Eidenmuller v. Groupon, Inc.

Filing 12

STIPULATION and Proposed Order for Continuance of Case Management Conference and Related Dates, filed by William Eidenmuller, Groupon, Inc.. (Weiss, Shirli) (Filed on 4/28/2011) Modified on 4/29/2011 (jlm, COURT STAFF).

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SHIRLI F. WEISS (Bar No. 079225)
CHRISTOPHER M. YOUNG (Bar No. 163319)
NOAH A. KATSELL (Bar No. 217090)
DLA PIPER LLP (US)
401 B Street, Suite 1700
San Diego, CA 92101-4297
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
PAUL J. HALL (Bar No. 66084)
DLA PIPER LLP (US)
555 Mission Street Suite 2400
San Francisco, CA 94105
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendant
GROUPON, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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WILLIAM EIDENMULLER, on Behalf
of Himself and All Other Similarly
Situated and the General Public,
Plaintiff,

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GROUPON, INC., a Delaware
Corporation,

STIPULATION AND [PROPOSED]
ORDER FOR CONTINUANCE OF CASE
MANAGEMENT CONFERENCE AND
RELATED DATES

v.

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CASE NO. 4:11-cv-00984 (SBA)

Case Management Conference:
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Defendants.
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Date:
Time:
Courtroom:
Judge:

June 22, 2011
2:30 p.m. via telephone
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Hon. Saundra Brown Armstrong

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DLA P IPER LLP (US)
SAN FRANCISCO

EAST\44570065.2

STIPULATION FOR CONTINUANCE OF CMC AND ATTENDANT DATES
CASE NO. 4:11-CV-00984 (SBA)

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Plaintiff William Eidenmuller (“Plaintiff”) and Defendant Groupon, Inc. (“Groupon”) by
and through their respective attorneys of record, stipulate as follows:

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1.

The initial Case Management Conference in this action is set for June 22, 2011 at

2:30 p.m. via telephone.

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2.

Pursuant to the Order Setting Initial Case Management Conference, the deadline to

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file the Rule 26(f) Report, complete initial disclosures or state objections to initial disclosures in

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the Rule 26(f) Report, and file the Case Management Conference Statement is June 8, 2011, and

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the deadline for the parties to meet and confer pursuant to Rule 26(f), file the ADR Certification,

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and file either a stipulation to ADR Process or Notice of Need for ADR Phone Conference is

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May 25, 2011.

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3.

On May 16, 2011, the Judicial Panel on Multidistrict Litigation (“JPML”) will

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hear a motion to consolidate this case, along with other cases pending against Groupon

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and certain "retailer" defendants in various district courts and involving similar allegations

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(“MDL Motion”).

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4.

The parties have previously stipulated and agreed to extend Groupon’s time to

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respond to the complaint until (i) 45 days after the filing of a Consolidated Amended Complaint

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or whatever other deadline is set by the transferee court, in the event the JPML grants the MDL

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Motion, or (ii) 45 days after service of the JPML’s decision on the MDL Motion to consolidate or

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whatever deadline is set by this Court, in the event the JPML denies the MDL Motion to

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consolidate

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5.

In light of the above, the parties hereby stipulate and request that the Court stay all

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currently pending dates and deadlines in this matter, including the Case Management Conference

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currently scheduled for June 22, 2011 at 2:30 p.m., pending the JPML’s decision on the MDL

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Motion. The parties further request that in the event the JPML denies the MDL Motion, the

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DLA P IPER LLP (US)
SAN FRANCISCO

EAST\44570065.2

STIPULATION FOR CONTINUANCE OF CMC AND ATTENDANT DATES
CASE NO. 4:11-CV-00984 (SBA)

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Court reset the Case Management Conference for a date no sooner than 45 days after service of

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the JPML’s decision on the MDL Motion.

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IT IS SO STIPULATED.

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Dated: April 28, 2011
DLA PIPER LLP (US)

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By s/ Christopher M. Young
SHIRLI F. WEISS
PAUL J. HALL
CHRISTOPHER M. YOUNG
NOAH A. KATSELL
Attorneys for Defendant
GROUPON, INC.

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Dated: April 28, 2011

BONNETT, FAIRBOURN, FRIEDMAN &
BALINT, P.C.

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By

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s/ Andrew S. Friedman
ANDREW S. FRIEDMAN
ELAINE A. RYAN
PATRICIA N. SYVERSON
TODD D. CARPENTER
Attorneys for Plaintiff
WILLIAM EIDENMULLER

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I, Christopher M. Young, attest that concurrence in the filing of this document has been

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obtained from each of the signatories. I declare under penalty of perjury under the laws of the

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United States of America that the foregoing is true and correct. Executed on this 28th day of

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April, 2011 at San Diego, California.

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By:

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s/ Christopher M. Young
CHRISTOPHER M. YOUNG
Attorney for Defendant Groupon, Inc.

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DLA P IPER LLP (US)
SAN FRANCISCO

EAST\44570065.2

STIPULATION FOR CONTINUANCE OF CMC AND ATTENDANT DATES
CASE NO. 4:11-CV-00984 (SBA)

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ORDER

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PURSUANT TO STIPULATION AND GOOD CAUSE APPEARING, IT IS HEREBY

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ORDERED that all dates and deadlines in this matter are stayed pending the decision of the

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Judicial Panel on Multidistrict Litigation (“JPML”) on the MDL Motion to consolidate. The Case

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Management Conference currently scheduled for June 22, 2011 at 2:30 p.m. is taken off calendar,

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and shall be rescheduled for a date no sooner than 45 days after service of the JPML’s decision on

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the MDL Motion, in the event the JPML denies the MDL Motion.

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IT IS SO ORDERED.

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Dated: April ___, 2011

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___________________________________
The Hon. Saundra Brown Armstrong
U.S. District Court Judge

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DLA P IPER LLP (US)
SAN FRANCISCO

EAST\44570065.2

STIPULATION FOR CONTINUANCE OF CMC AND ATTENDANT DATES
CASE NO. 4:11-CV-00984 (SBA)