Rubin v. Apple Inc.

Filing 19

STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE re 17 Stipulation filed by Apple Inc. Signed by Judge Phyllis J. Hamilton on 8/17/09. (nah, COURT STAFF) (Filed on 8/17/2009)

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GEORGE A. RILEY (S.B. #118304) DAVID R. EBERHART (S.B. #195474) DAVID J. SEPANIK (S.B. #221527)
[e-mail] [e-mail] [e-mail]

WHITNEY E. MCCOLLUM
[e-mail]

O'MELVENY & MYERS LLP Two Embarcadero Center, 28th Floor San Francisco, CA 94111-3823 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Apple Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Don Rubin, Plaintiff, v. Apple Inc., Defendant. Case No. CV 09 2607 PJH JOINT STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND ORDER (LOCAL RULE 16-2(e))

JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING CMC CV 09 2607 PJH

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STIPULATION Plaintiff Don Rubin and Defendant Apple Inc. (collectively, the "Parties") hereby stipulate as follows: 1. The initial Case Management Conference is currently scheduled for September 17, 2009, with a Joint Case Management Statement due September 8, 2009. (Docket No. 12.) 2. On August 5, 2009, Apple filed a motion to dismiss the complaint. (Docket No. 14.) 3. The hearing on Apple's motion to dismiss is set for September 16, 2009. 4. The Court's ruling on Apple's motion to dismiss may have a significant impact on the case and, in particular, on the subjects to be addressed at the initial Case Management Conference and in the Joint Case Management Statement. 5. In light of the foregoing, it is the Parties' view that a continuance of the Case Management Conference date and Joint Case Management Statement filing date until after the Court issues a ruling on Apple's motion to dismiss would (a) conserve the resources of the Court and the Parties and (b) contribute to a more effective initial Case Management Conference. 6. Such a continuance would have little or no effect on the overall schedule of the case.

THEREFORE, pursuant to this Court's Order Setting Case Management Conference and Civil Local Rules 7-12 and 16-2, the Parties hereby jointly request that: 1. The initial Case Management Conference be continued to a new date to be set by the Court following the Court's ruling on Apple's motion to dismiss. 2. The Joint Case Management Statement shall be filed no later than seven days before the continued date of the initial Case Management Conference.

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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING CMC CV 09 2607 PJH

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Dated: August 14, 2009

GEORGE A. RILEY DAVID R. EBERHART DAVID J. SEPANIK WHITNEY E. MCCOLLUM O'MELVENY & MYERS LLP

By: /s/ David R. Eberhart David R. Eberhart Attorneys for Defendant Apple Inc.

Dated: August 14, 2009

THOMAS A. COHEN LAW OFFICES OF THOMAS A. COHEN

By: /s/ Thomas A. Cohen Thomas A. Cohen Attorneys for Plaintiff Don Rubin

ORDER [Proposed] Pursuant to stipulation, IT IS SO ORDERED. The case management conference is continued to October 29, 2009. 17th August SIGNED on the ______ day of ____________________________, 2009.

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CT ES ______________________________________ C AT T The Honorable Phyllis J. Hamilton Judge, United States District Court for the Northern District of California ED

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