Garcia v. Sony Computer Entertainment America LLC

Filing 38

STIPULATION AND ORDER FOR REQUEST FOR EXTENSION OF TIME TO FILE SECOND AMENDED CLASS ACTION COMPLAINT AND TO SET BRIEFING SCHEDULE AND HEARING DATE ON DEFENDANT'S MOTION TO DISMISS. Signed by Judge Richard Seeborg on 10/6/11. (cl, COURT STAFF) (Filed on 10/6/2011)

*E-Filed 10/6/11*
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BLOOD HURST & O’REARDON, LLP

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BLOOD HURST & O’REARDON, LLP
TIMOTHY G. BLOOD (149343)
THOMAS J. O’REARDON II (247952)
PAULA M. ROACH (254142)
600 B Street, Suite 1550
San Diego, CA 92101
Telephone: [phone]
619/338-1101 (fax)
[e-mail]
[e-mail]
[e-mail]
CASEY GERRY SCHENK FRANCAVILLA
BLATT & PENFIELD, LLP
DAVID S. CASEY, JR. (60768)
FREDERICK SCHENK (86392)
GAYLE BLATT (122048)
110 Laurel Street
San Diego, CA 92101
Telephone: [phone]
619/544-9232 (fax)
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff
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[Additional counsel appear on signature page.]
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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.
SONY COMPUTER ENTERTAINMENT
AMERICA, LLC,

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Case No.: 3:11-cv-02246-RS
CLASS ACTION
STIPULATION AND [PROPOSED] ORDER
FOR REQUEST FOR EXTENSION OF TIME
TO FILE SECOND AMENDED CLASS
ACTION COMPLAINT AND TO SET
BRIEFING SCHEDULE AND HEARING
DATE ON DEFENDANT’S MOTION TO
DISMISS

Defendant.
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Judge: Richard Seeborg
Courtroom: 3, 17th Floor
Date Filed: May 6, 2011
Trial Date: TBD

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Case No. 3:11-cv-0 2246-RS

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Pursuant to Civil Local Rules 6-1 and 6-2 of the Northern District of California, it is

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hereby stipulated and agreed by plaintiff Henry Garcia and defendant Sony Computer

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Entertainment America LLC (“SCEA”), by and through their counsel of record, as follows:

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WHEREAS, on September 19, 2011, this Court entered its Order Granting Motion to

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Dismiss with Leave to Amend and Granting in Part and Denying in Part Motion to Stay

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Discovery (collectively referenced herein as the “Order”);

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BLOOD HURST & O’REARDON, LLP

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WHEREAS, in the Order, this Court ordered Mr. Garcia to file any amended complaint
within 20 days of the date of the Order;
WHEREAS, since September 19, Mr. Garcia’s counsel have been diligently working to
prepare the amended complaint, including meeting with consultants;
WHEREAS, during this time one of Mr. Garcia’s lead counsel, Gayle Blatt, has been

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in a previously scheduled trial and unable to devote the necessary time to amending the

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complaint;

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WHEREAS, Mr. Garcia’s counsel otherwise needs additional time to complete
gathering information to address issues raised in the Order;

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WHEREAS, pursuant to Mr. Garcia’s counsel’s request, counsel for the parties have

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met and conferred and agree to the following schedule for filing an amended complaint and

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briefing and hearing SCEA’s pleading challenge to the amended complaint:

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October 17, 2011 – Last day for Mr. Garcia to file his Second Amended Complaint.

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November 14, 2011 – Last day for SCEA to file its pleading challenge to the Second

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Amended Complaint.
December 6, 2011 – Last day for Mr. Garcia to file his opposition to SCEA’s pleading
challenge.
December 19, 2011 – Last day for SCEA to file a reply brief in support of its pleading
challenge.
January 12, 2011, 1:30 P.M. – Hearing regarding SCEA’s pleading challenge to the
Second Amended Complaint.

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00037266

Case No. 3:11-cv-02246- RS
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STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO FILE AMENDED CMPLT

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WHEREAS, no other dates have been set by the Court, and this is the first request for
an extension to file the amended complaint.

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Dated: October 5, 2011

BLOOD HURST & O’REARDON, LLP
TIMOTHY G. BLOOD (149343)
THOMAS J. O’REARDON II (247952)
PAULA M. ROACH (254142)

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By:

s/ Timothy G. Blood
TIMOTHY G. BLOOD

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BLOOD HURST & O’REARDON, LLP

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600 B Street, Suite 1550
San Diego, CA 92101
Telephone: [phone]
619/338-1101 (fax)
[e-mail]
[e-mail]
[e-mail]

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CASEY GERRY SCHENK FRANCAVILLA
BLATT & PENFIELD, LLP
DAVID S. CASEY, JR. (60768)
FREDERICK SCHENK (86392)
GAYLE BLATT (122048)
110 Laurel Street
San Diego, CA 92101
Telephone: [phone]
619/544-9232 (fax)
[e-mail]
[e-mail]
[e-mail]

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DAVID LIZERBRAM & ASSOCIATES
DAVID LIZERBRAM (222007)
2247 San Diego Avenue, Suite 235
San Diego, CA 92110
Telephone: [phone]
619/393-0498 (fax)
[e-mail]

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Attorneys for Plaintiff

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00037266

Case No. 3:11-cv-02246- RS
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STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO FILE AMENDED CMPLT

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Dated: October 5, 2011

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DLA PIPER LLP (US)
LUANNE SACKS (120811)
CARTER W. OTT (221660)

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By:

s/ Carter W. Ott
CARTER W. OTT

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555 Mission Street, Suite 2400
San Francisco, CA 94105
Telephone: [phone]
415/836-2501 (fax)
[e-mail]
[e-mail]

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Attorneys for Defendant

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BLOOD HURST & O’REARDON, LLP

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ECF CERTIFICATION

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The filing attorney attests that he has obtained concurrence regarding the filing of this

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document from the signatories to this document.

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DATED: October 5, 2011

BLOOD HURST & O’REARDON, LLP

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By:
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s/ Timothy G. Blood
TIMOTHY G. BLOOD

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00037266

Case No. 3:11-cv-02246- RS
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STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO FILE AMENDED CMPLT

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED:
Plaintiff’s Second Amended Complaint shall be filed and Defendant’s pleading

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challenge to that amended complaint shall be briefed and heard according to the following

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schedule:

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October 17, 2011 – Last day for Plaintiff to file his Second Amended Complaint.

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November 14, 2011 – Last day for Defendant to file its pleading challenge to Plaintiff’s

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BLOOD HURST & O’REARDON, LLP

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Second Amended Complaint.
December 6, 2011 – Last day for Plaintiff to file his opposition to Defendant’s pleading
challenge.
December 19, 2011 – Last day for Defendant to file a reply brief in support of its
pleading challenge.
January 12, 2011, 1:30 P.M. – Hearing regarding Defendant’s pleading challenge to

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Plaintiff’s Second Amended Complaint.

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IT IS SO ORDERED.

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10/6/11
DATED: ___________________

By: ______________________________
HONORABLE RICHARD SEEBORG
United States District Judge

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00037266

Case No. 3:11-cv-02246- RS
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STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO FILE AMENDED CMPLT