Kramer v. Autobytel Inc et al

Filing 131

ORDER Granting 130 STIPULATION re 127 MOTION for Attorney Fees Expenses and Incentive Award (Stipulation to Extend Time to Reply). Responses due by 1/12/2012. Signed by Judge Claudia Wilken on 1/6/2012. (ndr, COURT STAFF) (Filed on 1/6/2012)

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SEAN P. REIS - SBN 184004
[e-mail]
EDELSON MCGUIRE LLP
30021 Tomas Street, Suite 300
Rancho Santa Margarita, California 92688
Telephone: [phone]
Facsimile: [phone]
[e-mail]
JAY EDELSON (pro hac vice)
RYAN D. ANDREWS (pro hac vice)
CHRISTOPHER L. DORE (pro hac vice)
EDELSON MCGUIRE, LLC
350 N LaSalle, Suite 1300
Chicago, IL 60654
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
ATTORNEYS FOR PLAINTIFF

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CHRISTOPHER KRAMER, individually and on
behalf of all others similarly situated,
Plaintiff,

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STIPULATION TO EXTEND
TIME TO REPLY IN SUPPORT
OF PLAINTIFF’S MOTION
FOR ATTORNEYS’ FEES AND
INCENTIVE AWARD

v.
AUTOBYTEL, INC., a Delaware corporation,
and B2MOBILE, LLC, a California limited
liability company, and LEADCLICK MEDIA,
INC., a California corporation,

Honorable Claudia A. Wilken

Defendants.

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No. 10-cv-02722-CW

STIPULATION TO EXTEND
REPLY DEADLINE
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Plaintiff Christopher Kramer and Defendants B2Mobile, LLC and LeadClick Media, Inc.
hereby stipulate as follows:

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1.

On July 18, 2011, Plaintiff filed his Motion for Preliminary Approval of Class

Action Settlement Agreement. (Dkt. 121.)

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2.

On July 29, 2011, this Court granted Plaintiff’s Motion for Preliminary Approval

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and issued an order setting dates for Plaintiff to file a motion for fee award and incentive award

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(December 16, 2011), a date for putative class members to object to the Settlement (December

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30, 2011), as well as dates for Plaintiff to file a motion in support of final approval (January 12,

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2012). (Dkt. 125.) Additionally, the Court’s order set a Final Fairness hearing for January 26,

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2012. (Dkt. 125.)

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3.

On December 16, 2011, Plaintiff filed his Motion for Attorney Fees Expenses

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and Incentive Award. (Dkt. 127.) As part of the filing, Plaintiff set, through the ECF electronic

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filing system, the deadline for any opposition to the Motion for Fees and Incentive Award to

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correspond with the objection deadline set by the Court (December 30, 2011), the deadline for

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any reply brief to correspond with the deadline to move for final approval set by the Court

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(January 12, 2012). (Dkt. 127.)

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4.

Upon filing the Motion for Fees and Incentive Award, however, the Court’s ECF

system automatically generated and set January 6, 2012, as the deadline for reply papers.

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5.

On January 5, 2012, two separate filings styled as objections to the Parties’

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Settlement Agreement were filed through the Court’s electronic filing system. (Dkts. 128 &

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129.)

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6.

To the extent that Plaintiff is required to respond to these objections by the

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January 6, 2012 reply deadline set by the ECF system, the Parties hereby stipulate to extend

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Plaintiff’s reply deadline to correspond with the deadline for moving for final approval set by the

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Court, or by January 12, 2012. This additional time is necessary for Plaintiff to properly

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investigate and prepare an adequate response to the arguments raised by the recently filed

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STIPULATION TO EXTEND
REPLY DEADLINE
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objections. Moreover, as Defendants are considering filing papers in support of Plaintiff’s

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opposition to the objections, Defendants require additional time to consider and review

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Plaintiff’s potential filings.

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7.

In moving Plaintiff’s reply deadline to January 12, 2012, the present date set for

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the Final Fairness hearing will not be impacted, and no party will be prejudiced by the requested

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extension.

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WHEREFORE, the Parties hereby stipulate and agree, subject to Court approval, that

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the deadline for Plaintiff to file any reply in support of the Motion for Fees and Incentive Award,

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and address the arguments raised in the objections, shall be extended until January 12, 2012.

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Dated: January 5, 2012

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EDELSON MCGUIRE LLC
Attorneys for Plaintiff

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By:

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Dated: January 5, 2012

/s/ Christopher L. Dore
Christopher L. Dore

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SUMMIT LAW GROUP PLLC
Attorneys for Defendant B2Mobile, LLC

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By:

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Dated: January 5, 2012

/s/ Philip S. McCune
Philip S. McCune

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REED SMITH, LLP
Attorneys for Defendant LeadClick Media, Inc.

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By:

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STIPULATION TO EXTEND
REPLY DEADLINE
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/s/ Roxanne Wilson
Roxanne M. Wilson

[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
6th
DATED this _____ day of January 2012.

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_______________________________________
THE HONORABLE CLAUDIA WILKEN
UNITED STATES DISTRICT COURT JUDGE

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STIPULATION TO EXTEND
REPLY DEADLINE
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