Kedkad v. Microsoft Corporation, Inc. et al
Filing
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STIPULATION AND ORDER to allow late filing of Opposition to Motion to Dismiss Complaint. Signed by Judge Thelton E. Henderson on 05/02/2013. (tmi, COURT STAFF) (Filed on 5/2/2013)
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MICHAEL E. ADAMS (SBN: 47278)
LAW OFFICES OF MICHAEL E. ADAMS
702 Marshall Street, Suite 300
Redwood City, CA 94063
Telephone: (650) 599-9463
Fax: (650) 599-9785
Email: michaeleadams@earthlink.net
Attorney for Plaintiff
MAHMUD KEDKAD
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LYNNE C. HERMLE (SBN 99779)
JOSEPH C. LIBURT (SBN 155507)
ORRICK, HERRINGTON & SUTCLIFFE, LLP
1000 Marsh Road
Menlo Park, CA 94025
Telephone: (650) 614-7400
Fax: (650) 614-7401
Email: lchermle@orrick.com
Email: jliburt@orrick.com
DEVIN SLACK (Pro Hac Vice)
ORRICK, HERRINGTON & SUTCLIFFE LLP
51 W. 52nd Street
New York, New York 10019
Telephone: (212) 506-5000
Fax: (212-506-5151
Email: dslack@orrick.com
Attorneys for Defendant Microsoft Corporation
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MAHMOUD KEDKAD
No. C 3:13-CV-00141 TEH
STIPULATION TO ALLOW LATE
FILING OF OPPOSITION TO MOTION
TO DISMISS COMPLAINT;
DECLARATION; [PROPOSED] ORDER
Plaintiff(s),
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v.
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MICROSOFT CORPORATION, INC., et.
al.
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Defendant(s).
___________________________________/
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The parties hereto, by and through their undersigned counsel, stipulate, subject to
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approval of the court, to relieve Plaintiff from his failure to file timely opposition to Defendant's
L AW O FFICES O F
M ICHAEL E. A DAMS
702 M ARSHALL S T ., #300
R EDWOOD C ITY C A 94063
(650) 599-9463
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Stipulation to Allow Late Filing of Opposition to M otion to Dismiss; Declaration; [proposed] Order
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previously filed Motion to Dismiss the Complaint ("Motion"), and to allow Plaintiff to file
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opposition to the Motion by no later than June 5, 2013, with any reply by Defendant then to be
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filed by June 12, 2013, and the hearing to be re-noticed for July 8, 2013 at 10:00 a.m.
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DATED: May 1, 2013
DATED: May 1, 2013
/s/ Michael E. Adams
___________________________
Attorney for Plaintiff
MAHMOUD KEDKAD
/s/ Devin Slack
_______________________________
Attorney for Defendant
MICROSOFT CORPORATION
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DECLARATION
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I, MICHAEL E. ADAMS, hereby declare:
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1. I am the attorney of record herein for Plaintiff Mahmoud Kedkad.
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2. Early this month, shortly after Defendant Microsoft Corporation filed its Motion to
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Dismiss the Complaint ("Motion"), I discussed the motion with Defendant's counsel, Devin
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Slack, including my wish to conduct some limited discovery relating to the motion.
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3. During this month, the instant matter was successively reassigned first to Hon. Phyllis
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J. Hamilton and then to Hon. Thelton Henderson. Court notices of said reassignments stated,
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inter alia, that all pending motions were be taken off calendar for re-noticing. Preoccupied with
other litigation matters, I did not carefully read the notices and I incorrectly assumed that new
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dates for briefing the Motion would be based on the date on which it was re-noticed. I learned to
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my surprise of my error during a further discussion with Mr. Slack concerning the Motion early
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last week.
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I declare under penalty of perjury that the foregoing is true and correct. Signed this 1st
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day of May, 2013 in Redwood City, CA.
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/s/ Michael E. Adams
_________________________________
MICHAEL E. ADAMS
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L AW O FFICES O F
M ICHAEL E. A DAMS
702 M ARSHALL S T ., #300
R EDWOOD C ITY C A 94063
(650) 599-9463
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Stipulation to Allow Late Filing of Opposition to M otion to Dismiss; Declaration; [proposed] Order
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[PROPOSED] ORDER
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The parties so stipulating and good cause appearing,
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IT IS HEREBY ORDERED that Defendant Microsoft Corporation shall re-notice its Motion to
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Dismiss the Complaint for July 8, 2013 at 10:00 a.m., that Plaintiff is granted leave to file
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opposition thereto by June 5, 2013, and that Defendant may file any reply thereto by June 12,
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2013.
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DATED: May __, 2013
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A
H
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E. Hend
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helton
Judge T
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_____________________________________
HON. THELTON E. HENDERSON
U.S. DISTRICT JUDGE son
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L AW O FFICES O F
M ICHAEL E. A DAMS
702 M ARSHALL S T ., #300
R EDWOOD C ITY C A 94063
(650) 599-9463
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Stipulation to Allow Late Filing of Opposition to M otion to Dismiss; Declaration; [proposed] Order
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