Gosling v. Groupon, Inc.

Filing 12

STIPULATION and [Proposed] Order for Continuance of Case Management Conference and Related Dates by Sarah Gosling, Groupon, Inc.. (Weiss, Shirli) (Filed on 4/28/2011)

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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 18 SARAH GOSLING, on Behalf of Herself and All Other Similarly Situated and the General Public, 19 Plaintiff, 17 CASE NO. 3:11-cv-01038 (CRB) STIPULATION AND [PROPOSED] ORDER FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND RELATED DATES v. 20 Case Management Conference: 21 GROUPON, INC., and DOES 1 through 100, inclusive, 22 Defendants. 23 Date: Time: Courtroom: Judge: June 17, 2011 8:30 a.m. 8 Hon. Charles R. Breyer 24 25 26 27 28 DLA P IPER LLP (US) SAN FRANCISCO EAST\44626886.2 STIPULATION FOR CONTINUANCE OF CMC AND ATTENDANT DATES CASE NO. 3:11-CV-01038 (CRB) 1 2 Plaintiff Sarah Gosling (“Plaintiff”) and Defendant Groupon, Inc. (“Groupon”) by and through their respective attorneys of record, stipulate as follows: 3 1. 4 8:30 a.m. 5 2. The initial Case Management Conference in this action is set for June 17, 2011 at Pursuant to the Order Setting Initial Case Management Conference and the Clerk’s 6 Notice dated March 14, 2011, the deadline to file the Rule 26(f) Report, complete initial 7 disclosures or state objections to initial disclosures in the Rule 26(f) Report, and file the Case 8 Management Conference Statement is June 10, 2011, and the deadline for the parties to meet and 9 confer pursuant to Rule 26(f), file the ADR Certification, and file either a stipulation to ADR 10 Process or Notice of Need for ADR Phone Conference is May 24, 2011. 11 3. On May 16, 2011, the Judicial Panel on Multidistrict Litigation (“JPML”) will 12 hear a motion to consolidate this case, along with other cases pending against Groupon 13 and certain "retailer" defendants in various district courts and involving similar allegations 14 (“MDL Motion”). 15 4. The parties have previously stipulated and agreed to extend Groupon’s time to 16 respond to the complaint until (i) 45 days after the filing of a Consolidated Amended Complaint 17 or whatever other deadline is set by the transferee court, in the event the JPML grants the MDL 18 Motion, or (ii) 45 days after service of the JPML’s decision on the MDL Motion to consolidate or 19 whatever deadline is set by this Court, in the event the JPML denies the MDL Motion to 20 consolidate. 21 5. In light of the above, the parties hereby stipulate and request that the Court stay all 22 currently pending dates and deadlines in this matter, including the Case Management Conference 23 currently scheduled for June 17, 2011 at 8:30 a.m., pending the JPML’s decision on the MDL 24 Motion. The parties further request that in the event the JPML denies the MDL Motion, the 25 ///// 26 ///// 27 ///// 28 ///// -1- DLA P IPER LLP (US) SAN FRANCISCO EAST\44626886.2 STIPULATION FOR CONTINUANCE OF CMC AND ATTENDANT DATES CASE NO. 3:11-CV-01038 (CRB) 1 Court reset the Case Management Conference for a date no sooner than 45 days after service of 2 the JPML’s decision on the MDL Motion. 3 IT IS SO STIPULATED. 4 5 Dated: April 28, 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 28, 2011 ROBBINS GELLER RUDMAN & DOWD LLP By s/ John J. Stoia, Jr. JOHN J. STOIA, JR. RACHEL L. JENSEN PHONG L. TRAN Attorneys for Plaintiff SARAH GOSLING 13 14 15 16 17 I, Christopher M. Young, attest that concurrence in the filing of this document has been 18 obtained from each of the signatories. I declare under penalty of perjury under the laws of the 19 United States of America that the foregoing is true and correct. Executed on this 28th day of 20 April, 2011 at San Diego, California. 21 By: s/ Christopher M. Young CHRISTOPHER M. YOUNG Attorney for Defendant Groupon, Inc. 22 23 24 25 26 27 28 -2- DLA P IPER LLP (US) SAN FRANCISCO EAST\44626886.2 STIPULATION FOR CONTINUANCE OF CMC AND ATTENDANT DATES CASE NO. 3:11-CV-01038 (CRB) 1 2 ORDER PURSUANT TO STIPULATION AND GOOD CAUSE APPEARING, IT IS HEREBY 3 ORDERED that all dates and deadlines in this matter are stayed pending the decision of the 4 Judicial Panel on Multidistrict Litigation (“JPML”) on the MDL Motion to consolidate. The Case 5 Management Conference currently scheduled for June 17, 2011 at 8:30 a.m. is taken off calendar, 6 and shall be rescheduled for a date no sooner than 45 days after service of the JPML’s decision on 7 the MDL Motion, in the event the JPML denies the MDL Motion. 8 IT IS SO ORDERED. 9 10 Dated: April ___, 2011 The Hon. Charles R. Breyer U.S. District Court Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- DLA P IPER LLP (US) SAN FRANCISCO EAST\44626886.2 STIPULATION FOR CONTINUANCE OF CMC AND ATTENDANT DATES CASE NO. 3:11-CV-01038 (CRB)

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