Stewart v. Gogo, Inc.

Filing 21

STIPULATION AND ORDER re briefing schedule 19 Regarding Defendant Gogo Inc.'s Time To Respond To First Amended Complaint; Briefing Schedule Re Defendant Gogo Inc.s Motion To Dismiss filed by Gogo, Inc.. Signed by Judge Edward M. Chen on 1/9/13. (bpf, COURT STAFF) (Filed on 1/9/2013)

1 James Donato (SBN 146140)
Mikael A. Abye (BN 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, JOEL MILNE, AND
JOSEPH STRAZZULLO On Behalf of
13 Themselves and All Others Similarly Situated,
Plaintiff,

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v.

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16 GOGO INC.,
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Defendant.

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Case No. 3:12-cv-05164-EMC
STIPULATION AND [PROPOSED]
ORDER REGARDING DEFENDANT
GOGO INC.’S TIME TO RESPOND TO
FIRST AMENDED COMPLAINT;
BRIEFING SCHEDULE RE
DEFENDANT GOGO INC’S MOTION
TO DISMISS
Courtroom:
5
Judge:
Hon. Edward M. Chen
[Proposed]
Hearing Date: March 28, 2013
Time:
1:30 p.m.

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

CASE NO. 3:12-CV-05164-EMC
305092

Pursuant to Civil Local Rule 6-1, plaintiffs James Stewart, Joel Milne, and Joseph

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2 Strazzullo (“Plaintiffs”) and defendant Gogo Inc. (“Gogo,” together with Plaintiffs, the “Parties”),
3 by and through their counsel, jointly submit this Stipulation and [Proposed] Order Regarding
4 Defendant Gogo Inc.’s Time to Respond to the First Amended Complaint and Briefing Schedule
5 Re Defendant Gogo Inc’s Motion to Dismiss.
WHEREAS, on October 31, 2012, plaintiff James Stewart served Gogo with a putative

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7 class action complaint alleging violations of Federal and California antitrust and competition laws;
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WHEREAS, on December 10, 2012, Gogo filed a motion to dismiss the complaint;

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WHEREAS, on December 31, 2012, Plaintiffs filed their First Amended Complaint

10 (“FAC”) in this matter;
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WHEREAS, Gogo intends to move to dismiss the FAC for failure to state a claim;

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WHEREAS, Gogo is required to file its motion to dismiss by January 14, 2013, and

13 Plaintiffs are required to file their opposition thereto within 14 days of Gogo’s filing;
WHEREAS, due to the complexity of the legal issues and deadlines in other matters, the

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15 Parties require additional time to brief, and oppose, Gogo’s motion to dismiss;
WHEREAS, the Parties, through their counsel, have conferred and agreed to a hearing date

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

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19 AGREED AS FOLLOWS:
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1.

Gogo shall file a motion to dismiss the FAC on or before January 30, 2013;

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2.

Plaintiffs shall file an opposition brief on or before February 19, 2013;

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3.

Gogo shall file a reply brief on or before March 6, 2013; and

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

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CASE NO. 3:12-CV-05164-EMC
305092

4.

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The motion shall be heard on March 28, 2013 at 1:30 p.m.

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3 DATED: January 3, 2013

SHEARMAN & STERLING LLP

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/s/ James Donato
James Donato

By:

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Attorneys for Defendant
GOGO INC.

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9 DATED: January 3, 2013

THE MEHDI FIRM

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THE KATRIEL LAW FIRM

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KRAUSE KALFAYAN BENINK &
SLAVENS LLP

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/s/ Azra Mehdi
Azra Mehdi

By:

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Attorneys for Plaintiffs

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S DISTRICT
TE
C
TA
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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ORDER

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26 Dated:

1/9/13

D

RDERE

OO
IT IS S

The Honorable Edward M. Chen
United States District.Judge
n
M Che
Edward
Judge

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CASE NO. 12-CV-05164-EMC

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

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305092

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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: January 3, 2013

By:

/s/ James Donato
James Donato

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

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CASE NO. 12-CV-05164-EMC
305092