Hines et al v. OpenFeint, Inc. et al

Filing 29

STIPULATION AND ORDER EXTENDING TIME TO FILE MOTION TO DISMISS re 28 Stipulation filed by OpenFeint, Inc.. Signed by Judge Edward M. Chen on 9/27/11. (bpf, COURT STAFF) (Filed on 9/27/2011)

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1 2 3 4 5 6 7 8 9 GIBSON, DUNN & CRUTCHER LLP GAIL E. LEES, SBN 90363 GLees@gibsondunn.com S. ASHLIE BERINGER, SBN 263977 ABeringer@gibsondunn.com JOSHUA A. JESSEN, SBN 222831 JJessen@gibsondunn.com DANIEL Y. LI, SBN 268894 DLi@gibsondunn.com 1881 Page Mill Road Palo Alto, California 94304 Telephone: (650) 849-5300 Facsimile: (650) 849-5333 Attorneys for Defendant OPENFEINT, INC. 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 15 16 MATTHEW HINES, JENNIFER AGUIRRE, ALEXANDER HERNANDEZ, Individuals, on Behalf of Themselves and Others Similarly Situated, Plaintiffs, 17 18 19 20 21 22 CASE NO. 3:11-cv-03084 EMC STIPULATION AND PROPOSED ORDER TO EXTEND BRIEFING SCHEDULE FOR DEFENDANT OPENFEINT’S PROSPECTIVE MOTION TO DISMISS v. OPENFEINT, INC., a Delaware Corporation, GREE INTERNATIONAL, INC., a California Corporation; Date Action Filed: June 22, 2011 Trial Date: Not Set Defendants. 23 24 WHEREAS, on September 6, 2011, Plaintiffs Matthew Hines and Alexander Hernandez 25 (“Plaintiffs”) filed an Amended Class Action Complaint (“Complaint”) against Defendant OpenFeint, 26 Inc. (“OpenFeint”) in this matter; 27 WHEREAS, pursuant to stipulation and court order, OpenFeint currently has until 28 October 11, 2011 to move to dismiss the Complaint, Plaintiffs have until November 15, 2011 to Gibson, Dunn & Crutcher LLP 1 Stipulation to Extend Briefing Schedule – Case No. 3:11-cv-03084 EMC 1 oppose OpenFeint’s motion, OpenFeint has until December 6, 2011 to file a reply in support of its 2 motion, and OpenFeint’s motion is scheduled for hearing on January 20, 2012 (Docket No. 26); 3 WHEREAS, due to various scheduling issues, OpenFeint’s counsel has requested, and 4 Plaintiffs’ counsel has agreed, to extend the briefing schedule by a short period of time but to 5 maintain the current hearing date, subject to the Court’s approval and availability; 6 NOW, THEREFORE, the parties hereby stipulate and request entry of an order as follows: 7 1. 8 October 21, 2011; 9 2. Plaintiffs shall oppose OpenFeint’s motion to dismiss no later than December 2, 2011; 10 3. OpenFeint shall reply to Plaintiffs’ opposition to the motion to dismiss no later than 11 12 13 14 OpenFeint shall move to dismiss or otherwise respond to the Complaint no later than January 6, 2011; and 4. The hearing date for OpenFeint’s motion to dismiss shall remain as Friday, January 20, 2012, at 1:30 p.m. Other than as set forth above, the above-referenced deadlines will not alter the date of any 15 event or deadline already fixed by Court order. The parties previously stipulated to extend 16 OpenFeint’s time to respond to the initial complaint (see Docket No. 12), and, as noted above, the 17 parties stipulated, and this Court ordered, the existing briefing schedule with respect to the amended 18 Complaint. See Docket No. 26 Respectfully submitted, 19 20 DATED: September 26, 2011 GIBSON, DUNN & CRUTCHER LLP 21 By: 22 23 Attorneys for Defendant OPENFEINT, INC. 24 25 [Signatures continued on page 3.] 26 27 28 Gibson, Dunn & Crutcher LLP /s/ S. Ashlie Beringer S. Ashlie Beringer 2 Stipulation to Extend Briefing Schedule – Case No. 3:11-cv-03084 EMC 1 DATED: September 26, 2011 MILBERG LLP 2 By: 3 4 /s/ Peter E. Seidman Peter E. Seidman Attorneys for Plaintiffs MATTHEW HINES and ALEXANDER HERNANDEZ 5 6 7 ATTORNEY ATTESTATION 8 9 Pursuant to General Order 45, I, S. Ashlie Beringer, hereby attest that concurrence in the 10 filing of this document has been obtained from Peter E. Seidman. 11 DATED: September 26, 2011 /s/ S. Ashlie Beringer S. Ashlie Beringer 12 13 14 PURSUANT TO STIPULATION, IT IS SO ORDERED. S Hon. Edward M. Chen U.S. District Court Judge UNIT ED 18 19 OO IT IS S 24 LI ER H 23 RT 22 n M. Che A 21 dward Judge E NO 101155408.1 D RDERE 20 RT U O 17 S DISTRICT TE C TA R NIA 16 FO 15 N F D IS T IC T O R C 25 26 27 28 Gibson, Dunn & Crutcher LLP 3 Stipulation to Extend Briefing Schedule – Case No. 3:11-cv-03084 EMC 1 DECLARATION OF SERVICE 2 I, Lorraine Nishiguchi, declare as follows: 3 I am employed in the County of Santa Clara, State of California; I am over the age of 18 years 4 and am not a party to this action; my business address is 1881 Page Mill Road, Palo Alto, California 5 94304, in said County and State. On September 26, 2011, I served the within: 6 STIPULATION AND PROPOSED ORDER TO EXTEND BRIEFING SCHEDULE FOR DEFENDANT OPENFEINT’S PROSPECTIVE MOTION TO DISMISS 7 8 9 10 11 12 13 14 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. I certify under penalty of perjury that the foregoing is true and correct, that the foregoing document(s) were printed on recycled paper, and that this Declaration of Service was executed by the undersigned on September 26, 2011, at Palo Alto, California. 15 16 /s/ Lorraine Nishiguchi LORRAINE NISHIGUCHI 17 18 19 20 21 22 23 24 25 26 27 28 Gibson, Dunn & Crutcher LLP 4 Stipulation to Extend Briefing Schedule – Case No. 3:11-cv-03084 EMC

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