Stewart v. Gogo, Inc.

Filing 13

STIPULATION AND ORDER re 11 re 1 Complaint Stipulation and [Proposed] Order Regarding Defendant Gogo Inc.'s Time to Respond to Complaint; Briefing Schedule Re Defendant Gogo Inc.'s Motion to Dismiss filed by Gogo, Inc., Set/Reset Deadlines as to 11 STIPULATION WITH PROPOSED ORDER re 1 Complaint Stipulation and [Proposed] Order Regarding Defendant Gogo Inc.'s Time to Respond to Complaint; Briefing Schedule Re Defendant Gogo Inc.'s Motion to Dis miss. Responses due by 1/11/2013. Replies due by 2/1/2013. Motion Hearing set for 2/21/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 11/13/12. (bpf, COURT STAFF) (Filed on 11/13/2012)

1 James Donato (SBN 146140)
Mikael A. Abye (SBN 233458)
2 SHEARMAN & STERLING LLP
Four Embarcadero Center, Suite 3800
3 San Francisco, CA 94111-5994
Telephone:
[phone]
[phone]
4 Facsimile:
Email: [e-mail]
[e-mail]
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6 Attorneys for Defendant
GOGO 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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12 JAMES STEWART, On Behalf of Himself and
All Others Similarly Situated,
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Plaintiff,
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v.
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GOGO INC.,
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Defendant.
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Case No. 12-cv-05164-EMC
STIPULATION AND [PROPOSED]
ORDER REGARDING DEFENDANT
GOGO INC.’S TIME TO RESPOND TO
COMPLAINT; BRIEFING SCHEDULE
RE DEFENDANT GOGO INC’S
MOTION TO DISMISS
Courtroom:
5
Judge:
Hon. Edward M. Chen
[Proposed]
Hearing Date: February 21, 2013
Time:
1:30 p.m.

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SFDOCS01/304256.2

STIP AND [PROPOSED] ORDER RE
DEF.’S TIME TO RESPOND TO COMPLAINT

CASE NO. 12-CV-05164-EMC
303556

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Pursuant to Civil Local Rule 6-1, plaintiff James Stewart (“Stewart”) and defendant Gogo

2 Inc. (“Gogo”), by and through their counsel, jointly submit this Stipulation and [Proposed] Order
3 Regarding Defendant Gogo Inc.’s Time to Respond to Complaint and Briefing Schedule Re
4 Defendant Gogo Inc’s Motion to Dismiss.
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WHEREAS, on October 31, 2012, Stewart served Gogo with a putative class action

6 complaint alleging violations of Federal and California antitrust and competition laws; and
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WHEREAS, counsel for Gogo has advised counsel for Stewart that Gogo intends to file a

8 motion to dismiss the complaint; and
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WHEREAS, the Parties, through their counsel, have conferred and agreed to a hearing date

10 and briefing schedule on Gogo’s motion to dismiss;
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THEREFORE, SUBJECT TO THE COURT’S APPROVAL, IT IS STIPULATED AND

12 AGREED AS FOLLOWS:
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1.

Gogo shall file a motion to dismiss the complaint on or before December 10, 2012;

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2.

Stewart shall file an opposition brief on or before January 11, 2013;

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3.

Gogo shall file a reply brief on or before February 1, 2012; and

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4.

The motion shall be heard on February 21, 2013 at 1:30.

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18 DATED: November 12, 2012

SHEARMAN & STERLING LLP

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By:

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Attorneys for Defendant
GOGO INC.

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/s/ James Donato
James Donato

DATED: November 12, 2012

THE MEHDI FIRM

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By:

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/s/ Azra Mehdi
Azra Mehdi

Attorneys for Plaintiff
JAMES STEWART

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STIP AND [PROPOSED] ORDER RE
DEF.’S TIME TO RESPOND TO COMPLAINT

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CASE NO. 12-CV-05164-EMC
303556

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

UNIT
ED

11/13/12

dwar
Judge E

ERED

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en
d M. Ch

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A

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R NIA

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The Honorable Edward M. Chen
United States District Judge

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LI

5 Dated:

ORD
T IS SO

NO

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S DISTRICT
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TA

RT
U
O

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FO

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D IS T IC T O
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STIP AND [PROPOSED] ORDER RE
DEF.’S TIME TO RESPOND TO COMPLAINT

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CASE NO. 12-CV-05164-EMC
303556

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ATTESTATION PURSUANT TO GENERAL ORDER 45

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I, James Donato, am the ECF User whose ID and password are being used to file this

3 Stipulation. In compliance with General Order 45, X.B., I hereby attest that Azra Mehdi has
4 concurred in this filing.
5 DATED: November 12, 2012

By:

/s/ James Donato
James Donato

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STIP AND [PROPOSED] ORDER RE
DEF.’S TIME TO RESPOND TO COMPLAINT

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CASE NO. 12-CV-05164-EMC
303556