Pimental v. Google, Inc. et al

Filing 67

Memorandum in Opposition re 64 Motion to Stay Litigation Based on Recently Filed FCC Petition, filed by Jessica Franklin, Nicole Pimental. (Attachments: # 1 Proposed Order)(Dore, Christopher) (Filed on 4/9/2012) Modified on 4/10/2012 (jlm, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 SEAN P. REIS (SBN 184044) (sreis@edelson.com) EDELSON MCGUIRE LLP 30021 Tomas Street, Suite 300 Rancho Santa Margarita, California 92688 Telephone: (949) 459-2124 Facsimile: (949) 459-2123 RAFEY S. BALABANIAN (Admitted Pro Hac Vice) (rbalabanian@edelson.com) CHRISTOPHER L. DORE (Admitted Pro Hac Vice) (cdore@edelson.com) EDELSON MCGUIRE LLC 350 North LaSalle Street, Suite 1300 Chicago, Illinois 60654 Telephone: (312) 589-6370 Attorneys for Plaintiffs and the Putative Class 11 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 OAKLAND DIVISION 15 16 NICOLE PIMENTAL and JESSICA FRANKLIN, individually and on behalf of all others similarly situated, Plaintiffs, 17 18 19 20 v. GOOGLE INC., a Delaware corporation, and SLIDE, INC., a Delaware corporation, Defendants. 21 22 23 24 25 26 27 28 11-cv-02585-YGR Case No. 11-cv-02585-YGR [PROPOSED] ORDER DENYING DEFENDANTS’ MOTION TO STAY BASED ON RECENTLY FILED FCC PETITION Date: May 1, 2012 Time: 2:00 p.m. PST Judge: Hon. Yvonne Gonzalez Rogers Action Filed: May 27, 2011 1 This matter coming before the Court on Defendants’ Motion to Stay Based on 2 Recently Filed FCC Petition, due and adequate notice having been given, and the Court being 3 duly advised in the premises, 4 IT IS HEREBY ORDERED and ADJUDGED: 5 1. Defendants have provided no basis on which this Court should invoke the 6 doctrine of primary jurisdiction or otherwise stay this case pending a ruling by the Federal 7 Communications Commission. 8 2. 9 DENIED. Defendants’ Motion to Stay Based on Recently Filed FCC Petition is thereby 10 11 DATED this _____ day of _______________, 2012. 12 13 ____________________________________________ HONORABLE YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11-cv-02585-YGR 2

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