Hines et al v. OpenFeint, Inc. et al
Filing
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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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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.
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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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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.
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WHEREAS, on September 6, 2011, Plaintiffs Matthew Hines and Alexander Hernandez
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(“Plaintiffs”) filed an Amended Class Action Complaint (“Complaint”) against Defendant OpenFeint,
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Inc. (“OpenFeint”) in this matter;
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WHEREAS, pursuant to stipulation and court order, OpenFeint currently has until
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October 11, 2011 to move to dismiss the Complaint, Plaintiffs have until November 15, 2011 to
Gibson, Dunn &
Crutcher LLP
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Stipulation to Extend Briefing Schedule – Case No. 3:11-cv-03084 EMC
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oppose OpenFeint’s motion, OpenFeint has until December 6, 2011 to file a reply in support of its
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motion, and OpenFeint’s motion is scheduled for hearing on January 20, 2012 (Docket No. 26);
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WHEREAS, due to various scheduling issues, OpenFeint’s counsel has requested, and
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Plaintiffs’ counsel has agreed, to extend the briefing schedule by a short period of time but to
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maintain the current hearing date, subject to the Court’s approval and availability;
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NOW, THEREFORE, the parties hereby stipulate and request entry of an order as follows:
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1.
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October 21, 2011;
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2.
Plaintiffs shall oppose OpenFeint’s motion to dismiss no later than December 2, 2011;
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3.
OpenFeint shall reply to Plaintiffs’ opposition to the motion to dismiss no later than
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OpenFeint shall move to dismiss or otherwise respond to the Complaint no later than
January 6, 2011; and
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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
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event or deadline already fixed by Court order. The parties previously stipulated to extend
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OpenFeint’s time to respond to the initial complaint (see Docket No. 12), and, as noted above, the
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parties stipulated, and this Court ordered, the existing briefing schedule with respect to the amended
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Complaint. See Docket No. 26
Respectfully submitted,
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DATED: September 26, 2011
GIBSON, DUNN & CRUTCHER LLP
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By:
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Attorneys for Defendant
OPENFEINT, 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 Extend Briefing Schedule – Case No. 3:11-cv-03084 EMC
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DATED: September 26, 2011
MILBERG LLP
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By:
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/s/ Peter E. Seidman
Peter E. Seidman
Attorneys for Plaintiffs
MATTHEW HINES and
ALEXANDER HERNANDEZ
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ATTORNEY ATTESTATION
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Pursuant to General Order 45, I, S. Ashlie Beringer, hereby attest that concurrence in the
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filing of this document has been obtained from Peter E. Seidman.
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DATED: September 26, 2011
/s/ S. Ashlie Beringer
S. Ashlie Beringer
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
S
Hon. Edward M. Chen
U.S. District Court Judge
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Gibson, Dunn &
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Stipulation to Extend Briefing Schedule – 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 September 26, 2011, I served the within:
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STIPULATION AND PROPOSED ORDER TO EXTEND BRIEFING SCHEDULE
FOR DEFENDANT OPENFEINT’S 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.
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.
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/s/ Lorraine Nishiguchi
LORRAINE NISHIGUCHI
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Gibson, Dunn &
Crutcher LLP
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Stipulation to Extend Briefing Schedule – Case No. 3:11-cv-03084 EMC
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