Stewart v. Gogo, Inc.

Filing 90

STIPULATION AND ORDER re 89 STIPULATION WITH PROPOSED ORDER to File Amended Answer to Second Amended Complaint and Withdraw Motion to Strike filed by Gogo, Inc.. Motion #88 terminated. Signed by Judge Edward M. Chen on 4/14/14. (bpf, COURT STAFF) (Filed on 4/14/2014) Modified on 4/14/2014 (bpf, COURT STAFF).

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5 Patrick D. Robbins (SBN 152288) Mikael A. Abye (SBN 233458) SHEARMAN & STERLING LLP Four Embarcadero Center, Suite 3800 San Francisco, CA 94111-5994 Telephone: 415.616.1100 Facsimile: 415.616.1199 Email: probbins@shearman.com mabye@shearman.com 6 Attorneys for Defendant GOGO INC. 1 2 3 4 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 JAMES STEWART, JOEL MILNE, AND JOSEPH STRAZZULLO, On Behalf of Themselves and All Others Similarly Situated, Plaintiff, Courtroom: Judge: Hearing Date: Time: v. 15 17 STIPULATION AND [PROPOSED] ORDER TO FILE AMENDED ANSWER TO SECOND AMENDED COMPLAINT AND WITHDRAW MOTION TO STRIKE Defendant. 14 16 Case No.: 3:12-cv-5164-EMC GOGO Inc., 5 Hon. Edward M. Chen March 28, 2013 1:30 pm 18 19 20 21 22 23 24 25 WHEREAS, on February 28, 2014 Defendant Gogo, Inc. (“Gogo”) filed its Answer to the Second Amended Complaint [Dkt. No. 85] (the “Answer”); WHEREAS, on March 28, 2014 Plaintiffs filed a Motion to Strike Defendant’s Affirmative Defenses [Dkt. No. 88] (the “Motion”); WHEREAS Plaintiffs and Gogo (collectively “the Parties”) have met and conferred concerning the Plaintiffs’ Motion and Gogo’s Answer; 26 27 28 STIPULATION AND [PROPOSED] ORDER RE AMENDING ANSWER TO SAC 1 Case No. 3:12-cv-5164-EMC 312074 1 IT IS HEREBY STIPULATED AND AGREED among the Parties that: 2 1. Plaintiffs withdraw their Motion without prejudice; and 3 2. Gogo will amend its Answer with respect to its affirmative defenses on or before May 9, 4 5 2014. Dated: April 11, 2014 SHEARMAN & STERLING LLP 6 /s/ Mikael A. Abye Mikael A. Abye By: 7 8 Attorneys for Defendant GOGO INC. 9 10 Dated: April 11, 2014 THE KATRIEL LAW FIRM 11 THE MEHDI FIRM 12 KRAUSE KALFAYAN BENINK & SLAVENS LLP 13 /s/ Roy A. Katriel Roy A. Katriel By: 14 15 Attorneys for Plaintiff PURSUANT TO STIPULATION, IT IS SO ORDERED. 19 4/14 Dated: ________________________2014 ___________________________________ United States ard M. CJudge District hen dge Edw Ju 25 FO A H 22 24 ER LI RT 21 23 VED APPRO NO 20 S UNIT ED 18 RT U O ORDER 17 S DISTRICT TE C TA R NIA 16 N F D IS T IC T O R C ATTESTATION I, Mikael A. Abye, am the ECF User whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER TO FILE AMENDED ANSWER TO SECOND AMENED COMPLAINT AND WITHDRAW MOTION TO STRIKE. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that Roy A. Katriel has concurred in this filing. 26 27 /s/ Mikael A. Abye Mikael A. Abye Dated: April 11, 2014 28 STIPULATION AND [PROPOSED] ORDER RE AMENDING ANSWER TO SAC 2 Case No. 3:12-cv-5164-EMC 312074

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