Farrell v. OpenTable, Inc.

Filing 34

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

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EDELSON MCGUIRE LLC
WILLIAM C. GRAY (Pro Hac Vice) ([e-mail])
350 North La Salle Street, Suite 1300
Chicago, IL 60654
Telephone:
[phone]

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SEAN REIS (184044) ([e-mail])
30021 Tomas Street, Ste. 300
Rancho Santa Margarita, CA 92688
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff

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WILLIAM FARRELL

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COOLEY LLP
MICHAEL G. RHODES (116127) ([e-mail])
KYLE C. WONG (224021) ([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]
MICHELLE C. DOOLIN (179445) ([e-mail])
DARCIE A. TILLY (239715) ([e-mail])
4401 Eastgate Mall
San Diego, CA 92121
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
OPENTABLE, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM FARRELL, on his own behalf and

on behalf of all other similarly situated,
Plaintiff,

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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.

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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

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WHEREAS, on April 12, 2011, plaintiff William Farrell (“Plaintiff”) filed a putative class

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action lawsuit against defendant OpenTable, Inc. (“OpenTable”);

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WHEREAS, Plaintiff and OpenTable (collectively, the “Parties”) reached a settlement of

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this Class Action, the terms of which were memorialized in an agreement “(Agreement”) between

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the Parties (Dkt. 26-1 – 26-5);
WHEREAS, this Court granted Preliminary Approval of Class Action Settlement and

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Class Certification on September 27, 2011 (Dkt. 29);

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WHEREAS, the Agreement specifies that Plaintiff shall submit his papers in support of

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final approval “according to the briefing schedule set forth in Local Rules 7-2 and 7-3[,]” namely

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35 calendar days before the final approval hearing date;
WHEREAS, this Court set the hearing for final approval of the Agreement on January 20,

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2012;

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WHEREAS, Plaintiff requested that OpenTable stipulate to continue the deadline for the

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filing of Plaintiff’s papers in support of final approval to January 6, 2012 so that Plaintiff can

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address the recently filed objection to the Agreement in the same brief as his motion for final

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approval and in light of the upcoming winter holidays; and

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WHEREAS, OpenTable is amenable to granting Plaintiff an extension until January 6,

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2012 to file his papers in support of final approval, so long as OpenTable’s deadline to file any

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statement regarding (non-opposition to) the Agreement is also extended until January 6, 2012.

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N.D. CAL. CASE NO. C 11-01785-SI

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STIP. AND [PROPOSED] ORDER SETTING DATE
FOR FILING OF PLAINTIFF’ S MOT. FOR FINAL
APPROVAL OF CLASS ACTION SETTLEMENT

STIPULATION

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NOW THEREFORE, it is stipulated and agreed to between the Parties that they shall

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jointly request the Court to continue the deadline for Plaintiff to file his papers in support of final

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approval to January 6, 2012. The Parties further stipulate and agree to request the Court to

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continue the deadline for OpenTable to file any statement regarding (non-opposition to) the

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Agreement until January 6, 2012.

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Dated: December 13, 2011

EDELSON MCGUIRE LLC

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s/ William C. Gray
WILLIAM C. GRAY (Pro Hac Vice)

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Attorneys for Plaintiff
WILLIAM FARRELL

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Dated: December 13, 2011

COOLEY LLP

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s/ Michelle C. Doolin
Michelle C. Doolin (179445)

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Attorneys for Defendant
OPENTABLE, INC.

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[PROPOSED] ORDER

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Plaintiff shall file his Motion for Final Approval of Class Action Settlement on

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1/6/12
___________. Any statement regarding (non-opposition to) the Agreement that OpenTable may

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wish to file is also due on ___________.
1/6/12

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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12/16/11
THE HONORABLE SUSAN ILLSTON
U.S. DISTRICT COURT JUDGE

DATED

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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

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Pursuant to General Order No. 45, Section X, Subparagraph B, the undersigned attests that

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all parties have concurred in the filing of this Stipulation and [Proposed] Order Setting Date For

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Filing Plaintiff’s Motion For Approval Of Class Action Settlement.

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Dated: December 13, 2011

EDELSON MCGUIRE, LLC

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s/ William C. Gray
William C. Gray (Pro Hac Vice).

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Attorneys for Plaintiff
William Farrell

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734171/SD

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N.D. CAL. CASE NO. C 11-01785-SI

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STIP. AND [PROPOSED] ORDER SETTING DATE
FOR FILING OF PLAINTIFF’ S MOT. FOR FINAL
APPROVAL OF CLASS ACTION SETTLEMENT