Sweet et al v. Google, Inc.

Filing 32

STIPULATION AND ORDER re 31 re 29 MOTION to Dismiss the First Amended Complaint filed by Chuck Mere, James Sweet, Zombie Go Boom, LLC dba ZombieGoBoom. Responses due by 1/25/2018. Replies due by 2/8/2018. Motion He aring set for 3/1/2018 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Judge Edward M. Chen. Case Management Statement due by 4/26/2018. Initial Case Management Conference set for 5/3/2018 09:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 12/1/17. (bpfS, COURT STAFF) (Filed on 12/1/2017)

Case 3:17-cv-03953-EMC Document 31 Filed 12/01/17 Page 1 of 6

1
2
3
4
5
6
7
8

Todd M. Friedman (216752)
Adrian R. Bacon (280332)
Law Offices of Todd M. Friedman, P.C.
21550 Oxnard Street, Suite 780
Woodland Hills, CA 91367
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff
Attorneys for Plaintiff, JAMES SWEET; CHUCK MERE; ZOMBIE GO BOOM,
LLC, DBA ZOMBIEGOBOOM

9

UNITED STATES DISTRICT COURT

10
11
12
13

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION
JAMES SWEET; CHUCK MERE;
ZOMBIE GO BOOM, LLC, DBA
ZOMBIEGOBOOM,

14
15
16
17
18

Plaintiff,
vs.
GOOGLE, LLC; YOUTUBE, LLC; and
DOES 1-10, inclusive,

Defendant.

Case No. 3:17-cv-03953-EMC
[Hon. Edward M. Chen]
STIPULATION CONTINUING
PLAINTIFF’S DEADLINE TO FILE
OPPOSITION TO DEFENDANT’S
MOTION TO DISMISS
Complaint Filed: July 13, 2017
Current Motion Hearing Date:
January 4, 2018
New Date: TBD

19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION EXTENDING PLAINTIFF’S DEADLINE
TO FILE FIRST AMENDED COMPLAINT
-1-

Case 3:17-cv-03953-EMC Document 31 Filed 12/01/17 Page 2 of 6

1

Plaintiff, JAMES SWEET; CHUCK MERE; ZOMBIE GO BOOM, LLC,

2

DBA ZOMBIEGOBOOM, (“Plaintiff”), and Defendant, GOOGLE, INC.

3

(“Defendant”), hereby agree and stipulate as follows:

4

WHEREAS, on July 13, 2017, Plaintiff filed a purported Class Action

5

Complaint (the “Complaint”) against Defendant, and served the Complaint on

6

Defendant on or about August 4, 2017;

7

WHEREAS, on October 26, 2017, Plaintiff filed their First Amended

8

Complaint (“FAC”) against Defendant, and served the FAC on Defendant on or

9

about October 26, 2017.

10
11

WHEREAS, Defendant filed, on November 30, 2017, a motion to dismiss
Plaintiff’s FAC;

12

WHEREAS, Pursuant to Northern District of California Local Rule 7-3(a),

13

Plaintiff’s deadline to file an opposition to Defendant’s motion to dismiss is

14

December 14, 2017, only 14 days after Defendant’s filing of their motion to

15

dismiss;

16
17

WHEREAS, Defendant’s Motion to Dismiss is scheduled to be heard on
January 4, 2018;

18

WHEREAS, Plaintiff’s lead counsel will be out of the country for a period

19

of time encompassing the Motion to Dismiss’s hearing date, the parties wish to

20

continue Plaintiff’s deadline to file their opposition to Defendant’s Motion to

21

Dismiss the complaint and to research and respond adequately to Defendant’s

22

issues raised in their motion to dismiss;

23
24

WHEREAS, the parties have agreed to extend the deadline to January 25,
2018 for Plaintiff to file their opposition to Defendant’s Motion to Dismiss;

25

WHEREAS, the parties have agreed to extend the deadline to February 8,

26

2018 for Defendant to respond to the Plaintiff’s opposition to Defendant’s Motion

27

to Dismiss;

28
JOINT STIPULATION EXTENDING PLAINTIFF’S DEADLINE
TO FILE THEIR OPPOSITION TO DEFENDANT’S MOTION TO DISMISS
-2-

Case 3:17-cv-03953-EMC Document 31 Filed 12/01/17 Page 3 of 6

1

WHEREAS; the parties will request this Honorable Court to vacate the

2

January 4, 2018, hearing date for Defendant’s Motion to Dismiss the Complaint

3

and set the hearing date for Defendant’s Motion to Dismiss for March 1, 2018; and

4

WHEREAS, the parties request that the case management conference

5
6

currently scheduled for March 1, 2018, be continued to May 3, 2018;
Thus, it is hereby stipulated that:

7

1. Plaintiff’s deadline to file their opposition to Defendant’s Motion to

8

Dismiss is continued to January 25, 2018, and Defendant’s deadline to

9

submit a response is continued to February 8, 2018;

10
11
12
13

2. The January 4, 2018 hearing date for Defendant’s Motion to Dismiss the
Complaint is continued to March 1, 2018; and
3. The case management conference currently scheduled for March 1,
2018 is continued to May 3, 2018.

14
15
16

Dated: December 1, 2017

17

Law Offices of Todd M. Friedman, P.C.
By:_/s/ Todd M. Friedman____
Todd M. Friedman, Esq.
Adrian R. Bacon, Esq.
Attorneys for Plaintiff

18
19
20
21
22

Dated: December 1, 2017
P.C.

WILSON SONSINI GOODRICH & ROSATI,

23
24
25

By:_/s/ Maura L. Rees______
Maura L. Rees
Attorneys for Defendant

26
27
28
JOINT STIPULATION EXTENDING PLAINTIFF’S DEADLINE
TO FILE THEIR OPPOSITION TO DEFENDANT’S MOTION TO DISMISS
-3-

Case 3:17-cv-03953-EMC Document 31 Filed 12/01/17 Page 4 of 6

1

PURSUANT TO STIPULATION, IT IS SO ORDERED.

2

7

LI

ER

n

M. Che

A

H

10

RT

9

NO

8

dward
Judge E

R NIA

DERED

O OR
IT IS S

FO

6

UNIT
ED

5

S

4

RT
U
O

__________________
S DISTRICT
TE
C
TA
Hon. Edward M. Chen

3

N

D IS T IC T
R

OF

C

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION EXTENDING PLAINTIFF’S DEADLINE
TO FILE THEIR OPPOSITION TO DEFENDANT’S MOTION TO DISMISS
-4-

Case 3:17-cv-03953-EMC Document 31 Filed 12/01/17 Page 5 of 6

Signature Certification

1
2
3

Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative

4

Policies and Procedures Manual, I hereby certify that the content of this document

5

is acceptable to Maura L. Rees, and that I have Ms. Rees’s authorization to affix her

6

electronic signature to this document.

7

Dated: December 1, 2017

Law Offices of Todd M. Friedman, P.C.

8
9
10
11

By:_/s/ Todd M. Friedman____
Todd M. Friedman, Esq.
Adrian R. Bacon, Esq.
Attorneys for Plaintiff

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION EXTENDING PLAINTIFF’S DEADLINE
TO FILE THEIR OPPOSITION TO DEFENDANT’S MOTION TO DISMISS
-5-

Case 3:17-cv-03953-EMC Document 31 Filed 12/01/17 Page 6 of 6

1
2
3

CERTIFICATE OF SERVICE
Filed electronically on December 1, 2017, with:
United States District Court CM/ECF system

4
5
6
7
8

Notification sent electronically on December 1, 2017, to:
Honorable Judge Edward M. Chen
United States District Court
Northern District of California, San Francisco Division
And to all counsel of record

9
10

s/Todd M. Friedman
Todd M. Friedman, Esq.

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION EXTENDING PLAINTIFF’S DEADLINE
TO FILE THEIR OPPOSITION TO DEFENDANT’S MOTION TO DISMISS
-6-

Case 3:17-cv-03953-EMC Document 31-1 Filed 12/01/17 Page 1 of 2

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

10
11 JAMES SWEET; CHUCK MERE; ZOMBIE GO
BOOM, LLC, DBA ZOMBIEGOBOOM,
12
Plaintiff,
13
vs.
14
GOOGLE, LLC; YOUTUBE, LLC; and DOES 115 10, inclusive,
16

No.: 3:17-cv-03953-MEJ EMC
[PROPOSED] ORDER GRANTING
STIPULATION TO EXTEND DEADLINE
FOR PLAINTIFF TO FILE THE
OPPOSITION TO DEFENDANT’S
MOTION TO DISMISS

Defendant.

17
18
19
20
21
22
23
24
25
26
27
28
–1–
[PROPOSED] ORDER GRANTING EXTENSION

US_ACTIVE-126011724.1

Case 3:17-cv-03953-EMC Document 31-1 Filed 12/01/17 Page 2 of 2

1

Currently before the Court is the Joint Stipulation Between Plaintiff JAMES SWEET; CHUCK

2 MERE; ZOMBIE GO BOOM, LLC, DBA ZOMBIEGOBOOM (“Plaintiff”) and Defendant
3 GOOGLE, LLC; YOUTUBE, LLC (“Defendant”) To Continue The Deadline for Plaintiff to File
4 Their Opposition to Defendant’s Motion to Dismiss, by and through their counsel. Good cause
5 appearing, the Parties’ Joint Stipulation is GRANTED, and IT IS HEREBY ORDERED that the
6 deadlines in this matter will be continued as follows:
7

Plaintiff’s Opposition to Defendant’s Motion to Dismiss:

January 25, 2018

8

Defendant’s Reply:

February 8, 2018

9

Hearing on Motion to Dismiss Complaint:

1:30
March 1, 2018, at _______ p.m.

Case Management Conference:

May 3, 2018 at 9:30 a.m.

10
11
12

IT IS SO ORDERED

13
1st
Dec.
Dated this ______ day of _________, 2017

14
15

RT

21

dw
Judge E

ER

23

Chen

A

H

22

R NIA

ard M.

NO

20

A

FO

19

_______
DERED
O ORChen
Hon. Edward M.
IT IS S
IFIED
United States District Judge
S MOD

LI

18

UNIT
ED

17

RT
U
O

S

16

S DISTRICT
TE
C
TA

N

F
D IS T IC T O
R

24
25
26
27
28
–2–
[PROPOSED] ORDER GRANTING EXTENSION

C