Smith v. Pegatron USA, Inc. et al

Filing 69

ORDER granting 68 STIPULATION [JOINT STIPULATION EXTENDING TIME TO FILE SECOND AMENDED COMPLAINT] filed by Joshua Smith. Second Amended Complaint due by 4/17/2015. Signed by Judge Charles R. Breyer on 4/13/2015. (beS, COURT STAFF) (Filed on 4/14/2015)

1
2
3
4
5
6
7
8
9
10
11
12
13
14

Samuel Lasser (SBN - 252754)
[e-mail]
EDELSON PC
1934 Divisadero Street
San Francisco, California 94115
Tel: [phone]
Fax: [phone]
Jay Edelson (Admitted Pro Hac Vice)
[e-mail]
Rafey S. Balabanian (Admitted Pro Hac Vice)
[e-mail]
Benjamin S. Thomassen (Admitted Pro Hac Vice)
[e-mail]
Amir Missaghi (Admitted Pro Hac Vice)
[e-mail]
EDELSON PC
350 North LaSalle Street, Suite 1300
Chicago, Illinois 60654
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff
JOSHUA SMITH

Teresa H. Michaud, State Bar No. 296329
[e-mail]
Christina M. Wong, State Bar No. 288171
[e-mail]
BAKER & McKENZIE LLP
Two Embarcadero Center, 11th Floor
San Francisco, CA 94111-3802
Telephone: [phone]
Facsimile: [phone]
Mark D. Taylor (Admitted Pro Hac Vice)
[e-mail]
BAKER & McKENZIE LLP
2300 Trammell Crow Center
2001 Ross Avenue
Dallas, TX 75201
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
PEGATRON USA, INC., ASROCK
AMERICA, INC., and FATALITY, INC.,
d/b/a FATAL1TY, INC.

15
16

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

17
18
19

JOSHUA SMITH, individually and on

Case No. 3:14-cv-01822-CRB

behalf of all others similarly situated,

HON. CHARLES R. BREYER

20
21
22
23
24
25

Plaintiff,
v.
PEGATRON USA, INC., a California
corporation, ASROCK AMERICA, INC., a
California corporation, and FATALITY, INC.,
d/b/a Fatal1ty, Inc., a Missouri corporation,

JOINT STIPULATION EXTENDING
TIME TO FILE SECOND AMENDED
COMPLAINT

First Amended Complaint Filed:
July 3, 2014

Defendants.

26
27
28
JOINT STIPULATION AND [PROPOSED]
ORDER EXTENDING BRIEFING SCHEDULE

CASE NO. 3:14-cv-01822-CRB

1

WHEREAS, Plaintiff Joshua Smith (“Plaintiff”) filed his First Amended Class Action

2

Complaint on July 3, 2014, against Defendants Pegatron USA, ASRock America, Inc., and

3

Fatality, Inc (“Defendants.”) (Dkt. 34.)

4

WHEREAS, as set forth in their March 13, 2015 Joint Case Management Statement, and in

5

light of the documents and information exchanged between the parties, Plaintiff indicated his

6

intention to file an amended complaint, which would dismiss Pegatron USA and add ASRock, Inc.

7

as a party-defendant. (Dkt. 65 § V.)

8
9

WHEREAS, following the parties’ March 20, 2015 case management conference, the
Court instructed Plaintiff to file his amended complaint by April 10, 2015. (Dkt. 67.)

10

WHEREAS, because the parties are continuing to engage in good faith and productive

11

settlement discussions, the parties believe that a brief, seven (7) day extension of Plaintiff’s current

12

amendment deadline (i.e., from April 10, 2015 to April 17, 2015) will provide the them with a full

13

opportunity to complete their discussions, which have the potential to result in dismissal of this

14

case.

15
16
17

WHEREAS, the stipulation is not being filed for purposes of delay, but rather, to avoid the
filing of additional pleadings that may be unnecessary.
THEREFORE, the parties hereby stipulate and agree as follows:

18
19

STIPULATION
1.

The parties, by and through their undersigned counsel, hereby stipulate and

20

respectfully request that Plaintiff’s deadline to file a second amended complaint be extended by

21

seven (7) days, until April 17, 2015. The reason for the requested extension of time is to provide

22

the parties with a sufficient opportunity to complete their settlement discussions.

23

2.

Three other time modifications have been previously made by stipulation in this

24

matter. On May 13, 2014, and May 27, 2014, the parties stipulated that the time for Defendant to

25

respond to the Complaint would be extended. (See Dkt. 19, 25.) On September 2, 2014, the parties

26

stipulated that the time for Defendant to respond to the First Amended Complaint be extended.

27

(See Dkt. 43.) No other time modifications have been ordered by the Court.

28
JOINT STIPULATION AND [PROPOSED]
ORDER EXTENDING DEADLINE TO AMEND

1

CASE NO. 3:14-cv-01822-CRB

1

3.

All parties agree to the stipulation as indicated by their signatures below. The

2

parties respectfully request that the Court approve the stipulation, pursuant to Civil L.R. 6-2 and

3

enter an Order thereupon. A form of Proposed Order is filed herewith.

4

*

*

*

5
Respectfully submitted,

6
7

Dated: April 10, 2015

BAKER & MCKENZIE LLP

8

By: /s/ Mark D. Taylor

9

Mark D. Taylor (Admitted Pro Hac Vice)
[e-mail]
BAKER & McKENZIE LLP
2300 Trammell Crow Center
2001 Ross Avenue
Dallas, TX 75201
Telephone: [phone]
Facsimile: [phone]

10
11
12
13
14
15

Dated: April 10, 2015

EDELSON PC
By: /s/ Benjamin S. Thomassen
Benjamin S. Thomassen (Admitted Pro Hac Vice)
[e-mail]
EDELSON PC
350 North LaSalle Street, Suite 1300
Chicago, Illinois 60654
Tel: [phone]
Fax: [phone]

16
17
18
19
20

Attorneys for Plaintiff
JOSHUA SMITH

21
22
23
24
25
26
27
28
JOINT STIPULATION AND [PROPOSED]
ORDER EXTENDING DEADLINE TO AMEND

2

CASE NO. 3:14-cv-01822-CRB

1

ATTESTATION

2
Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures, I attest that concurrence in the

3
4
5

filing of this document has been obtained from the other signatories.
Dated: April 10, 2015
/s/ Benjamin S. Thomassen
Benjamin S. Thomassen

6
7
8

ORDER

9

The Court having considered the above joint request, and good standing appearing

10

therefore, HEREBY ORDERS that Plaintiff shall have until April 17, 2015, to file his second

11

amended complaint.

UNIT
ED

S

IT IS SO ORDERED.

13

ERED

15

RT

ER

H

17

LI

16

FO

NO

R NIA

____________________________
O ORD
IT IS S CHARLES R. BREYER
HONORABLE
UNITED STATES DISTRICT JUDGE
yer
s R. Bre
e Charle
Judg

Dated:

18

A

14

RT
U
O

12

S DISTRICT
TE
C
TA

N

F
D IS T IC T O
R

C

19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION AND [PROPOSED]
ORDER EXTENDING DEADLINE TO AMEND

3

CASE NO. 3:14-cv-01822-CRB