Hicks et al v. PGA Tour, Inc.

Filing 17

Order by Hon. Vince Chhabria granting 16 Stipulation Re Venue Motion and Deadline to Answer.(knm, COURT STAFF) (Filed on 2/23/2015)

1 RAOUL D. KENNEDY (Bar No. 40892)
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
2 525 University Avenue, Suite 1400
Palo Alto, California 94301
3 Telephone: [phone]
Facsimile: [phone]
4 Email:
[e-mail]
5 JEFFREY A. MISHKIN (pro hac vice pending)
ANTHONY J. DREYER (pro hac vice pending)
6 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
Four Times Square
7 New York, NY 10036
Telephone: [phone]
8 Facsimile: [phone]
Email:
[e-mail]
9 Email:
[e-mail]
10

Attorneys for Defendant
11 PGA TOUR, Inc.
12
13

UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA

15

SAN FRANCISCO DIVISION

16 WILLIAM MICHAEL HICKS and
KENNETH HARMS, as Class Representative
17 Plaintiffs, et al.
18
19

CASE NO. 3:15-cv-00489-VC
STIPULATION AND [PROPOSED]
ORDER

Plaintiffs,
v.

20 PGA TOUR, INC.
21

Defendants.

22
23
24
25
26
27
28

STIPULATION AND [PROPOSED] ORDER

CASE NO. 3:15-cv-00489-VC

1

Plaintiffs William Michael Hicks and Kenneth Harms, as Class Representative Plaintiffs, et

2 al. (collectively, the “Plaintiffs”) and Defendant PGA TOUR, INC. (the “TOUR”), through their
3 respective counsel, hereby stipulate and agree as follows:
4

WHEREAS Plaintiffs filed the Complaint in this action on February 3, 2015;

5

WHEREAS service of the Complaint, Summons, and supporting documents was effected

6 on or about February 11, 2015;
7

WHEREAS, the TOUR has informed Plaintiffs that it intends to move to transfer venue in

8 this action to the Middle District of Florida;
WHEREAS, the parties have agreed that the TOUR’s time to answer, move, or otherwise

9

10 plead in response to the Complaint shall be extended through resolution of the TOUR’s
11 forthcoming motion to transfer venue;
12

WHEREAS, Plaintiffs reserve the right to seek (and the TOUR reserves the right to oppose)

13 discovery in connection with the TOUR’s motion to transfer venue, which discovery, if permitted,
14 would affect any briefing schedule on such motion;
15

IT IS HEREBY STIPULATED AND AGREED that, pursuant to Civil Local Rule 6-1:

16

1.

On or before March 6, 2015, the TOUR will move to transfer venue in this action to

17 the Middle District of Florida;
18

2.

Promptly after the filing of the TOUR’s motion to transfer venue, the parties (a) will

19 meet-and-confer regarding whether any venue-related discovery is necessary, and to set a proposed
20 briefing schedule for the motion to transfer, and (b) shall submit a proposed schedule to the Court;
21 and
22

3.

The TOUR will answer, move, or otherwise plead in response to the Complaint

23 within 30 days of the entry of an order on its motion to transfer venue;
24

IT IS FURTHER STIPULATED AND AGREED that this Stipulation does not constitute a

25 waiver of any other defense including, but not limited to, the defenses of lack of personal or subject
26 matter jurisdiction or improper venue.
27
28

STIPULATION AND [PROPOSED] ORDER

CASE NO. 3:15-cv-00489-VC

1 DATED: February 20, 2015
2

SKADDEN, ARPS, SLATE, MEAGHER & FLOM, LLP

3
4

By:

5
6

/s/ Raoul D. Kennedy
RAOUL D. KENNEDY
JEFFREY A. MISHKIN (pro hac vice pending)
ANTHONY J. DREYER (pro hac vice pending)
Attorneys for Defendant
PGA TOUR, INC.

7
8
9 DATED: February 20, 2015
10

THE LANIER LAW FIRM, P.C.

11

By:

/s/ Lee Cirsch
LEE CIRSCH
Attorneys for Plaintiffs William Michael Hicks and
Kenneth Harms, as Class Representative Plaintiffs, et al.

12
13
14
15
16
17
18

ECF ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3), the filer of this document attests that concurrence in
the filing of this document has been obtained from each of the other signatories above.

19

/s/ Raoul D. Kennedy

20
21
22
23
24
25
26
27
28
2
STIPULATION AND [PROPOSED] ORDER

CASE NO. 3:15-cv-00489-VC

1

[PROPOSED] ORDER

2 PURSUANT TO STIPULATION, IT IS SO ORDERED.
3
Date: February 23, 2015
4

The Honorable Vince Chhabria
United States District Court Judge

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
STIPULATION AND [PROPOSED] ORDER

CASE NO. 3:15-cv-00489-VC