Dickey v. Advanced Micro Devices, Inc.

Filing 88

ORDER by Judge Haywood S. Gilliam, Jr. Granting 87 Stipulation Continuing Motion to Dismiss Hearing and Case Management Conference. (ndrS, COURT STAFF) (Filed on 2/8/2017)

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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
ADVANCED MICRO DEVICES, INC.
Stewart R. Pollock (SBN – 301356)
[e-mail]
Rafey S. Balabanian*
[e-mail]
EDELSON PC
123 Townsend Street
San Francisco, California 94107
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs
TONY DICKEY and PAUL PARMER

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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Case No. 3:15-cv-04922-HSG
TONY DICKEY, and PAUL PARMER,
individually and on behalf of all others
similarly situated,
Plaintiffs,

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v.

JOINT STIPULATION AND ORDER
CONTINUING MOTION TO DISMISS
HEARING AND CASE MANAGEMENT
CONFERENCE
Hon. Haywood S. Gilliam, Jr.

ADVANCED MICRO DEVICES, INC., a
Delaware corporation,

[Local Rule 6-2]

Defendant.

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JOINT STIPULATION UNDER L.R. 6-2
CONTINUING MOT TO DISMISS HEARING
AND CASE MGT CONFERENCE 3:15-cv-04922

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Pursuant to Northern District Local Rule 6-2, Plaintiffs Tony Dickey and Paul Parmer and

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Defendant Advanced Micro Devices, Inc., by and through their undersigned counsel, hereby

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respectfully stipulate and agree, subject to Court approval, to continue the hearing on Defendant’s

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Motion to Dismiss and the parties’ Case Management Conference (presently scheduled for 2:00

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p.m. on February 23, 2017) by fourteen days. In support of this Stipulation, the parties state as

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follows:

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WHEREAS, on January 31, 2017, the Court continued the hearing on Defendant’s motion

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to dismiss and the parties’ Case Management Conference until February 23, 2017 at 2:00 p.m.,

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(dkt. 86);

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WHEREAS, counsel for Plaintiffs have a final fairness hearing in another matter on
February 23, 2017 in Chicago, Illinois that cannot be rescheduled;
WHEREAS, on February 2, 2017, counsel for Plaintiffs reached out to counsel for

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Defendant and requested that the parties’ motion hearing and Case Management Conference be

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continued for fourteen days, subject to the Court’s approval, to March 9, 2017 at 2:00 p.m.;

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WHEREAS, on February 4, 2017, counsel for Defendant indicated that they had no

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objection to the proposed March 9th Motion and Conference hearing dates;
WHEREAS, apart from continuing the February 23, 2017 motion hearing and Case

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Management Conference dates, this proposed change will not alter the date of any other event or

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any deadline already fixed by Court order;

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NOW THEREFORE, the Parties hereby STIPULATE and AGREE as follows, subject to
Court approval:
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The hearing on Defendant’s Motion to Dismiss shall be continued by fourteen

days to March 9, 2017 at 2:00 p.m., or to such other date that is convenient for the Court.
2.

The parties’ Initial Case Management Conference shall be continued by fourteen

days to March 9, 2017 at 2:00 p.m., or to such other date that is convenient for the Court.

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JOINT STIPULATION UNDER L.R. 6-2
CONTINUING MOT TO DISMISS HEARING
AND CASE MGT CONFERENCE 3:15-cv-04922

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Dated: February 8, 2017

MATTHEW D. POWERS
O’MELVENY & MYERS LLP

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By: /s/ Matthew D. Powers
Matthew D. Powers

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Attorneys for Defendant
ADVANCED MICRO DEVICES, INC.

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Dated: February 8, 2017

RAFEY S. BALABANIAN
EDELSON PC
By: /s/ Rafey S. Balabanian

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Attorneys for Plaintiffs
TONY DICKEY and PAUL PARMER

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JOINT STIPULATION UNDER L.R. 6-2
CONTINUING MOT TO DISMISS HEARING
AND CASE MGT CONFERENCE 3:15-cv-04922

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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The hearing on Defendant Advanced Micro Devices, Inc.’s Motion to Dismiss, scheduled

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for February 23, 2017, is hereby stricken and reset for Friday, March 17, 2017 at 2:00 p.m.
The parties’ Initial Case Management Conference, scheduled for February 23, 2017, is
hereby stricken and reset for March 17, 2017 at 2:00 p.m.
Dated: February 8, 2017
HON. HAYWOOD S GILLIAM, JR.
UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION UNDER L.R. 6-2
CONTINUING MOT TO DISMISS HEARING
AND CASE MGT CONFERENCE 3:15-cv-04922