Davis v. Visa, Inc.

Filing 20

ORDER granting 19 STIPULATION re Reset Deadlines as to 14 MOTION to Dismiss / Defendant Visa, Inc.'s Notice of Motion And Motion To Dismiss And/Or Strike First Amended Complaint Pursuant To FED. R. CIV. P.9(b), 12(b)(6) And 12(f). Responses due by 3/7/2014. Replies due by 3/14/2014. Signed by Judge Charles R. Breyer on 2/18/2014. (beS, COURT STAFF) (Filed on 2/19/2014)

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RICHARD B. GOETZ (S.B. #115666)
JACLYN A. BLANKENSHIP (S.B. #267524)
[e-mail]; [e-mail]
O’MELVENY & MYERS LLP
400 S. Hope Street
Los Angeles, CA 90071-2899
Telephone:
[phone]
Facsimile:
[phone]

CHARLES D. MARSHALL
[e-mail]
MARSHALL LAW FIRM
2121 N. California Blvd., Suite 290
Walnut Creek, CA 92596
Telephone:
[phone]
Facsimile:
[phone]

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Attorney for Plaintiff
RON DAVIS

MATTHEW D. POWERS (S.B. #212682)
[e-mail]
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3823
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
VISA, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RON DAVIS, an individual, on behalf of
himself and all others similarly situated,

Case No. 13-cv-5125-CRB
JOINT STIPULATION AND ORDER RE:
EXTENDING TIME TO RESPOND TO
DEFENDANT’S MOTION TO DISMISS
UNDER L.R. 6-2

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Plaintiff,
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v.
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VISA, INC., a Delaware Corporation,

FAC Filed: December 16, 2013

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Defendant.
Trial Date: None Set

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WHEREAS, Plaintiff filed and served his First Amended Complaint (“FAC”) in
the above-entitled action on December 16, 2013;
WHEREAS, the Parties agreed to a stipulated briefing schedule for Defendant’s
forthcoming motion to dismiss on January 14, 2014;
WHEREAS, Defendant filed and served a Motion to Dismiss Plaintiff’s FAC on
January 15, 2014 pursuant to that stipulated briefing schedule;
WHEREAS, Plaintiff’s Opposition to Defendant’s Motion is currently due under

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that briefing schedule;

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WHEREAS, Plaintiff desires additional time to prepare an amended complaint in
light of Defendant’s Motion;

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WHEREAS, Plaintiff previously amended his complaint on December 16, 2013
and any further amendments require leave of the court or consent from Defendant;

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WHEREAS, the Parties agree that it would be in the best interests of the Parties

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and judicial economy if the current deadlines for responding to Defendant’s Motion be extended

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to provide Plaintiff time to prepare a Second Amended Complaint and allow Defendant to review

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any such amendment and stipulate to its filing if appropriate;

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WHEREAS, under this agreement and pursuant to L.R. 6-2, Defendant and

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Plaintiff have met and conferred regarding a briefing schedule, and due to scheduling difficulties

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and the holidays, the Parties have agreed to the following briefing schedule in order to

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accommodate such conflicts and allow Plaintiff time to prepare a Second Amended Complaint for

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Defendant to review:

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•

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Plaintiff’s new deadline to file an opposition to Defendant’s Motion shall be March 7,
2014;

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•

Defendant’s deadline to file a Reply shall be March 14, 2014;

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•

If the Parties consent and stipulate to any amendment of the operative complaint,

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Plaintiff’s deadline to file such a Second Amended Complaint will be no later than

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February 28, 2014;

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•

If the Parties stipulate to filing a Second Amended Complaint by February 28, 2014,

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Defendant will take the current Motion off calendar and file a new motion to dismiss

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the Second Amended Complaint pursuant to the deadlines in the Federal Rules of

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Civil Procedure, unless the Parties stipulate to, and the Court approves, a different

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briefing schedule;

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WHEREAS, this extension will not alter the current hearing date for the Motion,

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set on March 28, 2014, or the initial case management conference set for the same day, unless the

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Parties stipulate to the filing of a Second Amended Complaint, in which case the Parties will
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JOINT STIP. AND [PROPOSED] ORDER RE:
EXTENDING DEADLINES UNDER L.R. 6-2;
C 13-5125-CRB

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address those deadlines in that stipulation;

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NOW, THEREFORE, pursuant to Rule 6-2 of the Local Civil Rules of the United

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States District Court for the Northern District of California, it is hereby stipulated by and among

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Plaintiff and Defendant and through their counsel of record that Plaintiff shall file his Opposition

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to Defendant’s Motion no later than March 7, 2014 and Defendant shall file its Reply on March

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14, 2014, unless the Parties stipulate to Plaintiff filing a Second Amended Complaint on or before

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February 28, 2014. If such an agreement is reached and Plaintiff files a Second Amended

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Complaint by February 28, 2014, Defendant will take the Motion off calendar and file a new

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motion to dismiss the Second Amended Complaint pursuant to the deadlines in the Federal Rules

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of Civil Procedure, unless the Parties stipulate to, and the Court approves, a different briefing

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schedule.

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IT IS SO STIPULATED.

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Dated: February 14, 2014

RICHARD B. GOETZ
MATTHEW D. POWERS
JACLYN BLANKENSHIP
O’MELVENY & MYERS LLP

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By: /s/ Jaclyn Blankenship
Jaclyn Blankenship
Attorneys for Defendant
VISA, INC.

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Dated: February 14, 2014

CHARLES D. MARSHALL
MARSHALL LAW FIRM

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By: /s/ Charles D. Marshall
Charles D. Marshall

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Attorney for Plaintiff
RON DAVIS

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JOINT STIP. AND [PROPOSED] ORDER RE:
EXTENDING DEADLINES UNDER L.R. 6-2;
C 13-5125-CRB

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ATTESTATION OF FILING

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Pursuant to Local Rule 5-1(i)(3) regarding signatures, I, Jaclyn Blankenship, hereby attest

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that concurrence in the filing of this Joint Stipulation and [Proposed] Order re: Extending Time to

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Respond to Defendant’s Motion to Dismiss Under L.R. 6-2 has been obtained from Charles D.

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Marshall with conformed signatures above.

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Dated: February 14, 2014

By: /s/ Jaclyn Blankenship
Jaclyn Blankenship
O’MELVENY & MYERS LLP
400 South Hope Street
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]

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JOINT STIP. AND [PROPOSED] ORDER RE:
EXTENDING DEADLINES UNDER L.R. 6-2;
C 13-5125-CRB

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ORDER
The Court having considered the Joint Stipulation and [Proposed] Order re: Extending

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Time to Respond to Defendant’s Motion to Dismiss Under L.R. 6-2 submitted by the Parties, and

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good cause appearing:

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1. The Stipulation is approved;

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2. Plaintiff’s new deadline to file an Opposition to Defendant’s Motion shall be March 7,

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2014;

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3. Defendant’s deadline to file a Reply shall be March 14, 2014;

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4. If the Parties consent and stipulate to any amendment of the operative complaint,

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Plaintiff’s deadline to file such a Second Amended Complaint will be no later than

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February 28, 2014;

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5. If the Parties stipulate to filing a Second Amended Complaint by February 28, 2014,

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Defendant will take the current Motion off calendar and file a new motion to dismiss

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the Second Amended Complaint pursuant to the deadlines in the Federal Rules of

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Civil Procedure, unless the Parties stipulate to, and the Court approves, a different

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briefing schedule;

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______________________________________
er
R. Brey
Hon. ge CharleR. Breyer
Charles s
Jud
UNITED STATES DISTRICT COURT JUDGE

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D

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IT IS S

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DATED: February 18, 2014

UNIT
ED

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IT IS SO ORDERED.

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JOINT STIP. AND [PROPOSED] ORDER RE:
EXTENDING DEADLINES UNDER L.R. 6-2;
C 13-5125-CRB