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)
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)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?