Prosterman et al v. Airline Tariff Publishing Company, et al

Filing 92

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE; SETTING BRIEFING SCHEDULE ON MOTIONS TO DISMISS. Signed by Judge Maxine M. Chesney on August 18, 2016. (mmclc2, COURT STAFF) (Filed on 8/18/2016)

1
2
3

COOLEY LLP
JOHN C. DWYER (136533) ([e-mail])
3175 Hanover Street
Palo Alto, CA 94304-1130
Telephone:
[phone]
Facsimile:
[phone]

4
5
6
7
8
9
10
11
12
13
14
15

COOLEY LLP
J. PARKER ERKMANN (489965) (Pro Hac Vice)
([e-mail])
DEE BANSAL (1001754) (Pro Hac Vice)
([e-mail])
DAVID BURNS (1010418) (Pro Hac Vice)
([e-mail])
1299 Pennsylvania Ave., NW
Suite 700
Washington, D.C. 20004
Telephone:
[phone]
Facsimile:
[phone]
COOLEY LLP
JON F. CIESLAK (268951) ([e-mail])
4401 Eastgate Mall
San Diego, CA 92121-1909
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
AIRLINE TARIFF PUBLISHING COMPANY

16
17

UNITED STATES DISTRICT COURT

18

NORTHERN DISTRICT OF CALIFORNIA

19

SAN FRANCISCO DIVISION

20
21

CYNTHIA PROSTERMAN ET AL.,
Plaintiffs,

22
23
24
25
26

v.
AIRLINE TARIFF PUBLISHING
COMPANY, AMERICAN AIRLINES, INC.,
DELTA AIR LINES, INC. and UNITED
AIRLINES, INC.,

Case No. 3:16-cv-02017-MMC
STIPULATION AND PROPOSED ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE ; SETTING BRIEFING
SCHEDULE ON MOTIONS TO DISMISS

Defendants.

27
28
COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

STIPULATION AND PROPOSED ORDER
CONTINUING CMC
CASE NO. 3:16-CV-02017-MMC

1

WHEREAS, Plaintiffs filed their original Complaint on April 18, 2016; and

2

WHEREAS, the Parties stipulated that responses to the Complaint would be due on June 1,

3

2016 (ECF 52); and

4
5
6
7
8
9

WHEREAS, the Case Management Conference was originally schedule for July 22, 2016;
and
WHEREAS, the Court continued the Case Management Conference to August 26, 2016
following the scheduling of a motion to dismiss hearing on July 22, 2016 (ECF 77); and
WHEREAS, pursuant to stipulation, the Court scheduled the deadline for Rule 26(a)(1)
initial disclosures and Rule 26(f) report for August 19, 2016 (ECF 79); and

10

WHEREAS, Plaintiffs filed their Amended Complaint on August 12, 2016; and

11

WHEREAS, having reviewed the Amended Complaint, Defendants will be filing a motion to

12
13
14
15
16

dismiss the Amended Complaint and believe that a Case Management Conference is premature; and
WHEREAS, there have been no previous time modifications in the case other than those
identified above, whether by stipulation or Court order;
WHEREAS, no other dates scheduled by the Court would be affected by the requested
modification;

17

NOW, THEREFORE, the parties hereby STIPULATE and request that the Court continue

18

the Case Management Conference and set a briefing schedule for the anticipated motion to dismiss

19

as follows:

20



Motion to dismiss due on September 2, 2016;

21



Opposition to motion to dismiss due on September 16, 2016;

22



Reply in support of motion to dismiss due on September 30, 2016;

23



Hearing on motion to dismiss on October 21, 2016;

24



Rule 26(a)(1) Initial Disclosures, Rule 26(f) Report, and Case Management Conference

25
26

statements due on October 28, 2016; and


Case Management Conference on November 4, 2016.

27
28
COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

1

STIPULATION AND PROPOSED ORDER
CONTINUING CMC
CASE NO. 3:16-CV-02017-MMC

1

Dated: August 17, 2016

2

COOLEY LLP
/s/ John C. Dwyer
John C. Dwyer (136533)

3

Attorneys for Defendant
AIRLINE TARIFF PUBLISHING COMPANY

4
5
6

Dated: August 17, 2016

BOIES, SCHILLER & FLEXNER LLP
/s/ Beko O. Reblitz-Richardson
Beko O. Reblitz-Richardson (238027)

7
8

Attorneys for Defendant
DELTA AIRLINES, INC.

9
10
Dated: August 17, 2016

LATHAM & WATKINS LLP

11
/s/ Daniel M. Wall
Daniel M. Wall (102580)

12
13

Attorneys for Defendant
AMERICAN AIRLINES, INC.

14
15

Dated: August 17, 2016

/s/ Peter K. Huston
Peter K. Huston (150058)

16
17

Attorneys for Defendant
UNITED AIRLINES, INC.

18
19
20
21
22

SIDLEY & AUSTIN LLP

Dated: August 17, 2016

ALIOTO LAW FIRM
/s/ Joseph M. Alioto
Joseph M. Alioto (42680)
Attorneys for Plaintiffs

23
24
25
26
27
28
COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

2.

STIPULATION AND PROPOSED ORDER
CONTINUING CMC
CASE NO. 3:16-CV-02017-MMC

1
2

Pursuant to Local Rule 5-1(i)(3), I hereby attest that concurrence in the filing of this
document has been obtained from the above signatories.

3
4

Dated: August 17, 2016

COOLEY LLP
/s/ John C. Dwyer
John C. Dwyer (136533)

5
6

Attorneys for Defendant
AIRLINE TARIFF PUBLISHING COMPANY

7
8
9
10

PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: ____________, 2016
August 18

11
12
13

Hon. Maxine M. Chesney
United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

3.

STIPULATION AND PROPOSED ORDER
CONTINUING CMC
CASE NO. 3:16-CV-02017-MMC