Gosling v. Groupon, Inc.

Filing 11

STIPULATION to Extend Time for Defendant to Answer or Otherwise Respond to the Complaint Pursuant to Local Rule 6-1(A) by Groupon, Inc.. (Young, Christopher) (Filed on 4/18/2011)

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1 2 3 4 5 6 7 8 9 10 11 SHIRLI F. WEISS (Bar No. 079225) CHRISTOPHER M. YOUNG (Bar No. 163319) NOAH A. KATSELL (Bar No. 217090) DLA PIPER LLP (US) 401 B Street, Suite 1700 San Diego, CA 92101-4297 Tel: 619.699.2700 Fax: 619.699.2701 shirli.weiss@dlapiper.com christopher.young@dlapiper.com noah.katsell@dlapiper.com PAUL J. HALL (Bar No. 66084) DLA PIPER LLP (US) 555 Mission Street Suite 2400 San Francisco, CA 94105 Tel: 415.836.2500 Fax: 619.699.2701 paul.hall@dlapiper.com Attorneys for Defendant GROUPON, INC. 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN FRANCISCO DIVISION 16 17 18 SARAH GOSLING, on Behalf of Herself and All Other Similarly Situated and the General Public, Plaintiff, 19 v. 20 21 GROUPON, INC., and DOES 1 through 100, inclusive, CASE NO. CV 11-1038 (CRB) STIPULATION TO EXTEND TIME FOR DEFENDANT TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT PURSUANT TO LOCAL RULE 6-1(A) 22 Defendants. 23 Judge: Hon. Charles R. Breyer Courtroom: 8 24 25 26 27 28 DLA P IPER LLP (US) SAN FRANCISCO EAST\44507771.2 STIPULATION TO EXTEND TIME CASE NO. CV 11-1038 (CRB) 1 2 Plaintiff Sarah Gosling (“Plaintiff”) and Defendant Groupon, Inc. (“Groupon”) by and through their respective attorneys of records, stipulate as follows: 3 1. 4 Groupon. 5 2. On or about March 11, 2011, Groupon was served with the Complaint. 6 3. On or about March 11, 2011, Plaintiff Sarah Gosling and plaintiff in another action On or about March 4, 2011, Plaintiff filed a Complaint in this Court against 7 against Groupon1 filed with the Judicial Panel on Multidistrict Litigation (“JPML”) a motion to 8 consolidate this case, along with eight other cases pending against Groupon and certain "retailer" 9 defendants in various district courts and involving similar allegations, in the Northern District of 10 California (“MDL Motion”). 11 4. Defendants responded to the MDL Motion on April 4, 2011. Defendants agreed 12 that transfer and coordination or consolidation of the actions was appropriate, but proposed that 13 the appropriate transferee court is the Southern District of California. 14 15 5. On or about March 30, 2011, Plaintiff and Groupon stipulated to extend the time to respond to the Complaint to April 22, 2011. 16 6. The JPML will hear the MDL Motion on May 16, 2011. 17 7. Extending Groupon’s response date until after the JPML panel rules on the MDL 18 Motion will promote judicial economy, eliminate the potential for conflicting pretrial rulings, and 19 limit unnecessary party expenses and burdens. Barnes v. Equinox Group, Inc., No. C 10-03586 20 LB, 2010 WL 5479624, at *2 (N.D. Cal. Dec. 30, 2010) (granting stay pending the JPML’s 21 decision to transfer the case to “avoid unnecessary expenditure of time and resources [and] 22 potential duplication of efforts[.]”) 23 8. For these reasons, the parties hereby stipulate and agree that Groupon’s time to 24 answer or otherwise respond to the Complaint shall be extended until (i) 45 days after the filing of 25 a Consolidated Amended Complaint or whatever other deadline is set by the transferee court, in 26 the event the JPML grants the MDL Motion, or (ii) 45 days after service of the JPML’s decision 27 1 28 DLA P IPER LLP (US) Ferreira v. Groupon, Inc., No. 11-cv-0132-DMS(POR) (S.D. Cal. filed Jan. 21, 2011) and Gosling v. Groupon, Inc., No. 11-cv-01038-CRB (N.D. Cal. filed Mar. 4. 2011). -1- SAN FRANCISCO EAST\44507771.2 STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT CASE NO. CV 11-1038 (CRB) 1 on the MDL Motion to consolidate or whatever deadline is set by this Court, in the event the 2 JPML denies the MDL Motion to consolidate. 3 IT IS SO STIPULATED. 4 5 Dated: April 18, 2011 DLA PIPER LLP (US) 6 7 By /s Christopher M. Young SHIRLI F. WEISS PAUL J. HALL CHRISTOPHER M. YOUNG NOAH A. KATSELL Attorneys for Defendant GROUPON, INC. 8 9 10 11 12 Dated: April 18, 2011 ROBBINS GELLER RUDMAN & DOWD LLP 13 By 14 15 16 /s Phong L. Tran JOHN J. STOIA, JR. RACHEL L. JENSEN PHONG L. TRAN Attorneys for Plaintiff SARAH GOSLING. 17 18 19 I, Christopher M. Young, attest that concurrence in the filing of this document has been 20 obtained from each of the signatories. I declare under penalty of perjury under the laws of the 21 United States of America that the foregoing is true and correct. Executed on this 18 day of April, 22 2011 at San Diego, California. 23 By: 24 25 s/Christopher M. Young CHRISTOPHER M. YOUNG Attorney for Defendant Groupon, Inc. 26 27 28 -2- DLA P IPER LLP (US) SAN FRANCISCO EAST\44507771.2 STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT CASE NO. CV 11-1038 (CRB)

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