Morgan et al v. Apple Inc.

Filing 30

STIPULATION AND ORDER RE 29 Setting Briefing Schedule And Continuing Case Management Conference. Signed by Judge Richard Seeborg on 12/29/17. (cl, COURT STAFF) (Filed on 12/29/2017)

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COOLEY LLP
MICHELLE C. DOOLIN (179445) ([e-mail])
DARCIE A. TILLY (239715) ([e-mail])
4401 Eastgate Mall
San Diego, CA 92121
Telephone: [phone]
Facsimile: [phone]
COOLEY LLP
PATRICK E. GIBBS (183174) ([e-mail])
BRETT H. DE JARNETTE (292919) ([e-mail])
3175 Hanover Street
Palo Alto, CA 94304-1130
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Apple Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DEONN MORGAN, LYDIA ZEPEDA,
SOPHIA IVY, KELLY OKOROCHA, and
JENNIFER ZIELINSKI, CHRISTOPHER
BIZZELLE, AND DANA RODENBECK
individually and on behalf of themselves and
all others similarly situated,

Case No. 4:17-cv-5277-RS
STIPULATION AND [PROPOSED] ORDER
SETTING BRIEFING SCHEDULE AND
CONTINUING CASE MANAGEMENT
CONFERENCE

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Plaintiffs,

Judge:

Hon. Richard Seeborg

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v.
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APPLE INC.,
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Defendant.
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Pursuant to Civil Local Rules 6-1(b), 6-2, and 7-12 Plaintiffs Deonn Morgan, Lydia Zepeda,

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Sophia Ivy, Kelly Okorocha, Jennifer Zielinski, Christopher Bizzelle, and Dana Rodenbeck

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(“Plaintiffs”) and Defendant Apple Inc. (“Defendant”), by and through their respective counsel

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hereby agree and stipulate that good cause exists to request an order from the Court setting the

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below briefing schedule on Apple’s anticipated Motion to Dismiss the First Amended Class Action

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Complaint (“FAC”) and rescheduling the initial Case Management Conference currently set in this

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COOLEY LLP
LP
ATTO RNEY S AT LAW

1.
STIP. AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND CONT. CMC - CASE NO. 4:17-CV-5277-RS

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action for March 1, 2018 to April 19, 2018, and to adjust accordingly the related deadlines as set

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forth below:

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WHEREAS, Plaintiffs filed their initial complaint (ECF No. 1) on September 12, 2017;

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WHEREAS, Plaintiffs filed a corrected complaint on September 13, 2017 ((ECF No. 3-1)

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the “Complaint”);
WHEREAS, on November 20, 2018, the Court entered an order (ECF No. 24) setting the

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following schedule:

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Date
December 1, 2017
January 12, 2018
February 8, 2018

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February 9, 2018

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February 22, 2018

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March 1, 2018

Event
Apple’s Motion to Dismiss the Complaint
Plaintiffs’ Opposition to Apple’s Motion to Dismiss
Apple’s Reply in support of its Motion to Dismiss
Last day to:
meet and confer re: initial disclosures, early settlement, ADR
process selection, and discovery plan
File ADR Certification by parties and counsel
File either stipulation to ADR Process or Notice of Need for ADR
Phone Conference
Last day to file Rule 26(f) Report, complete initial disclosures or
state objection in Rule 26(f) Report and file Case Management
Statement per Standing Order re Contents of Joint Case
Management Statement
Initial Case Management Conference and Hearing on Apple’s
Motion to Dismiss the Complaint

WHEREAS, on December 1, 2017, Defendant filed a Motion to Dismiss the Complaint
(ECF 26);
WHEREAS, on December 20, 2017, Plaintiffs filed the FAC (ECF No. 28), adding inter
alia plaintiffs Bizzelle and Rosenbeck in addition to new causes of action;
Apple’s response to the FAC is currently due on January 3, 2018, which is right after Court
holidays;

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WHEREAS, the parties agree that in light of the upcoming Court holidays and given that

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Plaintiffs added two new plaintiffs and new causes of action, Apple’s deadline to respond to the

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FAC should be extended to January 24, 2018;

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WHEREAS, Apple intends to file a motion to dismiss the FAC;

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COOLEY LLP
LP
ATTO RNEY S AT LAW

2.
STIP. AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND CONT. CMC - CASE NO. 4:17-CV-5277-RS

WHEREAS, the parties met and conferred regarding a hearing date after checking the

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Court’s calendar to determine the Court’s availability;
WHEREAS, based on the Court’s calendar, the parties agreed that the hearing date on

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Apple’s Motion to Dismiss should be set for April 19, 2018;

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WHEREAS, in light of the agreed upon hearing date and the upcoming Court holidays and

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the parties’ and their respective counsels’ related travel schedules, the parties agreed on the briefing

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schedule set forth below;
WHEREAS, the parties agree that to conserve judicial and party resources, the initial Case

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Management Conference should be the same day as the hearing on Apple’s Motion to Dismiss;
WHEREAS, the parties agree, in light of the above, that the following schedule should be

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set:
Date
January 24, 2018
February 21, 2018
March 14, 2018

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March 22, 2018

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April 5, 2018

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April 19, 2018

Event
Apple’s Motion to Dismiss the FAC
Plaintiffs’ Opposition to Apple’s Motion to Dismiss
Apple’s Reply in support of its Motion to Dismiss
Last day to:
meet and confer re: initial disclosures, early settlement, ADR
process selection, and discovery plan
File ADR Certification by parties and counsel
File either stipulation to ADR Process or Notice of Need for ADR
Phone Conference
Last day to file Rule 26(f) Report, complete initial disclosures or
state objection in Rule 26(f) Report and file Case Management
Statement per Standing Order re Contents of Joint Case
Management Statement
Initial Case Management Conference and Hearing on Apple’s
Motion to Dismiss the FAC

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WHEREAS this stipulation shall not be deemed a waiver of any rights or defenses by any

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party, including, but not limited to, the right of Apple to raise jurisdiction issues or to file any

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motions to dismiss or motions, the right to object to any discovery requests on any grounds, and

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this stipulation shall in no way constitute an appearance for the purpose of personal jurisdiction

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over any party;

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COOLEY LLP
LP
ATTO RNEY S AT LAW

NOW THEREFORE, THE FOLLOWING IS HEREBY STIPULATED by and between the
parties, through their respective counsel:
3.
STIP. AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND CONT. CMC - CASE NO. 4:17-CV-5277-RS

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The following deadlines will be set in this action:
Date
January 24, 2018
February 21, 2018
March 14, 2018

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March 22, 2018

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April 5, 2018

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April 19, 2018

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IT IS SO STIPULATED.

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Date: December 28, 2017

Event
Apple’s Motion to Dismiss the FAC
Plaintiffs’ Opposition to Apple’s Motion to Dismiss
Apple’s Reply in support of its Motion to Dismiss
Last day to:
meet and confer re: initial disclosures, early settlement, ADR
process selection, and discovery plan
File ADR Certification by parties and counsel
File either stipulation to ADR Process or Notice of Need for ADR
Phone Conference
Last day to file Rule 26(f) Report, complete initial disclosures or
state objection in Rule 26(f) Report and file Case Management
Statement per Standing Order re Contents of Joint Case
Management Statement
Initial Case Management Conference and Hearing on Apple’s
Motion to Dismiss the FAC

COOLEY LLP

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By: s/ Michelle C. Doolin
Michelle C. Doolin (179445)

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Attorneys for Defendant Apple Inc.

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Dated: December 28, 2017

TYCKO & ZAVAREEI LLP

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By: s/Hassan A. Zavareei
Hassan A. Zavareei (181547)
Hassan A. Zavareei (181547)
Sophia J. Goren (307971)
1828 L Street, NW, Suite 1000
Washington, DC 20036
Telephone: [phone]
Facsimile: [phone]
eMail:
[e-mail]
[e-mail]
[counsel continued on the next page]

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COOLEY LLP
LP
ATTO RNEY S AT LAW

4.
STIP. AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND CONT. CMC - CASE NO. 4:17-CV-5277-RS

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Annick Persinger (272996)
483 Ninth St, Suite 200
Oakland, CA 94607
Telephone:
[phone]
Facsimile:
[phone]
eMail: [e-mail]

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E. Powell Miller (pro hac vice forthcoming)
Mahde Abdallah (pro hac vice forthcoming)
Sharon S. Almonrode (pro hac vice forthcoming)
THE MILLER LAW FIRM, P.C.
950 West University Drive, Suite 300
Rochester, Michigan 48307
Telephone:
[phone]
Facsimile:
[phone]
eMail: [e-mail]
[e-mail]
[e-mail]

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Gregory F. Coleman (pro hac vice forthcoming)
Adam A. Edwards (pro hac vice forthcoming)
Mark E. Silvey (pro hac vice forthcoming)
GREG COLEMAN LAW PC
First Tennessee Plaza
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Telephone:
[phone]
eMail: [e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs and the Putative Class

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COOLEY LLP
LP
ATTO RNEY S AT LAW

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STIP. AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND CONT. CMC - CASE NO. 4:17-CV-5277-RS

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: ________________, 2017
12/29

__________________________________________
THE HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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COOLEY LLP
LP
ATTO RNEY S AT LAW

6.
STIP. AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND CONT. CMC - CASE NO. 4:17-CV-5277-RS