Shin v. ICON Foundation

Filing 39

ORDER granting #38 STIPULATION re: #37 MOTION to Strike #28 Amended Complaint. Response due by 3/5/2021. Reply due by 3/19/2021. Signed by Judge William H. Orrick on 02/16/2021. (jmdS, COURT STAFF) (Filed on 2/16/2021)

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Kyle W. Roche (pro hac vice)
Edward Normand (pro hac vice)
Ivy T. Ngo (SBN 249860)
Daniel M. Stone (pro hac vice)
ROCHE CYRULNIK FREEDMAN LLP
99 Park Avenue, 19th Floor
New York, NY 10016

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Katherine Eskovitz (SBN 255105)
ROCHE CYRULNIK FREEDMAN LLP
1158 26th Street No. 175
Santa Monica, CA 90403

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Counsel for Plaintiff Mark Shin

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARK SHIN,

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Plaintiff,

vs.

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ICON FOUNDATION,
Defendant.

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)
) Case Number: 3:20-cv-07363-WHO
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) JOINT STIPULATION AND
) ORDER REGARDING MOTION TO
) STRIKE SCHEDULING
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The parties to the above-entitled action, Mark Shin (“Plaintiff”) and Icon Foundation
(“Defendant” or “ICON,” and together with Plaintiff, the “Parties”), by and through their
undersigned counsel, hereby stipulate as follows:
WHEREAS, on October 20, 2020, Plaintiff filed a complaint against Defendant, Dkt. No.
1 (the “Initial Complaint”);
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JOINT STIPULATION AND
[PROPOSED] ORDER REGARDING MOTION TO STRIKE SCHEDULING
3:20-cv-07363-WHO

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WHEREAS, on December 18, 2020, Defendant filed a motion to dismiss the Initial
Complaint pursuant to Fed. R. Civ. P. 12(b)(6), Dkt. No. 25;
WHEREAS, on January 8, 2021, Plaintiff filed an amended complaint as a matter of
course pursuant to Fed. R. Civ. P. 15(a)(1)(B), Dkt. No. 28 (the “Amended Complaint”);
WHEREAS, on January 22, 2021, the Court granted the Parties’ stipulation regarding
ICON’s Motion to Dismiss the Amended Complaint and set a hearing on the Motion to Dismiss
for April 7, 2021 at 2 p.m., Dkt. No. 31;
WHEREAS, ICON filed its Motion to Dismiss the Amended Complaint in accordance
with that schedule on March 5, 2021, Dkt. No. 36;
WHEREAS, ICON also filed a Special Motion to Strike Allegations in the Amened
Complaint Pursuant to Cal. Civ. Proc. Code § 425.16 on March 5, 2021, and such Motion was

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also noticed for a hearing on April 7, 2021 at 2 p.m., Dkt. No. 37; and
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WHEREAS, the Parties have conferred on a proposed schedule for the remaining motion
practice;
IT IS ACCORDINGLY STIPULATED, by and between the undersigned counsel for the
Parties, subject to the Court’s approval, as follows:
1)

On or before March 5, 2021, Plaintiff will file a brief in opposition to Defendant’s

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motion to strike.

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2)

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motion to strike.

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On or before March 19, 2021, Defendants will file a reply in further support of its

Dated: February 16, 2021

/s/ Kyle Roche

Kyle W. Roche (pro hac vice)
Edward Normand (pro hac vice)
Katherine Eskovtiz
Ivy T. Ngo
Daniel M. Stone (pro hac vice)
Attorneys for Plaintiff Mark Shin

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JOINT STIPULATION AND
[PROPOSED] ORDER REGARDING MOTION TO STRIKE SCHEDULING
3:20-cv-07363-WHO

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Dated: February 16, 2021
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/s/ Christopher Wanger
Christopher Wanger
Rebecca Rettig (pro hac vice)
Misa K. Eiritz
Attorneys for Defendant Icon Foundation

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IT IS SO ORDERED.
Dated:February 16, 2021
HON. WILLIAM H. ORRICK, UNITED STATES
DISTRICT JUDGE

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JOINT STIPULATION AND
[PROPOSED] ORDER REGARDING MOTION TO STRIKE SCHEDULING
3:20-cv-07363-WHO