Farrell v. OpenTable, Inc.

Filing 34

ORDER granting extension to briefing schedule (tf, COURT STAFF) (Filed on 12/19/2011)

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1 2 3 EDELSON MCGUIRE LLC WILLIAM C. GRAY (Pro Hac Vice) (wgray@edelson.com) 350 North La Salle Street, Suite 1300 Chicago, IL 60654 Telephone: (312) 589-6370 6 SEAN REIS (184044) (sreis@reisfirm.com) 30021 Tomas Street, Ste. 300 Rancho Santa Margarita, CA 92688 Telephone: (949) 459-2124 Facsimile: (858) 550-6420 7 Attorneys for Plaintiff 4 5 WILLIAM FARRELL 8 9 10 11 12 13 14 15 16 17 COOLEY LLP MICHAEL G. RHODES (116127) (rhodesmg@cooley.com) KYLE C. WONG (224021) (kwong@cooley.com) 101 California Street, 5th Floor San Francisco, CA 94111-5800 Telephone: (415) 693-2000 Facsimile: (415) 693-2222 MICHELLE C. DOOLIN (179445) (doolinmc@cooley.com) DARCIE A. TILLY (239715) (dtilly@cooley.com) 4401 Eastgate Mall San Diego, CA 92121 Telephone: (858) 550-6000 Facsimile: (858) 550-6420 Attorneys for Defendant OPENTABLE, INC. 18 UNITED STATES DISTRICT COURT 19 NORTHERN DISTRICT OF CALIFORNIA 20 21 22 WILLIAM FARRELL, on his own behalf and on behalf of all other similarly situated, Plaintiff, 23 24 25 26 v. OPENTABLE, INC., a Delaware corporation, d/b/a OpenTable.com, Case No. C 11-01785-SI STIPULATION AND [PROPOSED] ORDER SETTING DATE FOR FILING OF PLAINTIFF’ S MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT Defendant. 27 28 N.D. CAL. CASE NO. C 11-01785-SI STIP. AND [PROPOSED] ORDER SETTING DATE FOR FILING OF PLAINTIFF’ S MOT. FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT RECITALS 1 WHEREAS, on April 12, 2011, plaintiff William Farrell (“Plaintiff”) filed a putative class 2 3 action lawsuit against defendant OpenTable, Inc. (“OpenTable”); 4 WHEREAS, Plaintiff and OpenTable (collectively, the “Parties”) reached a settlement of 5 this Class Action, the terms of which were memorialized in an agreement “(Agreement”) between 6 the Parties (Dkt. 26-1 – 26-5); WHEREAS, this Court granted Preliminary Approval of Class Action Settlement and 7 8 Class Certification on September 27, 2011 (Dkt. 29); 9 WHEREAS, the Agreement specifies that Plaintiff shall submit his papers in support of 10 final approval “according to the briefing schedule set forth in Local Rules 7-2 and 7-3[,]” namely 11 35 calendar days before the final approval hearing date; WHEREAS, this Court set the hearing for final approval of the Agreement on January 20, 12 13 2012; 14 WHEREAS, Plaintiff requested that OpenTable stipulate to continue the deadline for the 15 filing of Plaintiff’s papers in support of final approval to January 6, 2012 so that Plaintiff can 16 address the recently filed objection to the Agreement in the same brief as his motion for final 17 approval and in light of the upcoming winter holidays; and 18 WHEREAS, OpenTable is amenable to granting Plaintiff an extension until January 6, 19 2012 to file his papers in support of final approval, so long as OpenTable’s deadline to file any 20 statement regarding (non-opposition to) the Agreement is also extended until January 6, 2012. 21 /// 22 /// 23 /// 24 /// 25 26 27 28 N.D. CAL. CASE NO. C 11-01785-SI 2. STIP. AND [PROPOSED] ORDER SETTING DATE FOR FILING OF PLAINTIFF’ S MOT. FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT STIPULATION 1 2 NOW THEREFORE, it is stipulated and agreed to between the Parties that they shall 3 jointly request the Court to continue the deadline for Plaintiff to file his papers in support of final 4 approval to January 6, 2012. The Parties further stipulate and agree to request the Court to 5 continue the deadline for OpenTable to file any statement regarding (non-opposition to) the 6 Agreement until January 6, 2012. 7 Dated: December 13, 2011 EDELSON MCGUIRE LLC 8 s/ William C. Gray WILLIAM C. GRAY (Pro Hac Vice) 9 10 Attorneys for Plaintiff WILLIAM FARRELL 11 12 Dated: December 13, 2011 COOLEY LLP 13 s/ Michelle C. Doolin Michelle C. Doolin (179445) 14 15 Attorneys for Defendant OPENTABLE, INC. 16 [PROPOSED] ORDER 17 18 Plaintiff shall file his Motion for Final Approval of Class Action Settlement on 19 1/6/12 ___________. Any statement regarding (non-opposition to) the Agreement that OpenTable may 20 wish to file is also due on ___________. 1/6/12 21 22 PURSUANT TO STIPULATION, IT IS SO ORDERED. 23 24 25 12/16/11 THE HONORABLE SUSAN ILLSTON U.S. DISTRICT COURT JUDGE DATED 26 27 28 N.D. CAL. CASE NO. C 11-01785-SI 3. STIP. AND [PROPOSED] ORDER SETTING DATE FOR FILING OF PLAINTIFF’ S MOT. FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT FILER’S ATTESTATION 1 2 Pursuant to General Order No. 45, Section X, Subparagraph B, the undersigned attests that 3 all parties have concurred in the filing of this Stipulation and [Proposed] Order Setting Date For 4 Filing Plaintiff’s Motion For Approval Of Class Action Settlement. 5 Dated: December 13, 2011 EDELSON MCGUIRE, LLC 6 7 s/ William C. Gray William C. Gray (Pro Hac Vice). 8 9 Attorneys for Plaintiff William Farrell 10 734171/SD 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N.D. CAL. CASE NO. C 11-01785-SI 4. STIP. AND [PROPOSED] ORDER SETTING DATE FOR FILING OF PLAINTIFF’ S MOT. FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT

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