Banko v. Apple, Inc.

Filing 16

JOINT STIPULATION AND ORDER CHANGING TIME FOR BRIEFING ON APPLE INC.'S MOTION TO DISMISS. Signed by Judge Richard Seeborg on 8/8/13. (cl, COURT STAFF) (Filed on 8/8/2013)

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DAVID J. MICLEAN (SB# 115098)
Email: [e-mail]
GARY R. GLEASON (SB# 136167)
Email: [e-mail]
ANNE-MARIE D. DAO (SB#282632)
Email: [e-mail]
Attorneys for Plaintiff
JOSHUA BANKO

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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JOSHUA BANKO,
Plaintiff(s),

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Miclean Gleason LLP
100 Marine Parkway Suite 310
Redwood Shores, CA 94065
650-684-1181 Main 650-684-1181 Fax

JOINT STIPULATION
REQUESTING ORDER
CHANGING TIME FOR
BRIEFING ON APPLE INC.’S
MOTION TO DISMISS

v.

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Case No. CV 13-02977 RS

APPLE, INC., DOES 1-50
Defendant(s).

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Pursuant to Federal Rule 6 and Local Rule 6-2(a), Joshua Banko (“Banko”)

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and Apple Inc. (“Apple”) hereby stipulate to an adjustment of the briefing schedule
on Apple’s Motion to Dismiss (Dkt. 11) and would respectfully request an order
confirming such stipulation:

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1.

On June 27, 2013, Banko filed a Complaint against Apple. (Dkt. 1).

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2.

On July 10, 2013, the parties stipulated to an extension of time to allow Apple

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to file a responsive pleading to Banko’s Complaint. (Dkt. 4).

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3.

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(“Motion”). (Dkt. 11).

On August 5, 2013, Apple filed a Motion to Dismiss the Complaint

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CASE NO: CV 13-02977 RS

STIPULATION REQUESTING ORDER CHANGING TIME

Banko’s Opposition is presently due on August 19, 2013. Apple’s Reply to

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the Opposition is currently due on August 26, 2013. The hearing on Apple’s Motion

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is scheduled for September 26, 2013.

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opposition brief and Apple’s reply brief on the Motion. These extensions will not

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affect the hearing date. The reason for such request is because this is a critical

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Motion attacking all causes of action in the complaint and plaintiff will need

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sufficient time to review the extensive authority that has been cited by Apple and to

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respond accordingly. Further, key counsel of record from Miclean Gleason are on

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vacation and it would be a hardship on these individuals to have to return early to

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Miclean Gleason LLP
100 Marine Parkway Suite 310
Redwood Shores, CA 94065
650-684-1181 Main 650-684-1181 Fax

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respond to Apple’s Motion.

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6.

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approval of, a revised briefing schedule under which Banko’s Opposition brief will

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now be due on August 26, 2013 and Apple’s Rely brief on the Motion will now be

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due September 5, 2013.

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7.

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on Apple’s Motion (September 26, 2013). A proposed order is attached.

The parties have agreed to a short extension of time for the filing of Banko’s

Therefore, the parties have stipulated and agreed to, and seek the Court’s

The parties propose no change in the currently scheduled date for the hearing

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STIPULATION

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Pursuant to Local Rule 6-2(a), the parties hereby stipulate that: Banko’s

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Opposition to Apple’s Motion to Dismiss (Dkt. 11) will now be due no later than

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August 26, 2013, and Apple’s Reply to Banko’s Opposition will now be due no later

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than September 5, 2013. The hearing on Apple’s Motion to Dismiss will remain set

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as previously scheduled by the Court on September 26, 2013, at 1:30 pm.

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CASE NO: CV 13-02977 RS

STIPULATION REQUESTING ORDER CHANGING TIME

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Dated: August 8, 2013

//s// Todd K. Boyer
TODD K. BOYER
LITTLER MENDELSON, P.C.
Attorneys for Defendant
APPLE INC.

Dated: August 8, 2013

//s/ David J. Miclean
DAVID J. MICLEAN
GARY R. GLEASON
ANNE-MARIE D. DAO
MICLEAN GLEASON LLP
Attorneys for Plaintiff
JOSHUA BANKO

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Miclean Gleason LLP
100 Marine Parkway Suite 310
Redwood Shores, CA 94065
650-684-1181 Main 650-684-1181 Fax

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[PROPOSED] ORDER

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PURSUANT TO THE PARTIES STIPULATION, IT IS SO ORDERED.

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Date: August 8 , 2013

____________________________
The Honorable Richard G. Seeborg
United States District Judge

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CASE NO: CV 13-02977 RS

STIPULATION REQUESTING ORDER CHANGING TIME