Custom Led, LLC v. eBay, Inc et al

Filing 94

STIPULATION AND ORDER re 93 STIPULATION WITH PROPOSED ORDER Joint Stipulation to Amend Deadline for Filing of Motion for Final Approval of Class Settlement and [proposed] Order filed by Custom LED, LLC. Signed by Judge Jon S. Tigar on April 15, 2014. (wsn, COURT STAFF) (Filed on 4/15/2014)

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1 2 3 4 5 6 7 8 9 10 11 12 KEITH R. VERGES (kverges@figdav.com) PARKER D. YOUNG (parker.young@figdav.com) RAYMOND E. WALKER (ray.walker@figdav.com) FIGARI & DAVENPORT, L.L.P. 901 Main Street, Suite 3400 Dallas, Texas 75202 Tel: (214) 939-2000 Fax: (214) 939-2090 (Admitted Pro Hac Vice) SHAWN T. LEUTHOLD (leuthold@aol.com) LAW OFFICE OF SHAWN T. LEUTHOLD 1671 The Alameda #303 San Jose, California 95126 Tel: (408) 924-0132 Fax: (408) 924-0134 ATTORNEYS FOR PLAINTIFF CUSTOM LED LLC IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 13 14 15 CUSTOM LED, LLC, Plaintiff, 16 17 v. 18 EBAY INC., 19 20 21 22 23 24 25 26 Defendant. ) ) ) ) ) ) ) ) ) ) CASE NO. 3:12-CV-00350 (JST) JOINT STIPULATION TO AMEND DEADLINE FOR FILING OF MOTION FOR FINAL APPROVAL OF CLASS SETTLEMENT AND [PROPOSED] ORDER Jury Trial Demanded This Stipulation to Amend Scheduling Order is entered into pursuant to Local Rules 6-2 and 7-12, by and between Plaintiff Custom LED, LLC (“Plaintiff”) and Defendant eBay Inc. (“eBay”) (collectively, the “Parties”), by and through the respective undersigned counsel. WHEREAS, on November 20, 2012, the Court set a schedule providing for a motion for final approval of the parties’ settlement agreement with a deadline of 145 days from the date the order was filed, which is on or about April 14, 2014; 27 28 JOINT STIPULATION TO AMEND DEADLINE FOR FILING OF MOTION FOR FINAL APPROVAL AND [PROPOSED] ORDER CASE NO. 3:12-CV-00350 (JST) PAGE 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 WHEREAS, Plaintiff’s counsel has been recently retained in two matters in which the clients have requested temporary restraining orders and preliminary injunction and Plaintiff’s counsel’s firm is moving office space temporarily in order to renovate their current space, all of which has been disruptive to completing the motion for final approval; WHEREAS Plaintiff desires to give eBay an opportunity to review the motion to, among other things, eliminate the need for any significant response and for the preservation of any confidential information; WHEREAS, the hearing on final approval of the parties’ proposed settlement is set for June 18, 2014, which is more than the 35 days set out in Local Rule 7-2(a) in which a motion must be filed in advance of a hearing; WHEREAS, the requested extension time will not delay the hearing on the motion for final approval; WHEREAS, the deadlines the Parties seek to modify have not previously been modified; WHEREAS, counsel have met and conferred and eBay is unopposed to this proposed extension of time; NOW, THEREFORE, the parties agree to and request that the Court enter an order permitting the filing of the motion for final approval on April 22, 2014. 18 19 IT IS SO STIPULATED. 20 21 Dated: April 14, 2014. 22 FIGARI & DAVENPORT, LLP /s/ KEITH R. VERGES Attorneys for Plaintiff 23 24 25 26 27 28 Dated: April 14, 2014. COOLEY LLP /s/ WHITTY SOMVICHIAN (194463) Attorneys for Defendants JOINT STIPULATION TO AMEND DEADLINE FOR FILING OF MOTION FOR FINAL APPROVAL AND [PROPOSED] ORDER CASE NO. 3:12-CV-00350 (JST) PAGE 2 2 1 ORDER 2 final approval on or before April 22, 2014. ER 11 R NIA nS J u d ge J o . Ti ga r H 10 RT 9 NO 8 D DERE ____________________________________ SO OR T IS UNITEDISTATES DISTRICT JUDGE FO 7 April 15, 2014 Dated: _______________ A 6 LI 5 S DISTRICT TE C TA RT U O S 4 PURSUANT TO STIPULATION, IT IS ORDERED that Plaintiff may file the motion for UNIT ED 3 N D IS T IC T R OF C 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION TO AMEND DEADLINE FOR FILING OF MOTION FOR FINAL APPROVAL AND [PROPOSED] ORDER CASE NO. 3:12-CV-00350 (JST) PAGE 3 3

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