Moretti v. The Hertz Corporation et al

Filing 26

STIPULATION AND ORDER to Extend Briefing Schedule for Motions to Dismiss. Set/Reset Deadlines as to 15 MOTION to Dismiss Plaintiff's Class Action Complaint or, in the Alternative, Transfer This Action to the District of Delaware , 17 MOTION to Dismiss Complaint Pursuant to Rule 12(b)(3). Responses due by 9/16/2013. Replies due by 9/26/2013. Motion Hearing set for 10/11/2013 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Signed by Judge Samuel Conti on 08/23/2013. (tmi, COURT STAFF) (Filed on 8/23/2013)

1 GUTRIDE SAFIER LLP
ADAM J. GUTRIDE (State Bar No. 181446)
2 SETH A. SAFIER (State Bar No. 197427)
3 MARIE A. MCCRARY (State Bar No. 262670)
835 Douglass Street
4 San Francisco, California 94114
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Plaintiff
7

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
(SAN FRANCISCO)

8
9

10 ENRICO MORETTI, individually and on
behalf of Class Members,
11
Plaintiffs,
12
13

v.

14 THE HERTZ CORPORATION; HERTZ
GLOBAL HOLDINGS, INC.; DOLLAR
15 THRIFTY AUTOMOTIVE GROUP, INC.;
HOTWIRE, INC.; and DOES 1 THROUGH
16 25,
17

Case No. CV 13 2972

STIPULATION AND [PROPOSED]
ORDER TO EXTEND BRIEFING
SCHEDULE FOR MOTIONS TO
DISMISS
IT IS SO ORDERED AS MODIFIED

Defendants.

18
19
20
21
22
23
24
25
26
27
28
Stipulation and [Proposed] Order
Case No. CV 13 2972

1

The parties to this action have conferred and reached agreement, subject to the approval

2 of the Court, to extend the briefing schedule for the currently pending motions to dismiss (Dkt.##
3

15, 17). In support of this stipulation, the parties recite and agree as follows:

4

WHEREAS on May 24, 2013, plaintiff Enrico Moretti (“Plaintiff”) filed this putative

5
6

class action in California state court (San Francisco county);
WHEREAS on June 28, 2013, defendants The Hertz Corporation, Hertz Global Holdings,

7

8 Inc. (collectively “Hertz”), and Dollar Thrifty Automotive Group (“DTAG”) removed the action
9 to this Court pursuant to the Class Action Fairness Act, 28 U.S.C. §§ 1332(d) & 1453;
10
11

WHEREAS on July 3, 2013, Plaintiff, Hertz, and DTAG stipulated to extend the answer
date and to set an agreed to briefing schedule on the forthcoming motions to dismiss (Dkt.# 11);

12
WHEREAS on July 3, 2013, this Court signed the parties’ stipulation, and set the

13
14

following briefing schedule for motions to dismiss:
(1)

The date on which defendants shall answer or otherwise plead is extended until
August 5, 2013;

(2)

If any defendant files a motion to dismiss on the answer date, plaintiff shall have
until August 26, 2013 to file a response to that motion;

(3)

Defendant(s) shall have until September 6, 2013 to file a reply in support of the
motion(s) to dismiss; and

(4)

15

The hearing on any motion to dismiss, should one be filed, shall be on
September 27, 2013.

16
17
18
19
20
21
(Dkt.# 12.)
22

WHEREAS on August 5, 2013, Defendant Hotwire, Inc. (“Hotwire”) filed a motion to

23
24

dismiss (Dkt.# 15);

25

WHEREAS Hertz and DTAG filed a joint motion to dismiss the same day (Dkt.# 17);

26

WHEREAS Defendants have agreed to provide Plaintiff with additional time to respond

27

to their motions to dismiss (Dkt.## 15, 17);

28
Stipulation and [Proposed] Order
Case No. CV 13 2972
2224974.1

1

WHEREAS the parties urge the Court to accept their stipulated schedule as the product of

2 the parties’ agreement and in the belief that it will lessen the burden on the Court;
3

IT IS HEREBY STIPULATED AND AGREED THAT, subject to Court approval:

4
(1)

Plaintiff shall have until September 16, 2013 to file a response to Defendants’
motions to compel (Dkt.## 15, 17);

(2)

Defendants shall have until September 26, 2013 to file a reply in support of their
motion to dismiss; and

(3)

The hearing on the motions to dismiss shall be on October 10, 2013 or on any
date thereafter that the Court deems appropriate and convenient.

5
6
7
8
9

STIPULATED AND AGREED:
10
11

Dated: August 23, 2013

12

PLAINTIFF ENRICO MORETTI

By:

13
14
15
16

/s/ Seth Safier
Seth Safier
Adam Gutride
Marie A. McCrary
GUTRIDE SAFIER LLP
835 Douglass Street
San Francisco, California 94114
Telephone: [phone]

17
Dated: August 23, 2013
18
19
20

THE HERTZ CORPORATION, HERTZ GLOBAL
HOLDINGS, INC., AND DOLLAR THRIFTY
AUTOMOTIVE GROUP

By:

21
22
23
24

/s/Jeffrey A. Koppy
Kenneth E. Keller (SBN 71450)
Tracy M. Clements (SBN 184150)
KELLER, SLOAN, ROMAN & HOLLAND LLP
555 Montgomery Street, 17th Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

25
Ross B. Bricker (admitted pro hac vice)
Jeffrey A. Koppy (admitted pro hac vice)
JENNER & BLOCK LLP
353 N. Clark Street
Chicago, Illinois 60654-3456

26
27
28

Stipulation and [Proposed] Order
Case No. CV 13 2972
2224974.1

1

Telephone: [phone]
Facsimile: [phone]

2
3 Dated August 23, 2013

HOTWIRE, INC.

4
By:
5
6
7

/s/Rodney Strickland
Rodney G. Strickland, Jr.
WILSON SONSINI GOODRICH & ROSATI
650 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]

8
9
10

ORDER

11

The parties having stipulated and good cause appearing, the Court adopts the parties’
stipulated agreement and resets deadlines as follows:
12
(1)

Plaintiff shall have until September 16, 2013 to file a response to Defendants’
motions to compel (Dkt.## 15, 17);

(2)

Defendants shall have until September 26, 2013 to file a reply in support of their
motions to dismiss; and

(3)

The hearing on Defendants’ motions to dismiss (Dkt.# 15, 17) shall be on
October 11, 2013.

15
16
17

IT IS SO ORDERED.

08/23/2013
20 Dated: ______________________
21

RED

RDE
________________________________________
IS SO O FIED
IT
Hon. Samuel Conti, United States District Judge
MODI
AS

l Conti

NO

22

UNIT
ED

19

S DISTRICT
TE
C
TA

RT
U
O

S

18

amue
Judge S

24
25

A

H

ER

LI

RT

23

N

F
D IS T IC T O
R

26
27
28
Stipulation and [Proposed] Order
Case No. CV 13 2972
2224974.1

R NIA

14

FO

13

C