E.K.D. et al v. Facebook, Inc.

Filing 158

STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE FOR DEFENDANT FACEBOOK, INC.'S MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT. Signed by Judge Richard Seeborg on 10/22/13. (cl, COURT STAFF) (Filed on 10/22/2013)

1
2
3
4
5
6
7

KOREIN TILLERY, LLC
STEVEN A. KATZ
([e-mail])
AARON M. ZIGLER
([e-mail])
One U.S. Bank Plaza
505 N. 7th Street, Suite 3600
St. Louis, MO 63101-1625
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiffs

Attorneys for Defendant
Facebook, Inc.

8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN FRANCISCO DIVISION

11
12

COOLEY LLP
MICHAEL G. RHODES (116127)
([e-mail])
MATTHEW D. BROWN (196972)
([e-mail])
JEFFREY M. GUTKIN (216083)
([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]

16

C.M.D., by his next friend Jennifer E.
DeYong, T.A.B. by her next friend Patricia A.
Isaak, H.E.W. & B.A.W., by their next friend
Jami A. Lemons, and A.D.Y. & R.P.Y., by
their next friend Robert L. Young, Jr., and
R.R.C., by her next friend Robyn S.
Courtway, individually and on behalf of all
others similarly situated,

17

Plaintiffs,

13
14
15

18
19
20

v.

Case No. 12-CV-01216-RS
STIPULATION AND [PROPOSED] ORDER
REGARDING BRIEFING SCHEDULE FOR
DEFENDANT FACEBOOK, INC.’S MOTION
TO DISMISS PLAINTIFFS’ SECOND
AMENDED COMPLAINT
Courtroom:
Judge:
Trial Date:

3 – 17th Floor
Hon. Richard Seeborg
None Set

FACEBOOK, INC.,
Defendant.

21
22
23
24
25
26
27
28
COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIP. & [PROPOSED] ORDER
RE: BRIEFING SCHEDULE
CASE NO. 12-CV-01216-RS

1

Pursuant to Civil Local Rule 6-2, Plaintiffs and Defendant Facebook, Inc. (collectively,

2

the “Parties”), by and through their undersigned counsel, respectfully stipulate and agree, subject

3

to Court approval, to modify the response deadline and briefing schedule for Facebook’s

4

anticipated Motion to Dismiss the Second Amended Complaint, extending each deadline by no

5

more than one week. In support of this Stipulation, the Parties state as follows:

6

1. On September 30, 2013, the Court issued an Order Lifting Stay and Denying

7

Motion to Dismiss Without Prejudice as Moot. The Court’s Order called for Plaintiffs to file an

8

amended complaint within two weeks of the date of the order.
2. Plaintiffs filed their Second Amended Complaint on October 15, 2013.

9
10

3. Pursuant to the Federal Rules of Civil Procedure and Civil Local Rules, currently

11

Facebook’s response to the Second Amended Complaint, including any motion to dismiss, is due

12

on or before November 1, 2013; Plaintiffs’ Opposition to Facebook’s motion to dismiss is due on

13

or before November 15, 2013; and Facebook’s reply in support of its motion to dismiss is due on

14

or before November 22, 2013.
4. The Parties agree that a modest extension of these deadlines would be reasonable,

15
16

and can be accomplished without affecting any hearing date, or any other deadline, in the case.
5. The requested change to the briefing schedule is sought in good faith and not for

17
18
19
20
21
22
23
24
25
26

purposes of delay.
Now therefore, the Parties hereby stipulate and agree as follows, subject to Court
approval:
1. Facebook’s response to the Second Amended Complaint, including any motion to
dismiss, will be due on or before Tuesday, November 5, 2013.
2. Plaintiffs’ opposition to Facebook’s motion to dismiss the Second Amended
Complaint will be due on or before Tuesday, November 26, 2013.
3. Facebook’s reply in support of its motion to dismiss the Second Amended
Complaint will be due on or before Tuesday, December 10, 2013.

27
28
COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

2.

STIP. & [PROPOSED] ORDER
RE: BRIEFING SCHEDULE
CASE NO. 12-CV-01216-RS

1

Dated: October 22, 2013

2

/s/ Matthew D. Brown
Matthew D. Brown

3

Attorneys for Defendant Facebook, Inc.

4
5
6

COOLEY LLP

Dated: October 22, 2013

KOREIN TILLERY

7

/s/ Aaron M. Zigler
Aaron M. Zigler

8

Attorneys for Plaintiffs

9
10
11

[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

12
13
14

Dated: October ____, 2013
22

________________________________
HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

3.

STIP. & [PROPOSED] ORDER
RE: BRIEFING SCHEDULE
CASE NO. 12-CV-01216-RS