Cohen et al v. Facebook, Inc.

Filing 52

STIPULATION AND ORDER RE 51 BRIEFING AND HEARING SCHEDULE. Motion for Protective Hearing set for 9/1/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Motion to Dismiss set for 9/15/2011 at 1:30 p.m. in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 8/11/11. (cl, COURT STAFF) (Filed on 8/11/2011)

*E-Filed 8/11/11*
1

5

COOLEY LLP
MICHAEL G. RHODES (116127)
([e-mail])
MATTHEW D. BROWN (196972)
([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]

INITIATIVE LEGAL GROUP APC
MARC PRIMO (216796)
([e-mail])
RAUL PEREZ (Bar No. 174687)
[e-mail]
1800 Century Park East, 2nd Floor
Los Angeles, California 90067
Telephone:
[phone]
Facsimile:
[phone]

6

Attorneys for Defendant Facebook, Inc.

Attorneys for Plaintiffs

7

12

SPILLANE WEINGARTEN LLP
JAY M. SPILLANE (126364)
([e-mail])
ALEX M. WEINGARTEN (204410)
([e-mail])
ERIC B. CARLSON (193401)
([e-mail])
1100 Glendon Avenue, Ste 1200
Los Angeles, California 90024
Telephone: [phone]
Facsimile:
[phone]

13

Attorneys for Plaintiffs

2
3
4

8
9
10
11

14
15

UNITED STATES DISTRICT COURT

16

NORTHERN DISTRICT OF CALIFORNIA

17

SAN FRANCISCO DIVISION

18

20

ROBYN COHEN, SHANNON
STOLLER, CHRISTOPER
MARSHALL, BRYAN SIGLOCK, and
DEBRA LEWIN, individually and on
behalf of others similarly situated,

21

Plaintiffs,

22

v.

23

FACEBOOK, INC., a Delaware
corporation,

19

24
25

Case No. 10-cv-05282-RS
STIPULATION AND [PROPOSED] ORDER
REGARDING BRIEFING AND HEARING
SCHEDULE (CIV. L.R. 6-1(B))

Courtroom:
Judge:
Trial Date:

3
Richard Seeborg
None Set

Defendant.

26
27

This Stipulation is entered into by and among plaintiffs Robyn Cohen, Shannon Stoller,

28

Christopher Marshall, Bryan Siglock, and Debra Lewin (collectively “Plaintiffs”) and defendant

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

1.

STIPULATION & [PROPOSED] ORDER RE
BRIEFING & HEARING SCHEDULE
CASE NO. 10-CV-05282 RS

1

Facebook, Inc. (“Facebook”) (Plaintiffs and Facebook collectively “the Parties”), by and through

2

their respective counsel.

3
4
5
6

WHEREAS, on June 28, 2011 this Court dismissed Plaintiffs’ Complaint with leave to
amend;
WHEREAS, on July 18, 2011, Plaintiffs filed a First Amended Class Action Complaint
(“First Amended Complaint”);

7

WHEREAS, on July 21, 2011, Facebook filed a Motion for Protective Order seeking to

8

stay discovery until resolution of Facebook’s then-planned Motion to Dismiss the First Amended

9

Complaint (“Motion to Dismiss”);

10

WHEREAS, on August 1, 2011, Facebook filed its Motion to Dismiss;

11

WHEREAS, Facebook’s Motion for Protective Order was noticed and is currently

12
13
14

scheduled for hearing on August 25, 2011, at 1:30 p.m.;
WHEREAS, Facebook’s Motion to Dismiss was noticed and is currently scheduled for
hearing on September 8, 2011, at 1:30 p.m.;

15

WHEREAS, the Parties are continuing to engage in meet-and-confer discussions

16

regarding discovery issues, including a discovery schedule, which relate to the issues presented

17

by Facebook’s Motion for Protective Order;

18

WHEREAS, Facebook’s counsel now has a conflict with a hearing in another case

19

scheduled by court order for the same date and time as the hearing on Facebook’s Motion to

20

Dismiss (i.e., September 8, 2011, at 1:30 p.m.) but in a different courthouse (the hearing in the

21

other case having been ordered continued by the court from September 1 to September 8);

22

WHEREAS, the short, agreed-to extensions of time for the briefing and hearing of these

23

motions will enable the Parties to provide better and more helpful briefing to the Court and will

24

not affect any other aspect of the case schedule;

25

NOW, THEREFORE, the Parties hereby stipulate and agree as follows:

26

1.

27

The deadline for Facebook’s Reply in support of Motion for Protective Order is

extended to and including August 18, 2011; and

28
COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

2.

STIPULATION & [PROPOSED] ORDER RE
BRIEFING & HEARING SCHEDULE
CASE NO. 10-CV-05282 RS

1
2
3
4
5
6
7
8
9

2.

The hearing on Facebook’s Motion for Protective Order is continued by one week

to September 1, 2011, at 1:30 p.m.; and
3.

The deadline for Plaintiffs’ Opposition to Facebook’s Motion to Dismiss is

extended to and including August 23, 2011; and
4.

The deadline for Facebook’s Reply in support of its Motion to Dismiss is extended

to and including September 1, 2011; and
5.

The hearing on Facebook’s Motion to Dismiss is continued by one week to

September 15, 2011, at 1:30 p.m.
IT IS SO STIPULATED.

10
11

Dated: August 10, 2011

__________________________________
/s/ Matthew D. Brown
Matthew D. Brown
Attorneys for Defendant FACEBOOK, INC.

12
13
14

Dated: August 10, 2011

15
16

SPILLANE WEINGARTEN LLP
INITIATIVE LEGAL GROUP APC
/s/ Jay M. Spillane
__________________________________
Jay M. Spillane
Attorneys for Plaintiffs

17
18

COOLEY LLP

IT IS SO ORDERED.

19
20
21
22

11
DATED: August_____, 2011

___________________________________
HON. RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

23
24
25
26
27
28
COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

3.

STIPULATION & [PROPOSED] ORDER RE
BRIEFING & HEARING SCHEDULE
CASE NO. 10-CV-05282 RS