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

Filing 99

ORDER re #96 DENYING REQUEST FOR STIPULATED ORDER REVISING BRIEFING SCHEDULE FOR MOTIONS TO DISMISS. Signed by Judge CLAUDIA WILKEN on 10/23/09. (scc, COURT STAFF) (Filed on 10/23/2009)

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Michael P. Lehmann (SBN 77152) Jon T. King (SNB 205073) Arthur N. Bailey (SNB 248460) HAUSFELD LLP 44 Montgomery Street, 34th Floor San Francisco, CA 94104 Tel: [phone] Fax: [phone] Email: [e-mail] [e-mail] Allan Steyer (SBN 100318) STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH LLP One California Street, Third Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff Edward C. O'Bannon, Jr.

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

Edward C. O'Bannon, Jr., on behalf of himself) and all others similarly situated, ) ) Plaintiff, ) ) v. ) ) NATIONAL COLLEGIATE ATHLETIC) A S S O C I A T I O N and COLLEGIATE) LICENSING COMPANY ) ) Defendants. ) ) ____________________________________ )

Case No. 4:09-cv-03329-CW ORDER DENYING REQUEST FOR STIPULATED ORDER REVISING BRIEFING SCHEDULE FOR MOTIONS TO DISMISS

4:09-cv-03329
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Pursuant to Civil L.R. 6-1(b) and 6-2, the parties, through their undersigned counsel who are authorized to enter into this stipulation on their behalf, hereby stipulate and agree to the following schedule by which Plaintiff Edward C. O'Bannon must serve and file his oppositions to Defendants' Motions to Dismiss the Complaint and by which the National Collegiate Athletic Association ("NCAA") and The Collegiate Licensing Company ("CLC") must file their reply briefs in support of such Motions. WHEREAS NCAA and CLC have filed Motions to Dismiss the Complaint in this matter; WHEREAS the parties have agreed to allow Plaintiff to serve and file his opposition to the Motions to Dismiss on November 3, 2009 and to allow the NCAA and CLC to serve and file their reply briefs in support of such Motions on November 10, 2009. The parties are not requesting any change to the November 17, 2009 hearing date for these motions, and Defendants would oppose any change to the hearing date: NOW, THEREFORE, the parties hereby stipulate that: Plaintiff will serve and file his oppositions to the Motions to Dismiss on November 3, 2009 and Defendants the NCAA and CLC will serve and file their reply briefs in support of such Motions on November 10, 2009. SO STIPULATED AND AGREED:

Dated: October __, 2009

By:

__________________________ Jason A. Geller LONG & LEVIT LLP Attorneys for Defendant NCAA

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/// /// Dated: October __, 2009

By:

___________________________ Allan Steyer STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH LLP Attorneys for Plaintiff Edward C. O'Bannon Jr.

Dated: October __, 2009

By:

___________________________ Peter M. Boyle (pro hac vice) KILPATRICK STOCKTON LLP Attorneys for Defendant CLC

THE STIPULATION IS NOT ACCEPTED. IT DOES NOT ALLOW THE COURT THE TWO WEEKS IT NEEDS TO CONSIDER THE PAPERS. IT IS SO ORDERED: Dated: October 23, 2009 ___________________________ Honorable Claudia Wilken, United States District Court

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