Garcia v. Sony Computer Entertainment America LLC

Filing 13

STIPULATION AND ORDER RE: 12 CONTINUING DEADLINE TO RESPOND TO COMPLAINT AND SCHEDULING BRIEFING AND HEARING FOR MOTION TO DISMISS AND MOTION TO STAY DISCOVERY. Case Management Conference set for 8/25/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 6/1/11. (cl, COURT STAFF) (Filed on 6/1/2011)

*E-Filed 6/1/11*
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LUANNE SACKS, Bar No. 120811
[e-mail]
CARTER W. OTT, Bar No. 221660
[e-mail]
DLA PIPER LLP (US)
555 Mission Street, Suite 2400
San Francisco, CA 94105
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
SONY COMPUTER ENTERTAINMENT AMERICA LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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HENRY GARCIA, On Behalf of Himself,
All Others Similarly Situated and the
General Public,
Plaintiff,

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v.

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SONY COMPUTER
ENTERTAINMENT AMERICA LLC,

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CASE NO. CV-11-2246 RS
STIPULATION AND [PROPOSED]
ORDER CONTINUING DEADLINE TO
RESPOND TO COMPLAINT AND
SCHEDULING BRIEFING AND HEARING
FOR MOTION TO DISMISS AND
MOTION TO STAY DISCOVERY

Defendant.

Judge: Hon. Richard Seeborg
Dept: Courtroom 3

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DLA P IPER LLP (US)

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STIPULATION AND [PROPOSED] ORDER
CASE NO. CV-11-2246 RS

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Counsel for defendant Sony Computer Entertainment America LLC (“SCEA”) and

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plaintiff Henry Garcia have conferred regarding SCEA’s intention to file a motion to dismiss and

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motion to stay discovery in response to the Complaint. Based in part on SCEA’s counsel’s

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absence due to vacation plans, Mr. Garcia’s counsel have agreed to extend SCEA’s deadline to

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respond to the Complaint, which is otherwise May 31, 2011. To increase efficiencies, the parties

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have also agreed to request that the Court consolidate the hearing regarding SCEA’s motions to

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dismiss and stay discovery with the Case Management Conference scheduled on August 25,

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2011.

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Further, the parties have agreed to hold a Fed. R. Civ. P. 26 conference on June 29, 2011.

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Based on the foregoing and pursuant to Local Rule 6-1 of the Northern District of

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California, the parties, by and through their attorneys of record, hereby stipulate and agree to

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extend SCEA’s deadline to respond to the Complaint and schedule the briefing and hearing of

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SCEA’s motions to dismiss and stay discovery as follows:

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1.
discovery.

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2.

July 28, 2011 – Plaintiff’s last day to file his opposition to SCEA’s motion to

dismiss and motion to stay discovery.

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July 7, 2011 – SCEA’s last day to file its motion to dismiss and motion to stay

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August 11, 2011 – SCEA’s last day to file reply briefs in support of its motion to

dismiss and motion to stay discovery

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August 25, 2011, 1:30 P.M. – Hearing regarding SCEA’s motion to dismiss and

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motion to stay discovery. The Case Management Conference scheduled on August 25, 2011 at

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10:00 A.M. will be continued to August 25, 2011 at 1:30 P.M., to take place with the hearing.

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DLA P IPER LLP ( US )

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STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:10-CV-01811 RS (EMC)

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The parties have not previously requested a modification of these dates or deadlines.
Dated: May 31, 2011
BLOOD HURST & O’REARDON, LLP

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CASEY GERRY SCHENK FRANCAVILLA
BLATT & PENFIELD, LLP

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DAVID LIZERBRAM & ASSOCIATES

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By: /s/ Timothy Blood
Timothy G. Blood
Counsel for Plaintiff Henry Garcia

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Dated: May 31, 2011
DLA PIPER LLP (US)

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By: /s/ Carter Ott
LUANNE SACKS
CARTER OTT
Counsel for Defendant Sony Computer
Entertainment America LLC

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I, Carter Ott, am the ECF user whose identification and password are being used to file the

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foregoing Stipulation And [Proposed] Order Continuing Deadline To Respond To Complaint And

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Scheduling Briefing And Hearing For Motion To Dismiss And Motion To Stay Discovery. I

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hereby attest that the above-referenced signatory to this stipulation has concurred in this filing.

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED:

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1.
July 7, 2011.

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SCEA shall file its motion to dismiss and motion to stay discovery on or before

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Plaintiff shall file his opposition to SCEA’s motion to dismiss and motion to stay

discovery on or before July 28, 2011.

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SCEA shall file any reply briefs in support of its motion to dismiss and motion to

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stay discovery on or before August 11, 2011.

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DLA P IPER LLP ( US )

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STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:10-CV-01811 RS (EMC)

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4.

The hearing regarding SCEA’s motion to dismiss and motion to stay discovery

shall be on August 25, 2011, at 1:30 P.M.
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The Case Management Conference scheduled on August 25, 2011 at 10:00 A.M. is

continued to August 25, 2011 at 1:30 P.M.

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6/1
Dated: _________________, 2011
By:

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Honorable Richard Seeborg
United States District Court Judge

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DLA P IPER LLP ( US )

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STIPULATION AND [PROPOSED] ORDER
CASE NO. 3:10-CV-01811 RS (EMC)