Bleak v. Spotify USA Inc.

Filing 22

ORDER granting 21 STIPULATION EXTENDING THE DEADLINE FOR PLAINTIFF TO RESPOND TO SPOTIFY USA INC.S MOTION TO COMPEL ARBITRATION AND FOR SPOTIFY TO REPLY TO PLAINTIFFS RESPONSE AND CONTINUING THE MOTION HEARING AND CASE MANAGEMENT CONFEREN CE SCHED filed by Melissa Bleak. Reset Deadlines/Hearing as to 18 First MOTION to Compel Arbitration and Stay Action. Responses due by 3/10/2014. Replies due by 4/7/2014. Motion Hearing reset for 4/25/2014 10:00 AM in Courtroom 6, 17 th Floor, San Francisco before Hon. Charles R. Breyer. Case Management Statement due by 4/18/2014. Initial Case Management Conference reset for 4/25/2014 10:00 AM in Courtroom 6, 17th Floor, San Francisco. Signed by Judge Charles R. Breyer on 2/3/2014. (beS, COURT STAFF) (Filed on 2/4/2014)

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1 2 3 4 5 JULIAN HAMMOND (CA State Bar No. 268489) HAMMONDLAW, PC 1180 S. Beverly Drive, Suite 610 Los Angeles, California 90035 Telephone: (310) 601-6766 Facsimile: (310) 295-2385 Email: Hammond.julian@gmail.com 8 ARI CHERNIAK (CA State Bar No. 290071) HAMMONDLAW, PC 1829 Reisterstown Road, Suite 410 Baltimore, Maryland 21208 Telephone: (443) 739-5758 Facsimile: (310) 295-2385 Email: ari.cherniak@gmail.com 9 Attorneys for Plaintiff MELISSA BLEAK 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOSEPH E. ADDIEGO III (CA State Bar No. 169522) DAVIS WRIGHT TREMAINE LLP 505 Montgomery Street, Suite 800 San Francisco, California 94111 Telephone: (415) 276-6500 Facsimile: (415) 276-6599 Email: joeaddiego@dwt.com STEPHEN M. RUMMAGE (Admitted Pro hac) CANDICE M. TEWELL (Admitted Pro hac vice) DAVIS WRIGHT TREMAINE LLP 1201 Third Avenue, Suite 2200 Seattle, Washington 98101-3045 Telephone: (206) 622-3150 Fax: (206) 757-7700 Email: steverummage@dwt.com candicetewell@dwt.com Attorneys for Defendant SPOTIFY USA INC. IN THE UNITED STATES DISTRICT COURT THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION MELISSA BLEAK, individually and on behalf ) of all others similarly situated, ) ) Plaintiff, ) ) v. ) ) SPOTIFY USA INC., a Delaware corporation, ) ) Defendant. ) ) ) Case No. CV 13-5653 CRB STIPULATION EXTENDING THE DEADLINE FOR PLAINTIFF TO RESPOND TO SPOTIFY USA INC.’S MOTION TO COMPEL ARBITRATION AND FOR SPOTIFY TO REPLY TO PLAINTIFF’S RESPONSE AND CONTINUING THE MOTION HEARING AND CASE MANAGEMENT CONFERENCE SCHEDULED FOR MARCH 21, 2014; ORDER 1 STIPULATION EXTENDING DEADLINE FOR PLAINTIFF TO RESPOND TO SPOTIFY’S MOTION TO COMPEL ARBITRATION, ETC. Case No. CV 13-5653 CRB 1 TO THE HONORABLE COURT AND ALL PARTIES BY AND THROUGH THEIR 2 COUNSEL OF RECORD: 3 Plaintiff MELISSA BLEAK, individually and on behalf of all others similarly situated 4 (“Plaintiff”) and Defendant SPOTIFY USA INC. (“Defendant”) (collectively “the Parties”), by 5 and through their attorneys of record, stipulate as follows: 6 7 8 9 On January 27, 2014 Defendant filed a Motion to Compel Arbitration and Stay Action in the above-referenced case; The current deadline for Plaintiff to respond to the Motion to Compel Arbitration is February 10, 2013; 10 The current deadline for Defendant to reply to Plaintiff’s response is February 18, 2014; 11 The Hearing on the Motion to Compel Arbitration is currently scheduled for March 21, 12 2014 at 10:00 A.M. in Courtroom 6, 17th Floor of the above-referenced Court before the Hon. 13 Charles R. Breyer; 14 15 16 A Case Management Conference is scheduled for March 21, 2014 at 8:30 a.m. in Courtroom 6, 17th Floor of the above-referenced Court before the Hon. Charles R. Breyer; Plaintiff believes extending the deadlines for the responsive pleadings and continuing the 17 Motion Hearing is required in order to properly prepare her response and effectively prepare for 18 the Motion Hearing; 19 The Parties believe continuing the Case Management Conference to the same day as the 20 Motion Hearing will consolidate multiple hearings on this matter to the same date, thereby 21 creating additional efficiency; 22 23 24 25 26 27 NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT: 1. The deadline for Plaintiff to respond to Defendant’s Motion to Compel Arbitration shall be extended to March 10, 2014; 2. The deadline for Defendant to reply to Plaintiff’s response shall be extended to April 7, 2014; 3. The Motion Hearing currently scheduled for March 21, 2014 at 10:00 A.M. in 28 2 STIPULATION EXTENDING DEADLINE FOR PLAINTIFF TO RESPOND TO SPOTIFY’S MOTION TO COMPEL ARBITRATION, ETC. Case No. CV 13-5653 CRB 1 Courtroom 6, 17th Floor of the above-referenced Court before the Hon. Charles R. Breyer shall be 2 continued until April 25, 2014 at 10:00 A.M.; and 3 4. The Case Management Conference currently scheduled for March 21, 2014 at 8:30 4 A.M. in Courtroom 6, 17th Floor of the above-referenced Court before the Hon. Charles R. Breyer 5 shall be continued until April 25, 2014 at 10:00 A.M.; 6 5. The parties shall meet and confer not less than thirty (30) days in advance of the 7 April 25, 2014, conference and shall file a joint case management statement in the form contained 8 in the Civil Local rules as supplemented by this Court’s January 22, 2014, Order Setting Case 9 Management Conference not less than seven (7) days in advance of the conference. The parties 10 shall serve their Rule 26(f) Initial Disclosures within fourteen (14) days of their meet and confer. 11 IT IS SO STIPULATED. 12 13 DATED: January 31, 2014 DAVIS WRIGHT TREMAINE LLP 14 By: /s/ Joseph E. Addegio /s/ Joseph E. Addiego III 15 16 Attorneys for Defendant SPOTIFY USA INC. 17 18 DATED: January 31, 2014 20 HAMMONDLAW, PC By: Julian Hammond 21 22 Attorneys for Plaintiff MELISSA BLEAK 23 DATED: February 3, 2014 UNIT ED ED HON. CHARLES R. BREYER RDER IS SO O Court Judge IT United States District 26 27 NO H ER LI RT 3 J A 28 . Breyer arles R udge Ch R NIA 25 S IT IS SO ORDERED. RT U O 24 S DISTRICT TE C TA FO 19 C STIPULATION EXTENDING DEADLINE FOR PLAINTIFF TO RESPOND TO SPOTIFY’S MOTION TO COMPEL ARBITRATION, ETC. Case No. CV 13-5653 CRB N F D IS T IC T O R

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