Taamneh et al v. Twitter, Inc. et al

Filing 51

STIPULATION AND ORDER re #50 RESETTING CMC TO 5/31/2018 AT 9:30 A.M. filed by Twitter, Inc. Signed by Judge Edward M. Chen on 2/27/18. (bpf, COURT STAFF) (Filed on 2/27/2018)

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KEITH ALTMAN (CA SBN 257309)
[e-mail]
EXCOLO LAW, PLLC
26700 Lahser Road, Suite 401
Southfield, MI 48033
Telephone: [phone]

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ARI KRESCH (pro hac vice to be applied for)
[e-mail]
1-800-LAWFIRM
26700 Lahser Road, Suite 401
Southfield, MI 48033
Telephone: [phone]
THEIDA SALAZAR (CA SBN 295547)
[e-mail]
LAW OFFICE OF THEIDA SALAZAR
2140 N Hollywood Way, #7192
Burbank, CA 91510
Telephone: [phone]

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Attorneys for Plaintiffs

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MARK D. FLANAGAN (CA SBN 130303)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
TWITTER, INC.

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SETH P. WAXMAN (pro hac vice)
[e-mail]
PATRICK J. CAROME (pro hac vice)
[e-mail]
ARI HOLTZBLATT (pro hac vice)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
1875 Pennsylvania Avenue, NW
Washington, D.C. 20006
Telephone: [phone]
Facsimile: [phone]

DAVID H. KRAMER (CA SBN 168452)
[e-mail]
LAUREN GALLO WHITE (CA SBN 309075)
[e-mail]
KELLY M. KNOLL (CA SBN 305579)
[e-mail]
WILSON SONSINI
GOODRICH & ROSATI, P.C.
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]

KRISTIN A. LINSLEY (CA SBN 154148)
[e-mail]
GIBSON, DUNN & CRUTCHER LLP
555 Mission Street, Suite 3000
San Francisco, CA 94105-0921
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
FACEBOOK, INC.

Attorneys for Defendant
GOOGLE LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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MEHIER TAAMNEH, et al.,

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Plaintiffs,
v.
TWITTER, INC., et al.,

Case No. 3:17-cv-04107-EMC
STIPULATED REQUEST TO CONTINUE
INITIAL CASE MANAGEMENT
CONFERENCE
Judge: Hon. Edward M. Chen

Defendants.

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CASE NO. 3:17-CV-04107-EMC

STIP. REQUEST AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE

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Pursuant to Fed. R. Civ. P. 6(b)(1) and Civil Local Rules 6-1(b) and 6-2, Defendants

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Twitter, Inc.; Google LLC; and Facebook, Inc., and Plaintiffs Mehier Taamneh, Lawrence

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Taamneh, Dimana Taamneh, and Sara Taamneh (collectively, the “Parties”), by and through

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their respective counsel of record, hereby stipulate as follows:

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WHEREAS Plaintiffs filed the Complaint on July 20, 2017 (Dkt. 1), and filed Waivers of
Service as to each Defendant on September 19, 2017 (Dkt. 16, 17, 18);
WHEREAS the Parties previously agreed to stay this action for 60 days in light of

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anticipated decisions in Fields v. Twitter, Inc., 9th Cir. No. 16-17165, and several other cases

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filed by Plaintiffs’ counsel against Defendants (Dkt. 23);

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WHEREAS the Parties subsequently agreed that, in the interest of judicial economy, the

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proceedings in this action should be stayed and Defendants’ time to respond to the Complaint

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should be continued until 45 days after the mandate issues in Fields (Dkt. 46);

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WHEREAS the Court granted the Parties’ joint request to stay proceedings pending

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issuance of the mandate in Fields v. Twitter, 9th Cir. No. 16-17165 and continued the initial case

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management conference that had been scheduled for December 14, 2017, until March 1, 2018

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(Dkt. 48);

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WHEREAS the Ninth Circuit issued an opinion affirming dismissal of the Fields

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plaintiffs’ claims on January 31, 2018 (see Fields v. Twitter, Inc., __ F.3d __, 2018 WL 626800

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(9th Cir. Jan. 31, 2018)), and on February 14, 2018, the Fields plaintiffs petitioned for en banc

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rehearing;

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WHEREAS the Parties expect the mandate in Fields to issue following resolution of the
rehearing petition, at which point the stay in this case will expire;
WHEREAS counsel for all Parties had been scheduled to appear for an initial case

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management conference in another nearly identically situated case, Clayborn v. Twitter, No.

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3:17-CV-06894-LB (N.D. Cal.), in the same courthouse on the same day (March 1, 2018) as the

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initial case management conference in this case but the Clayborn Court has proposed continuing

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CASE NO. 3:17-CV-04107-EMC

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STIP. REQUEST AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE

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that conference until May 31, 2018 in light of “the procedural posture of the case,” see Clayborn,

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Dkt. 39;
WHEREAS counsel for a number of the Parties are based outside of California and it

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would reduce expenses and costs (including substantial travel-related costs) if the case

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management conferences in both this case and Clayborn could be coordinated to occur on the

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same day;
WHEREAS the Parties therefore agree that this Court, if it is amenable, should continue

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the case management conference in this case currently set for March 1, 2018, until May 31,

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2018;

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WHEREAS the entry into this stipulation by Defendants shall not waive or impair any

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defenses, including jurisdictional or venue-related defenses, that may be available to Defendants

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in this Action;

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WHEREAS this joint request is being made in good faith, is not for the purpose of delay,
and will not prejudice any party;
NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Parties,

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through their respective counsel, that the case management conference in this case currently set

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for March 1, 2018, should be continued until May 31, 2018.

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CASE NO. 3:17-CV-04107-EMC

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STIP. REQUEST AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE

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Dated: February 23, 2018

Respectfully submitted,

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/s/ Keith Altman
KEITH ALTMAN (CA SBN 257309)
[e-mail]
EXCOLO LAW, PLLC
26700 Lahser Road, Suite 401
Southfield, MI 48033
Telephone: [phone]

/s/ Ari Holtzblatt
SETH P. WAXMAN (pro hac vice)
[e-mail]
PATRICK J. CAROME (pro hac vice)
[e-mail]
ARI HOLTZBLATT (pro hac vice)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
1875 Pennsylvania Avenue, NW
Washington, D.C. 20006
Telephone: [phone]
Facsimile: [phone]

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ARI KRESCH (pro hac vice to be applied for)
[e-mail]
1-800-LAWFIRM
26700 Lahser Road, Suite 401
Southfield, MI 48033
Telephone: [phone]

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MARK D. FLANAGAN
(CA SBN 130303)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]

THEIDA SALAZAR (CA SBN 295547)
[e-mail]
LAW OFFICE OF THEIDA SALAZAR
2140 N Hollywood Way, #7192
Burbank, CA 91510
Telephone: [phone]
Attorneys for Plaintiffs

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Attorneys for Defendant
TWITTER, INC.

/s/ Kristin A. Linsley
KRISTIN A. LINSLEY (CA SBN 154148)
[e-mail]
GIBSON, DUNN & CRUTCHER LLP
555 Mission Street, Suite 3000
San Francisco, CA 94105-0921
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant

/s/ Lauren Gallo White
DAVID H. KRAMER (CA SBN 168452)
[e-mail]
LAUREN GALLO WHITE (CA SBN
309075)
[e-mail]
KELLY M. KNOLL (CA SBN 305579)
[e-mail]
WILSON SONSINI
GOODRICH & ROSATI, P.C.
650 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

FACEBOOK, INC.

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Attorneys for Defendant
GOOGLE LLC

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CASE NO. 3:17-CV-04107-EMC

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STIP. REQUEST AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE

ATTORNEY ATTESTATION

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I, Ari Holtzblatt, am the ECF User whose ID and password are being used to file this

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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE. In compliance

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with N.D. Cal. Civil L.R. 5-1(i)(3), I hereby attest that the concurrence in the filing of the

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document has been obtained from each of the other signatories.

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By: /s/ Ari Holtzblatt
Ari Holtzblatt

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CERTIFICATE OF SERVICE

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I hereby certify that on February 23, 2018, I electronically filed the above document with

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the Clerk of the Court using CM/ECF which will send electronic notification of such filing to all

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registered counsel.

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By: /s/ Ari Holtzblatt
Ari Holtzblatt

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CASE NO. 3:17-CV-04107-EMC

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STIP. REQUEST AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE

[PROPOSED] ORDER

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Having considered the Stipulated Request to Continue the Case Management

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Conference and all papers on file, and good cause appearing therefore, IT IS HEREBY

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ORDERED that the Stipulated Request to Continue the Case Management Conference is

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GRANTED in its entirety. The Court orders as follows:

until May 31, 2018.

N

M. Chen

F
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ORDERED

Judge Edward

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Honorable Edward M. Chen
United States Chen Judge
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2/27/2018
Dated: ________________

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UNIT
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IT IS SO ORDERED.

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1. The case management conference currently set for March 1, 2018 shall be continued

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CASE NO. 3:17-CV-04107-EMC

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STIP. REQUEST AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE