Haskins v. Symantec Corporation

Filing 50

STIPULATION AND ORDER re 46 STIPULATION WITH PROPOSED ORDER Extending Time for Defendant Symantec to Answer or Move to Dismiss The Third Amended Complaint and Regarding a Briefing Schedule for a Motion to Dismiss filed by Symantec Corporation. Signed by Judge Jon S. Tigar on December 29, 2013. (wsn, COURT STAFF) (Filed on 12/29/2013)

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LAURENCE F. PULGRAM (CSB NO. 115163)
[e-mail]
TYLER G. NEWBY (CSB NO. 205790)
[e-mail]
MOLLY R. MELCHER (CSB No. 272950)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415.281.1350
Attorneys for Defendant
SYMANTEC CORPORATION
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

SAN FRANCISCO

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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KATHLEEN HASKINS, on behalf of
herself and all others similarly situated,

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Plaintiff,

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v.
SYMANTEC CORPORATION,

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Defendant.

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Case No.: 3:13-cv-01834-JST
STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME FOR
DEFENDANT SYMANTEC TO
ANSWER OR MOVE TO DISMISS
THE THIRD AMENDED COMPLAINT
AND REGARDING A BRIEFING
SCHEDULE FOR A MOTION TO
DISMISS
Judge: The Honorable Jon S. Tigar

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STIPULATION

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WHEREAS, on December 2, 2013, this Court granted Defendant Symantec Corporation’s

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(“Symantec”) Motion to Dismiss the Second Amended Complaint and dismissed the Second

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Amended Complaint without prejudice (Dkt. No. 45);
WHEREAS, in the Order dismissing Plaintiff’s Second Amended Complaint, this Court

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instructed Plaintiff that any Third Amended Complaint must be filed no later than December 23,

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2013;

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WHEREAS, Plaintiff intends to file a Third Amended Complaint on December 23, 2013;

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STIPULATION AND [PROPOSED] ORDER

No. 3:13-cv-01834-JST

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WHEREAS, in light of the holidays and certain scheduling conflicts, the Parties have

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agreed, subject to the approval of the Court, to extend the dates for Symantec to Answer or file a

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Motion to Dismiss the Third Amended Complaint and for briefing associated with Motion to

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Dismiss;

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SAN FRANCISCO

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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WHEREAS, Symantec shall have until January 23, 2014, to Answer or file its Motion to
Dismiss;
WHEREAS, if Symantec files a Motion to Dismiss, Plaintiff shall have until February 18,
2014, to file her Opposition to Symantec’s Motion to Dismiss;
WHEREAS, Symantec shall have until February 27, 2014, to file its Reply in support of
its Motion to Dismiss;
WHEREAS, the Parties have agreed that, subject to the Court’s availability, Symantec’s
Motion to Dismiss will be heard by the Court on March 13, 2014, at 2:00 p.m.;
WHEREAS, there are no other pending dates set by the Court that would be affected by
entry of this Order.
NOW THEREFORE, IT IS STIPULATED AND AGREED, and respectfully requested
that the Court order as follows:
1. Symantec shall have until January 23, 2014, to Answer or file its Motion to Dismiss the
Third Amended Complaint;
2. If Symantec files a Motion to Dismiss, Plaintiff shall have until February 18, 2014, to
file her Opposition; and
3. Symantec shall have until February 27, 2014, to file its Reply in support of its Motion
to Dismiss.

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Dated: December 23, 2013

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STIPULATION AND [PROPOSED] ORDER

By /s/ Tyler G. Newby
Laurence F. Pulgram (CBS No. 115163)
[e-mail]
Tyler G. Newby (CSB No. 205790)
[e-mail]
Leslie A. Kramer (CSB No. 253313)
[e-mail]
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No. 3:13-cv-01834-JST

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FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Ph: [phone]
Fax: [phone]

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Attorneys for Defendant Symantec Corp.

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Dated: December 23, 2013

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SAN FRANCISCO

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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By /s/ Timothy G. Blood
Timothy G. Blood (149343)
Thomas Joseph O’Reardon II (247952)
Paula Michelle Roach (254142)
Blood Hurst & O’Reardon, LLP
701 B Street, Suite 1700
San Diego, CA 92101
619-338-1100
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Barnow and Associates, P.C.
Ben Barnow
One North LaSalle Street, Suite 4600
Chicago, IL 60602
312-621-2000
Fax: [phone]
[e-mail]

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The Coffman Law Firm
Richard Lyle Coffman
505 Orleans, Suite 505
Beaumont, TX 77701
409-833-7700
Fax: [phone]
[e-mail]

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Attorneys for Plaintiff

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STIPULATION AND [PROPOSED] ORDER

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No. 3:13-cv-01834-JST

ATTESTATION

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I, Tyler G. Newby, am the ECF User whose identification and password are being used to

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file this STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR

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DEFENDANT SYMANTEC TO ANSWER OR MOVE TO DISMISS THE THIRD

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AMENDED COMPLAINT AND REGARDING A BRIEFING SCHEDULE FOR A

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MOTION TO DISMISS. In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that all

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signatories have concurred in this filing.

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Dated: December 23, 2013

By /s/ Tyler G. Newby
Tyler G. Newby (CBS No. 205790)

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SAN FRANCISCO

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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STIPULATION AND [PROPOSED] ORDER

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No. 3:13-cv-01834-JST

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[PROPOSED] ORDER
Pursuant to stipulation, it is SO ORDERED.

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Dated: December 29, 2013
Honorable Jon S. Tigar
United States District Judge

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SAN FRANCISCO

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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STIPULATION AND [PROPOSED] ORDER

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No. 3:13-cv-01834-JST