James Meyers v. Facebook, Inc.

Filing 42

ORDER REGARDING A BRIEFING SCHEDULE FOR RESPONDING TO PLAINTIFF'S FIRST AMENDED COMPLAINT by Judge William H. Orrick granting 41 Stipulation. (jmdS, COURT STAFF) (Filed on 5/17/2018)

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LATHAM & WATKINS LLP
Elizabeth L. Deeley (Bar No. 230798)
[e-mail]
505 Montgomery Street, Ste. 2000
San Francisco, CA 94111
415.391.0600 / 415.395.8095 (Fax)
Andrew B. Clubok (pro hac vice)
[e-mail]
Susan E. Engel (pro hac vice)
[e-mail]
555 Eleventh Street, NW, Suite 1000
Washington, D.C. 20004
202.637.2200 / 202.637.2201 (Fax)
Counsel for Defendant Facebook, Inc.
Additional Counsel on Signature Page

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JAMES MEYERS, on behalf of himself and
all others similarly situated,
Plaintiff,

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v.
FACEBOOK, INC.,
Defendant.

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CASE NO. 3:18-cv-00062-WHO
JOINT STIPULATION AND ORDER
REGARDING A BRIEFING SCHEDULE
FOR RESPONDING TO PLAINTIFF’S FIRST
AMENDED COMPLAINT
Judge: Hon. William H. Orrick

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US-DOCS\101364797.1
ATTORNEYS AT LAW
SAN FRANCISCO

CASE NO. 3:18-cv-00062-WHO
JOINT STIP. AND ORDER
RE BRIEFING SCHEDULE

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Plaintiff James Meyers (“Plaintiff”) and defendant Facebook, Inc. (“Defendant”) enter
into this Stipulation with reference to the following:
WHEREAS, on April 16, 2018, Defendant filed a Motion to Dismiss or, in the

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Alternative, Motion to Stay in response to the complaint and set the motion for hearing on

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Wednesday, June 27, 2018 at 2:00 p.m. Dkt. 36;

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WHEREAS, the Court granted the parties request for a modified briefing schedule for

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Defendant’s motion and set the following deadlines: (1) Plaintiff’s deadline to file an opposition

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is May 21, 2018; and (2) Defendant’s deadline to file a reply in support of its Motion is June 11,

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2018. Dkt. 39;

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WHEREAS, Plaintiff filed an amended complaint on May 8, 2018. Dkt. 40;

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WHEREAS, Defendant consents to the filing of the First Amended Class Action

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Complaint (“FAC”) pursuant to Federal Rule of Civil Procedure 15(a)(2);
WHEREAS, Defendant withdraws its Motion to Stay without prejudice to refiling, and

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the parties agree that the June 27, 2018 hearing date regarding Defendant’s Motion to Stay

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should be removed from the calendar;

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WHEREAS, the parties agree that (1) Defendant shall have forty-five days to file a

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motion to dismiss or stay or otherwise respond to the FAC, (2) Plaintiff shall have twenty-eight

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days to file an opposition to any such motion, and (3) Defendant shall have twenty-one days to

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file a reply in support of its motion;

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WHEREAS, the parties respectfully request that the Court grant the attached proposed
order and order as follows:


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Defendant’s deadline to move to dismiss or stay or otherwise respond to the FAC is
June 22, 2018;

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

Plaintiff’s deadline to oppose any such motion is July 20, 2018;

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

Defendant’s deadline to reply in support of its motion shall be August 10, 2018; and

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

The June 27, 2018 hearing date on Defendant’s Motion (Dkt. 36) is vacated and

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Defendant shall set a new hearing date when it files any motion related to the FAC.
IT IS SO STIPULATED.
US-DOCS\101364797.1

ATTORNEYS AT LAW
SAN FRANCISCO

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CASE NO. 3:18-cv-00062-WHO
JOINT STIP. AND ORDER
RE BRIEFING SCHEDULE

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Dated: May 16, 2018

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LATHAM & WATKINS LLP

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By: /s/ Andrew B. Clubok
Andrew B. Clubok

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Counsel for Defendant Facebook, Inc.

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Dated: May 16, 2018

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BURSOR & FISHER, P.A.
By: /s/ L. Timothy Fisher
L. Timothy Fisher (State Bar No. 191626)
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
[phone] / [phone] (Fax)
[e-mail]

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BURSOR & FISHER, P.A.
Scott A. Bursor (State Bar No. 276006)
888 Seventh Avenue
New York, NY 10019
[phone] / [phone] (Fax)
[e-mail]

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NATHAN & ASSOCIATES, APC
Reuben D. Nathan, Esq. (Bar No. 208436)
600 W. Broadway, Suite 700
San Diego, California 92101
[phone] / [phone] (Fax)
[e-mail]

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Attorneys for Plaintiff James Meyers

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ATTESTATION

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I hereby attest that all other signatories listed, and on whose behalf this filing is submitted,
concur in this filing’s content and have authorized this filing.

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Dated: May 16, 2018

/s/ Andrew B. Clubok
Andrew B. Clubok

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US-DOCS\101364797.1
ATTORNEYS AT LAW
SAN FRANCISCO

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CASE NO. 3:18-cv-00062-WHO
JOINT STIP. AND ORDER
RE BRIEFING SCHEDULE

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS ORDERED as follows:

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1. Defendant Facebook shall have until June 22, 2018 to move to dismiss or stay, or

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otherwise respond to the First Amended Class Action Complaint (“FAC”);
2. Plaintiff James Meyers shall have until July 20, 2018 to respond to Defendant’s
motion;
3. Defendant Facebook’s deadline to reply in support of its motion shall be August 10,
2018;
4. The June 27, 2018 hearing on Defendant Facebook’s previously filed motion (Dkt.
36) is hereby vacated; and
5. Defendant Facebook shall secure a new hearing date, if necessary, when filing its
response to the FAC.

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Date: May 17, 2018

William H. Orrick
United States District Court Judge

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US-DOCS\101364797.1
ATTORNEYS AT LAW
SAN FRANCISCO

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CASE NO. 3:18-cv-00062-WHO
JOINT STIP. AND ORDER
RE BRIEFING SCHEDULE