Frenzel v. Aliphcom

Filing 17

ORDER re 16 STIPULATION to Continue Hearing and Modify Briefing Schedule. Response due by 11/10/2014. Reply due by 11/25/2014. Motion Hearing set for 12/17/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 10/30/2014. (jmdS, COURT STAFF) (Filed on 10/30/2014)

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VINSON & ELKINS LLP
Mortimer H. Hartwell, Bar No. 154556
[e-mail]
525 Market Street, Suite 2750
San Francisco, CA 94105-2763
Tel: [phone]
Fax: [phone]

BURSOR & FISHER, P.A.
L. Timothy Fisher (State Bar No. 191626)
Annick M. Persinger (State Bar No. 272996)
Julia A. Luster (State Bar No. 295031)
1990 North California Boulevard, Suite 940
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]

MORGAN, LEWIS & BOCKIUS LLP
Howard Holderness, Bar No. 169814
[e-mail]
Jeremy N. Lateiner, Bar No. 238472
[e-mail]
Lyndsey C. Heaton, Bar No. 262883
[e-mail]
One Market, Spear Street Tower
San Francisco, CA 94105-1126
Tel: [phone]
Fax: [phone]

Attorneys for Plaintiff
Robert Frenzel

Attorneys for Defendant
AliphCom dba Jawbone

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERT FRENZEL, individually and on
behalf of all others similarly situated,

Case No. 3:14-cv-03587 WHO

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STIPULATION AND ORDER
CONTINUING HEARING ON
DEFENDANT ALIPHCOM DBA
JAWBONE’S MOTION TO DISMISS
COMPLAINT AND MODIFYING
BRIEFING SCHEDULE

Plaintiff,
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vs.
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ALIPHCOM d/b/a JAWBONE,
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Defendant.
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Date:
Time:
Judge:
Dept.:

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Date of Filing:

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December 10, 2014
2:00 p.m.
Hon. William H. Orrick
Courtroom 2, 17th Floor
August 7, 2014

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Pursuant to Civil Local Rule 6-1, plaintiff Robert Frenzel (“Plaintiff”) and defendant

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AliphCom dba Jawbone (“Defendant,” and jointly with Plaintiff, the “Parties”), through their

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respective counsel of record herein, hereby agree and stipulate to the following:

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIP & PROPOSED ORDER RE:
CONTINUING HEARING & MODIFYING
BRIEFING SCHEDULE 3:14-CV-03587
WHO

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STIPULATION
WHEREAS, on or about August 7, 2014, Plaintiff filed the complaint in the abovecaptioned action (the “Complaint”);
WHEREAS, after Defendant indicated its intent to file a Motion to Dismiss pursuant to

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Federal Rule of Civil Procedure 12 in response to the Complaint, the Parties submitted a

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stipulation and proposed order on September 11, 2014, requesting an extended briefing schedule;

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WHEREAS, on September 12, 2014, the Court issued an Order setting the hearing on

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Defendant’s Motion to Dismiss for December 10, 2014, at 2:00 p.m., and requiring the motion to

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be filed by September 29, 2014, the opposition to be filed by November 3, 2014, and the reply, if

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any, to be filed by November 21, 2014;

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WHEREAS, Defendant filed its Motion to Dismiss on September 29, 2014;

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WHEREAS, Defendant’s counsel is no longer available for the hearing on December 10,

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2014, due to the scheduling of depositions in another matter that cannot reasonably be moved,

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and therefore the Parties have met and conferred on a mutually agreeable continuance of the

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hearing and corresponding adjustment to the briefing schedule;

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NOW, THEREFORE, the Parties hereby stipulate and jointly move the Court for the

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following continuance of the hearing on Defendant’s Motion to Dismiss and adjustment to the

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briefing schedule:

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1.

Plaintiff shall file and serve his opposition papers by November 10, 2014;

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2.

Defendant shall file and serve its reply papers, if any, by November 25, 2014; and

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3.

The hearing shall be continued to December 17, 2014 at 2:00 p.m.

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Dated: October 28, 2014

BURSOR & FISHER, P.A.
By _______/s/ L. Timothy Fisher
L. TIMOTHY FISHER
Attorneys for Plaintiff, Robert Frenzel

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIP & PROPOSED ORDER RE:
CONTINUING HEARING & MODIFYING
BRIEFING SCHEDULE 3:14-CV-03587
WHO

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Dated: October 28, 2014

VINSON & ELKINS LLP

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By _______/s/ Mortimer H. Hartwell
MORTIMER H. HARTWELL

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Attorneys for Defendant, AliphCom dba Jawbone
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FILER’S ATTESTATION

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I, Mortimer H. Hartwell, am the ECF user whose identification and password are being

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used to file this Stipulation and [Proposed] Order Continuing Hearing on Defendant AliphCom

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dba Jawbone’s Motion to Dismiss Complaint and Modifying Briefing Schedule. Pursuant to L.R.

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5-1(i)(3), I hereby attest that concurrence in the electronic filing of this document has been

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obtained from each of the other signatories.

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Dated: October 28, 2014

By

/s/ Mortimer H. Hartwell_________
Mortimer H. Hartwell

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIP & PROPOSED ORDER RE:
CONTINUING HEARING & MODIFYING
BRIEFING SCHEDULE 3:14-CV-03587
WHO

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ORDER
Pursuant to the Stipulation between the Parties, it is hereby ORDERED that Plaintiff’s

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opposition to Defendant AliphCom dba Jawbone’s Motion to Dismiss shall be filed no later than

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November 10, 2014; and the reply, if any, shall be filed no later than November 25, 2014. This

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matter will be heard on December 17, 2014 on the law and motion calendar at 2:00 p.m. in

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Courtroom 2.

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IT IS SO ORDERED.

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Dated: October 30, 2014

_________________________
Hon. William H. Orrick

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIP & PROPOSED ORDER RE:
CONTINUING HEARING & MODIFYING
BRIEFING SCHEDULE 3:14-CV-03587
WHO