Miller v. Facebook, Inc. et al

Filing 94

MOTION for Administrative Relief filed by Daniel M. Miller. (Attachments: # 1 Stipulation, # 2 Proposed Order)(Hancock, Brian) (Filed on 11/29/2010)

Miller v. Facebook, Inc. et al

Doc. 94

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D. GILL SPERLEIN (172887) THE LAW OFFICE OF D. GILL SPERLEIN 584 Castro Street, Suite 879 San Francisco, California 94114 Telephone: [phone] Facsimile: [phone] [e-mail] DOUGLAS L. BRIDGES (pro hac vice) HENINGER GARRISON DAVIS, LLC 1 Glenlake Parkway, Suite 700 Atlanta, Georgia 30328 Telephone: [phone] Facsimile: [phone] [e-mail] BRIAN D. HANCOCK (pro hac vice) HENINGER GARRISON DAVIS, LLC 2224 1st Avenue North Birmingham, Alabama 35203 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Plaintiff, DANIEL M. MILLER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: CV-10-264 (WHA) PLAINTIFF DANIEL M. MILLER'S MOTION FOR ADMINISTRATIVE RELIEF, PURSUANT TO CIVIL LOCAL RULE 7-11, TO CANCEL THE COURT-ORDERED MEET AND CONFER HEARING SET FOR DECEMBER 1, 2010

DANIEL M. MILLER, Plaintiff, vs. FACEBOOK, INC. and YAO WEI YEO, Defendants.

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PLAINTIFF'S MOTION FOR ADMINISTRATIVE RELIEF CV-10-264 (WHA)

Dockets.Justia.com

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COMES NOW Plaintiff Daniel M. Miller ("Plaintiff"), pursuant to Civil Local Rule 711(a), and moves this Honorable Court to cancel the Court-ordered "meet and confer" hearing scheduled for December 1, 2010. In support thereof, the Plaintiff states the following: 1. On November 19, 2010, pursuant to Paragraph 25 of the Court's "Supplemental

Order to Order Setting Initial Case Management Conference in Civil Cases before Judge William Alsup", the Plaintiff filed a letter brief with the Court requesting that the Court compel Defendant Facebook, Inc. to respond to the Plaintiff's discovery for the reasons set forth therein (Dkt. No. 86). 2. On November 22, 2010, the Court entered its Order Setting Hearing on Plaintiff's

Discovery Dispute (Dkt. No. 88) wherein the Court ordered the parties to "meet and confer" from 11:00 A.M. to 2:00 P.M. on Wednesday, December 1, 2010, in the Attorney's Lounge of the federal courthouse. At 1:30 P.M., the Court stated that it would hear any remaining unresolved issue(s) following the "meet and confer." 3. On November 29th, Defendant Facebook, Inc. responded in opposition to the

Plaintiff's letter brief (Dkt. No. 93). 3. On Friday, November 26th, and again, on Monday, November 29th, counsel for the

Plaintiff and Defendant Facebook, Inc. conferred via telephone and electronic mail and agreed to fully respond to all outstanding discovery requests by answering pending interrogatories and producing documents responsive to pending requests for production by December 17, 2010. The parties also agreed to work in good faith to schedule the parties' respective depositions by the end of January, 2011. Additionally, the parties anticipate filing a joint stipulation with the Court memorializing their agreement.

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PLAINTIFF'S MOTION FOR ADMINISTRATIVE RELIEF CV-10-264 (WHA)

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4.

Thus, at present, there does not appear to be a discovery dispute between the

parties necessitating Court intervention. 5. Lead counsel for the parties have conferred and have stipulated to the relief

requested herein. Pursuant to Civil Local Rules 7-11(a) and 7-12, this stipulation is attached hereto as is a proposed order canceling the December 1st "meet and confer" hearing. WHEREFORE PREMISES CONSIDERED, the Plaintiff respectfully seeks the relief herein requested and all other relief deemed appropriate and just by the Court. Dated: November 29, 2010 Respectfully submitted, s/ Brian D. Hancock BRIAN D. HANCOCK (pro hac vice) HENINGER GARRISON DAVIS, LLC 2224 1st Avenue North Birmingham, Alabama, 35203 Telephone: [phone] Facsimile: [phone] Email: [e-mail] ATTORNEY FOR PLAINTIFF

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PLAINTIFF'S MOTION FOR ADMINISTRATIVE RELIEF CV-10-264 (WHA)