Hines et al v. OpenFeint, Inc. et al

Filing 26

STIPULATION AND ORDER RE BRIEFING SCHEDULE OF MOTION TO DISMISS AMENDED COMPLAINT re 24 Stipulation filed by GREE International, Inc., OpenFeint, Inc.. Signed by Judge Edward M. Chen on 8/31/11. (bpf, COURT STAFF) (Filed on 8/31/2011)

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GIBSON, DUNN & CRUTCHER LLP
GAIL E. LEES, SBN 90363
[e-mail]
S. ASHLIE BERINGER, SBN 263977
[e-mail]
JOSHUA A. JESSEN, SBN 222831
[e-mail]
DANIEL Y. LI, SBN 268894
[e-mail]
1881 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
OPENFEINT, INC. and
GREE INTERNATIONAL, INC.

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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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MATTHEW HINES, JENNIFER AGUIRRE,
ALEXANDER HERNANDEZ, Individuals, on
Behalf of Themselves and Others Similarly
Situated,
Plaintiffs,

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v.

CASE NO. 3:11-cv-03084 EMC
STIPULATION AND PROPOSED ORDER
TO SET DEADLINE FOR FILING OF
AMENDED COMPLAINT AND BRIEFING
SCHEDULE AND HEARING FOR
PROSPECTIVE MOTION TO DISMISS
Jury Trial Demanded

OPENFEINT, INC., a Delaware Corporation,
GREE INTERNATIONAL, INC., a California
Corporation;
Defendants.

Date Action Filed: June 22, 2011
Trial Date: Not Set

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WHEREAS, on June 22, 2011, Plaintiffs Matthew Hines, Jennifer Aguirre, and Alexander
Hernandez (“Plaintiffs”) filed their Class Action Complaint in this matter;

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WHEREAS, Defendants OpenFeint, Inc. (“OpenFeint”) and GREE International, Inc.

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(“GREE”) (collectively, “Defendants”) and Plaintiffs subsequently stipulated, pursuant to Civil Local

Gibson, Dunn &
Crutcher LLP

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Stipulation to Set Deadlines – Case No. 3:11-cv-03084 EMC

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Rule 6-1, and this Court ordered, that Defendants’ time to answer or otherwise response to the Class

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Action Complaint was extended to August 31, 2011 (Docket No. 12);

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WHEREAS, Plaintiffs intend to file an amended complaint pursuant to Fed. R. Civ. P.
15(a)(1) on or before September 6, 2011;

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WHEREAS, the parties wish to set a schedule for the filing of the amended complaint,

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Defendants’ time to answer or otherwise respond to the amended complaint, and a briefing schedule

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in the event Defendants move to dismiss the amended complaint;

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NOW, THEREFORE, the parties hereby stipulate and request entry of an order as follows:

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1.

Plaintiffs shall file their amended complaint on or before September 6, 2011;

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2.

Defendants shall move to dismiss or otherwise respond to or answer the amended

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complaint no later than October 11, 2011;
3.

Plaintiffs shall oppose Defendants’ motion to dismiss, if any, no later than

November 15, 2011;
4.

Defendants shall reply to Plaintiffs’ opposition to the motion to dismiss no later than

December 6, 2011; and
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The Court shall conduct a hearing on Defendants’ motion to dismiss on Friday,

January 13, 2012, at 1:30 p.m.

January 20, 2012 at 1:30 p.m.

The above-referenced deadlines will not alter the date of any event or deadline already fixed
by Court order.
Respectfully submitted,

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DATED: August 29, 2011

GIBSON, DUNN & CRUTCHER LLP

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By:

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Attorneys for Defendants
OPENFEINT, INC. and
GREE INTERNATIONAL, INC.

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[Signatures continued on page 3.]

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Gibson, Dunn &
Crutcher LLP

/s/ S. Ashlie Beringer
S. Ashlie Beringer

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Stipulation to Set Deadlines – Case No. 3:11-cv-03084 EMC

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DATED: August 29, 2011

MILBERG LLP

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By:

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/s/ Peter E. Seidman
Peter E. Seidman

Attorneys for Plaintiffs
MATTHEW HINES, ET AL.

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ATTORNEY ATTESTATION
Pursuant to General Order 45, I, S. Ashlie Beringer, hereby attest that concurrence in the
filing of this document has been obtained from Peter E. Seidman.
DATED: August 29, 2011

/s/ S. Ashlie Beringer
S. Ashlie Beringer

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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S
Hon. Edward M. Chen
U.S. District Court Judge

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Gibson, Dunn &
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Stipulation to Set Deadlines – Case No. 3:11-cv-03084 EMC

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DECLARATION OF SERVICE

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I, Lorraine Nishiguchi, declare as follows:

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I am employed in the County of Santa Clara, State of California; I am over the age of 18 years

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and am not a party to this action; my business address is 1881 Page Mill Road, Palo Alto, California

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94304, in said County and State. On August 29, 2011, I served the within:

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STIPULATION AND PROPOSED ORDER TO SET DEADLINE FOR FILING OF
AMENDED COMPLAINT AND BRIEFING SCHEDULE AND HEARING FOR
PROSPECTIVE MOTION TO DISMISS

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to all named counsel of record as follows:



BY ECF (ELECTRONIC CASE FILING): I e-filed the above-detailed documents
utilizing the United States District Court, Northern District of California’s mandated ECF
(Electronic Case Filing) service. Counsel of record are required by the Court to be registered efilers, and as such are automatically e-served with a copy of the documents upon confirmation of
e-filing.

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I certify under penalty of perjury that the foregoing is true and correct, that the foregoing

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document(s) were printed on recycled paper, and that this Declaration of Service was executed by the

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undersigned on August 29, 2011, at Palo Alto, California.

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/s/ Lorraine Nishiguchi
LORRAINE NISHIGUCHI

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Gibson, Dunn &
Crutcher LLP

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Stipulation to Set Deadlines – Case No. 3:11-cv-03084 EMC