Glauser v. Twilio, Inc. et al

Filing 59

STIPULATION AND ORDER EXTENDING BRIEFING SCHEDULE ON DEFENDANTS' MOTIONS TO DISMISS re 58 Stipulation filed by Twilio, Inc., GroupMe, Inc., Brian Glauser. Signed by Judge Phyllis J. Hamilton on 10/25/11. (nah, COURT STAFF) (Filed on 10/25/2011)

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BRYAN A. MERRYMAN (134357)
J. JONATHAN HAWK (254350)
WHITE & CASE LLP
633 W. Fifth Street, Suite 1900
Los Angeles, CA 90071-2007
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
BIJAL VAKIL (192878)
JEREMY OSTRANDER (233489)
WHITE & CASE LLP
5 Palo Alto Square, 9th Floor
3000 El Camino Real
Palo Alto, CA 94306
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant
GROUPME, INC.

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JAY EDELSON (PHV)
RAFEY S. BALABANIAN (PHV)
CHRISTOPHER L. DORE (PHV)
EDELSON MCGUIRE LLC
350 North LaSalle Street, Suite 1300
Chicago, IL 60654
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff and Putative
Classes

PATRICK S. THOMPSON (160804)
ANNA HSIA (234179)
AUDREY M. LIN (271671)
GOODWIN PROCTER LLP
Three Embarcadero Center, 24th Floor,
San Francisco, CA 94111
415-733-6000
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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SEAN P. REIS (184044)
EDELSON MCGUIRE LLP
30021 Tomas Street, Suite 300
Rancho Santa Margarita, CA 92688
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]

Attorneys for Defendant TWILIO, INC.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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BRIAN GLAUSER, individually and on behalf
of a class of similarly situated individuals,
Plaintiffs,
v.
TWILIO, INC., a Delaware corporation; and
GROUPME, INC., a Delaware corporation,
Defendants.

Case No. 4:11-cv-02584-PJH
JOINT STIPULATION EXTENDING
THE PARTIES’ BRIEFING SCHEDULE
ON DEFENDANTS’ MOTIONS TO
DISMISS AMENDED COMPLAINT
Complaint Filed: May 27, 2011
Trial Date:
None set.

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4:11-CV-02584-PJH

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Pursuant to Local Rule 6-1, Plaintiff Brian Glauser, individually and on behalf of a class

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of similarly situated individuals (“Plaintiff”), and Defendants GroupMe, Inc. (“GroupMe”) and

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Twilio, Inc. (collectively referred to herein as the “Parties”), by and through their respective

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counsel of record, hereby stipulate to modify the Parties’ briefing schedule as it pertains to both

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Defendants’ Motions to Dismiss the Amended Complaint as follows:

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WHEREAS, on September 15, 2011, Plaintiff filed his amended complaint against
GroupMe and Twilio alleging violations of the TCPA.
WHEREAS, on September 29, 2011, this Court entered an order extending Defendant
GroupMe’s time to respond to Plaintiff’s amended Complaint.

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WHEREAS, on September 29, 2011, Twilio moved to dismiss the amended complaint.

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WHEREAS, on October 6, 2011, GroupMe also moved to dismiss the amended complaint.

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WHEREAS, on October 12, 2011, the Parties filed a joint stipulation to extend the briefing

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schedule on Defendants’ motions to dismiss, which the Court granted on October 14, 2011,

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setting October 20, 2011 as Plaintiff’s deadline to oppose Defendants’ motions, and November 3,

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2011, as Defendants’ deadline to reply.

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WHEREAS, Plaintiff is in need of an additional one-week extension to file his oppositions

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to Defendants’ respective motions to dismiss because Plaintiff’s counsel’s computer systems have

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experienced extended disruptions in service over the course of the past week, which has

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hampered their ability to prepare opposition papers in time to meet the October 20 filing deadline.

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WHEREAS, based on the foregoing, the Parties have agreed to extend Plaintiff’s time to

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file his opposition to both Defendants’ motions by one-week, to October 27, 2011. The Parties

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have further agreed to extend Defendants’ deadline to file any reply brief to November 17, 2011.

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WHEREAS, this extension is not sought for any improper purpose.

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WHEREAS, the extension of time sought will not alter the date of any event or deadline

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already fixed by Court Order.
NOW, THEREFORE, THE PARTIES HEREBY STIPULATE and AGREE, subject to
the approval of the Court, that:
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Plaintiff shall have until October 27, 2011, to file any opposition papers to
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4:11-CV-02584-PJH

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Defendants Twilio’s and GroupMe’s respective motions to dismiss;
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Defendants shall have until November 17, 2011, to file any reply papers in support

of their respective motions to dismiss.

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Respectfully submitted,

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Dated: October 17, 2011

WHITE & CASE LLP

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By:

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Dated: October 17, 2011

/s/ J. Jonathan Hawk
J. Jonathan Hawk
Attorneys for Defendant GroupMe, Inc.

EDELSON MCGUIRE LLC

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By:

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Dated: October 17, 2011

/s/ Rafey S. Balabanian
Rafey S. Balabanian
Attorneys for Plaintiff Brian Glauser

GOODWIN PROCTER LLP

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By:

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/s/ Patrick S. Thompson
Patrick S. Thompson
Attorneys for Defendant Twilio, Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

UNIT
ED

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DATED: October ____, 2011

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__________________________________
HONORABLE PHYLLIS J. HAMILTON
n
UNITED STATES DISTRICT iJUDGE
Ham lto
hyllis J.
Judge P

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4:11-CV-02584-PJH

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CERTIFICATE OF SERVICE

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I, Christopher L. Dore, an attorney, hereby certify that on October 17, 2011, I served the
above and foregoing Joint Stipulation Extending the Parties’ Briefing Schedule on
Defendants’ Motions to Dismiss Amended Complaint, by causing true and accurate copies of
such paper to be filed and transmitted to all counsel of record via the Court’s CM/ECF
electronic filing system.

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/s/ Christopher L. Dore

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