O'Bannon, Jr. v. National Collegiate Athletic Association et al

Filing 28

STIPULATION EXTENDING TIME TO FILE AND SERVE RESPONSIVE PLEADINGS by Collegiate Licensing Company, National Collegiate Athletic Association, Edward C. O'Bannon, Jr. (Filice, Gennaro) (Filed on 8/12/2009) Modified on 8/13/2009 (cp, COURT STAFF).

O'Bannon, Jr. v. National Collegiate Athletic Association et al

Doc. 28

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Gennaro A. Filice III, Bar No. 061112 FILICE BROWN EASSA & MCLEOD LLP 1999 Harrison Street, Suite 1800 Oakland, California 94612-3520 Telephone: [phone] Facsimile: 510.839.7940 Email: [e-mail] Peter M. Boyle (admitted pro hac vice) Constance K. Robinson (admitted pro hac vice) KILPATRICK STOCKTON LLP 607 14th Street, N.W., Suite 900 Washington, DC 20005 Email: [e-mail] [e-mail] Attorneys for Defendant COLLEGIATE LICENSING COMPANY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

EDWARD C. O'BANNON, JR., on behalf of himself and all others similarly situated, Plaintiff, v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, et al., Defendants.

Case No. 09-cv-3329 (CW) STIPULATION EXTENDING TIME TO FILE AND SERVE RESPONSIVE PLEADINGS

Pursuant to Civil L.R. 6-1(a), the parties, through their undersigned counsel who are authorized to enter into this stipulation on their behalf, hereby stipulate and agree to (1) an extension of time within which Defendants the National Collegiate Athletic Association ("NCAA") and The Collegiate Licensing Company ("CLC") must file responsive pleadings to the Complaint and (2) a schedule for Plaintiff to file a First Amended Complaint. The parties enter the Stipulation based on the following facts: WHEREAS counsel for the NCAA and CLC met and conferred with Plaintiff's counsel
STIPULATION EXTENDING TIME TO FILE AND SERVE RESPONSIVE PLEADINGS (CASE NO. 09-cv-3329 CW)
Dockets.Justia.com
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regarding an extension of time to answer the Complaint or file initial responsive pleadings and Plaintiff's counsel agreed to stipulate to an extension; WHEREAS Plaintiff's counsel has stated its intent to file a First Amended Complaint after the Court rules on a pending Administrative Motion to Consider Whether Cases Should be Related, filed July 29, 2009 in the action styled Keller v. Electronic Arts, Inc., et al., 4:09-cv01967 ("Related Case Motion"); WHEREAS the parties have agreed to allow the NCAA and CLC to serve and file their answers or initial responsive pleadings to the Complaint or First Amended Complaint within thirty (30) days after Plaintiffs file the First Amended Complaint, but no later than September 28, 2009; WHEREAS Gennaro A. Filice, III, the filer of this stipulation, pursuant to General Order No. 45, Electronic Case Filing, section 10(b), hereby attests that Jon T. King and Robert J. Wierenga concur in the filing of this stipulation. NOW, THEREFORE, the parties hereby stipulate that: 1. Plaintiff shall file an amended complaint within ten (10) days of the Court's ruling

on its Related Case Motion, but no later than August 27, 2009; and 2. Defendants the National Collegiate Athletic Association and The Collegiate

Licensing Company will serve and file their initial responsive pleadings to Plaintiff's Complaint, whether or not amended, within thirty (30) days after Plaintiff files its First Amended Complaint, but no later than September 28, 2009.

Dated: August 12, 2009

By: /s/Gennaro A. Filice III Gennaro August Filice III (SBN: 061112) FILICE BROWN EASSA & McLEOD LLP Attorneys for Defendant The Collegiate Licensing Company

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Dated: August 12, 2009

By:

/s/Robert J. Wierenga Robert J. Wierenga MILLER CANFIELD PADDOCK & STONE, P.L.C. Attorneys for Defendant National Collegiate Athletic Association

Dated: August 12, 2009

By: /s/Jon T. King Jon T. King HAUSFELD LLP Attorneys for Plaintiff Edward C. O'Bannon Jr.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Heather Hauck, declare:

PROOF OF SERVICE

I am a citizen of the United States and employed in Alameda County, California. I am over the age of eighteen years and not a party to the within-entitled action. My business address is 1999 Harrison Street, Suite 1800, Oakland, California 94612-3520. On August 12, 2009, I served a copy of the within document(s): STIPULATION EXTENDING TIME TO FILE AND SERVE RESPONSIVE PLEADINGS by transmitting via the CM/ECF system which will send notification to the email addresses registered with the Clerk of the Court. by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, the United States mail at Oakland, California addressed as set forth below. Arthur N. Bailey Hausfeld LLP 44 Montgomery Street, 34th Floor San Francisco, CA 94104 Megan E. Jones Hausfeld LLP 1700 K Street, NW, Suite 650 Washington, DC 20006 Jack Simms Tanya Chutkan Boies Schiller & Flexner LLP 5301 Wisconsin Avenue, Suite 800 Washington, DC 20015 Robert Sturtevant Eaton Morgan Lewis Bockius LLP One Market Street Spear Street Tower San Francisco, CA 94105

I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on August 12, 2009, at Oakland, California. /s/Heather Hauck Heather Hauck

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