Kramer v. Autobytel Inc et al

Filing 87

ORDER re 82 Granting Stipulation TO MODIFY THE UNITED STATES TIME TO INTERVENE AND RESET HEARINGS ON MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE. Case Management Conference set for 11/18/2010 02:00 PM. Motion Hearing set for 11/18/2010 02:00 PM. Signed by Judge Claudia Wilken on 8/23/2010. (ndr, COURT STAFF) (Filed on 8/23/2010)

Kramer v. Autobytel Inc et al

Doc. 87

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

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CHRISTOPHER KRAMER, individually and on ) behalf of all others similarly situated, ) ) ) Plaintiff, ) ) v. ) AUTOBYTEL, INC., a Delaware corporation, ) ) and B2MOBILE, LLC, a California limited liability company, and LEADCLICK MEDIA, ) ) INC., a California corporation, ) ) Defendants. )

No. 10-cv-02722-CW STIPULATION TO MODIFY THE UNITED STATES' TIME TO INTERVENE AND RESET HEARINGS ON MOTIONS TO DISMISS AND CASE MANAGEMENT CONFERENCE Honorable Claudia A. Wilken

STIPULATION TO MODIFY THE UNITED STATES' TIME TO INTERVENE AND RESET HEARINGS (10-cv-02722-CW)

Dockets.Justia.com

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STIPULATION TO MODIFY THE UNITED STATES' TIME TO INTERVENE AND TO RESET HEARING ON MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE Plaintiff Christopher Kramer and Defendants Autobytel, Inc., B2Mobile, LLC, and LeadClick Media, Inc., stipulate as follows: 1. On July 14, 2010, Defendants B2Mobile, LLC and LeadClick Media filed

separate Motions to Dismiss Plaintiff's First Amended Complaint, including a constitutional challenge to the Telephone Consumer Protection Act ("TCPA") (47 U.S.C. 227). (Dkt. Nos. 58 & 66). 2. On July 14, 2010, Plaintiff, B2Mobile, and LeadClick Media filed a signed

stipulation setting forth an agreed briefing schedule for B2Mobile and LeadClick Media's Motions to Dismiss, pursuant to which Plaintiff was required to file any opposition by August 9, 2010, B2Mobile and LeadClick Media were required to file any reply to that opposition by August 26, 2010, and a hearing before this Court would be held on September 9, 2010. (Dkt. No. 61). 3. On July 20, 2010, this Court issued a Certification Order pursuant to 28 U.S.C.A.

Section 2403(a) and Federal Rule of Civil Procedure 5.1, giving notice to the United States Attorney General of the present challenge to the TCPA. (Dkt. No. 71). Federal Rule of Civil Procedure 5.1 states: Unless the court sets a later time, the attorney general may intervene within 60 days after the notice is filed or after the court certifies the challenge, whichever is earlier. Before the time to intervene expires, the court may reject the constitutional challenge, but may not enter a final judgment holding the statute unconstitutional. 4. Pursuant to the stipulated briefing schedule, on August 9, 2010, Plaintiff

Christopher Kramer filed a Combined Opposition to B2Mobile and LeadClick Media's Motions to Dismiss. (Dkt. No. 78). 5. On August 11, 2010, the Parties were contacted by Kyle R. Freeny, of the

Department of Justice, for the purpose of notifying the Parties of the United States' interest in

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STIPULATION TO MODIFY THE UNITED STATES' TIME TO INTERVENE AND RESET HEARINGS (10-cv-02722-CW)

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intervening in the present case. Ms. Freeny further sought a thirty-day extension to decide whether the United States would intervene. 6. In light of the United States' pending decision to intervene, the Parties stipulate

that the United States shall have until October 12, 2010, to decide if it will intervene and file any documents in support of its position. 7. Under FRCP 5.1, the Court is prohibited from granting Defendants' constitutional

challenge until September 20, 2010, at the earliest. Therefore, the Parties stipulate to continue both the hearing on the Motions to Dismiss (currently set for September 9, 2010) and the Case Management Conference (currently set for October 1, 2010) to November 18, 2010 at 2 P.M., or such other time as the Court deems appropriate. 8. Pursuant to the stipulated briefing schedule, Defendants B2Mobile and LeadClick

Media shall file their Replies to Plaintiff's Opposition to their Motions to Dismiss either by August 26, 2010, as previously stipulated by the parties, or at such later date as the Court may determine after hearing the anticipated motion by B2Mobile and LeadClick to enlarge time. 9. Notwithstanding the above revised schedule, the Parties stipulate that Defendants

B2Mobile and LeadClick Media may reply, on or before November 1, 2010, in response to any documents filed by the United States on or before October 12, 2010. Dated: August 18, 2010 EDELSON McGUIRE, LLC Attorneys for Plaintiff By: /s/ Christopher L. Dore Christopher Dore

Dated: August 18, 2010

SUMMIT LAW GROUP PLLC Attorneys for Defendant B2Mobile, LLC By: /s/ Philip S. McCune Philip S. McCune

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STIPULATION TO MODIFY THE UNITED STATES' TIME TO INTERVENE AND RESET HEARINGS (10-cv-02722-CW)

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STIPULATION TO MODIFY THE UNITED STATES' TIME TO INTERVENE AND RESET HEARINGS (10-cv-02722-CW)

Dated: August 18, 2010

DAVIS WRIGHT TREMAINE LLP Attorneys for Defendant Autobytel Inc. By: /s/ Randy Gainer Randy Gainer

Dated: August 18, 2010

REED SMITH, LLP Attorneys for Defendant LeadClick Media, Inc. By: /s/ Roxanne M. Wilson Roxanne M. Wilson

PURSUANT TO STIPULATION, IT IS SO ORDERED. August 23rd DATED this _____ day of _______________, 2010.

_______________________________________ THE HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT COURT JUDGE