRIEF TO FIVE MOTIONS TO DISMISS

HEARING ON MOTIONS TO DISMISS: Date: November 20, 2009 Time: 10:00 a.m. Judge: Hon. Samuel Conti Place: United States Courthouse Dept. 1, 17th Floor 450 Golden Gate Avenue San Francisco, California

STIPULATION TO ALLOW PLAINTIFFS TO FILE A SINGLE COMBINED OPPOSITION BRIEF; CASE NO. 09-CV-03031-SC

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WHEREAS, Defendants DLA Piper LLP (US), Nixon Peabody LLP, Howrey LLP, Morgan, Lewis & Bockius LLP, and Orrick, Herrington & Sutcliffe LLP (collectively, the "Five Law Firm Defendants") have filed motions to dismiss (the "Motions to Dismiss") the First Amended Complaint filed by Plaintiffs Kendrick Patterson, Adam Bergman, Michael Attianese, Andrea Levy, Daryl Yeakle, and Raymond R. Plante (collectively, "Plaintiffs") pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; WHEREAS, the five Motions to Dismiss are set for hearing on November 20, 2009 at 10:00 a.m. (per Docket No. 41), WHEREAS, the Court has ordered that any Opposition briefs must be filed no later than October 23, 2009; and WHEREAS, Plaintiffs believe it would serve the interest of judicial economy for the Plaintiffs to file a single combined opposition brief to all five Motions to Dismiss, rather than separate opposition briefs; THEREFORE, the Plaintiffs and the Five Law Firm Defendants stipulate as follows: 1. Plaintiffs may file a single omnibus memorandum of points and authorities in

opposition to all five motions. The memorandum may be up to 35 pages of text. IT IS SO STIPULATED.

Dated: October 19, 2009

FOLGER LEVIN & KAHN LLP By: /s/ Jiyun Cameron Lee Attorneys for Defendant Morgan, Lewis & Bockius LLP

Dated: October 19, 2009

KEKER & VAN NEST LLP By: /s/ Wendy J. Thurm Attorneys for Defendant DLA PIPER LLP (US)

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STIPULATION TO ALLOW PLAINTIFFS TO FILE A SINGLE COMBINED OPPOSITION BRIEF CASE NO. 09-CV-03031-SC

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Dated: October 19, 2009

HOWREY LLP By: /s/ Richard J. Burdge, Jr. Attorneys for Defendant HOWREY LLP

Dated: October 19, 2009

NIXON PEABODY LLP By: /s/ Andrew Neilson Attorneys for Defendant NIXON PEABODY LLP

Dated: October 19, 2009 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2Dated: October 19, 2009

HOWARD RICE By: /s/ Jonathan William Hughes Attorneys for Defendant ORRICK, HERRINGTON & SUTCLIFFE, LLP

BLUM COLLINS LLP By: /s/ Craig Michael Collins Attorneys for Plaintiffs

Pursuant to General Order 45(X), I hereby attest that the signatories above have concurred in the filing of this document. /s/ Craig M. Collins

STIPULATION TO ALLOW PLAINTIFFS TO FILE A SINGLE COMBINED OPPOSITION BRIEF CASE NO. 09-CV-03031-SC

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ORDER Pursuant to stipulation, the Court hereby orders that in response to five pending motions to dismiss filed by Defendants DLA Piper LLP (US), Nixon Peabody LLP, Howrey LLP, Morgan, Lewis & Bockius LLP, and Orrick, Herrington & Sutcliffe LLP, Plaintiffs may file a single omnibus memorandum of points and authorities in opposition to all of up to 35 pages in length.
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IT IS SO ORDERED.

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STIPULATION TO ALLOW PLAINTIFFS TO FILE A SINGLE COMBINED OPPOSITION BRIEF CASE NO. 09-CV-03031-SC

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Honorable Samuel Conti United States Districtl Judge Conti Samue
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22 Dated: October ____, 2009

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