Diacakis v. Comcast Corporation

Filing 47

STIPULATION AND ORDER, Set/Reset Deadlines as to 41 MOTION to Dismiss Second Amended Complaint. Responses due by 3/12/2012. Replies due by 3/26/2012.. Signed by Judge ARMSTRONG on 2/16/12. (lrcS, COURT STAFF) (Filed on 2/16/2012)

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BRIAN R. STRANGE (SBN 103252)
[e-mail]
GRETCHEN A.CARPENTER (SBN 180525)
[e-mail]
JOHN P. KRISTENSEN (SBN 224132)
[e-mail]
STRANGE & CARPENTER
12100 Wilshire Blvd., Suite 1900
Los Angeles, CA 90025
Telephone: [phone]; Fax: [phone]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OKLAND DIVISION

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ATHANASSIOS DIACAKIS, individually
and on behalf of all others similarly
situated,

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Plaintiff,

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v.
COMCAST CORPORATION; and DOES
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Defendants.

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Case No. 11-cv-3002-SBA
CLASS ACTION
STIPULATION TO EXTEND TIME FOR
PLAINTIFF TO FILE AN OPPOSITION
TO DEFENDANT’S MOTION TO
DISMISS & TO EXTEND TIME FOR
DEFENDANT TO FILE A REPLY;
DECLARATION OF JOHN P.
KRISTENSEN
Hearing Date: May 15, 2012
Time: 1:00 p.m.
Courtroom: 1
Assigned to the Hon. Saundra Brown
Armstrong, Courtroom 1
Case filed on May 13, 2011

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STIPULATION TO EXTEND DEADLINES; DECLARATION OF JOHN P. KRISTENSEN

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STIPULATION

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Plaintiff Athanasius Diacakis (hereinafter “Plaintiff” or “Diacakis”) and Defendant

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Comcast Corporation (hereinafter “Comcast” or “Defendant”), by and through their respective

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counsel, hereby stipulate and agree as follows:

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WHEREAS, Comcast filed a Motion to Dismiss the Second Amended Complaint
(“SAC”) on February 13, 2012, with a hearing date on May 15, 2012;
WHEREAS, under the Local Rules, Plaintiff’s Opposition is now due on February 27,
2012, nearly 10 weeks before the May 15, 2012 hearing;

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WHEREAS, counsel for Plaintiff, John P. Kristensen, who is the senior associate

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assigned to the case and who will be primarily responsible for preparing the opposition, will be

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travelling out of the country from February 18, 2012 until March 3, 2012;

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WHEREAS, in order to accommodate Plaintiff’s counsel’s travel schedule, and in

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light of the hearing being scheduled for May 15, 2012, the parties have agreed to extend

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Plaintiff’s time to file an Opposition to the Motion to Dismiss the SAC by two weeks, until

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Monday, March 12, 2012, and Comcast’s time to file a Reply to the Opposition until Monday,

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March 26, 2012;

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WHEREAS, good cause exists to grant the continuances set forth herein for the
reasons set forth in the concurrently filed Declaration of John P. Kristensen;

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NOW THEREFORE, both parties stipulate and agree, subject to court approval, that:

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Plaintiff’s Opposition to the Motion to Dismiss the SAC will be due on Monday,

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March 12, 2012; and
Comcast’s Reply to the Opposition to the Motion to Dismiss the SAC will be due on
Monday, March 26, 2012.

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STIPULATION TO EXTEND DEADLINES; DECLARATION OF JOHN P. KRISTENSEN

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Dated: February 16, 2012

DRINKER BIDDLE & REATH LLP

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By:

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Attorneys for Defendant
COMCAST CORPORATION

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/s/
Michael J. Stortz

Dated: February 16, 2012

STRANGE & CARPENTER

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By:

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/s/
John P. Kristensen

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Attorneys for Plaintiff

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GOOD CAUSE APPEARING, IT IS SO ORDERED

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Dated: February 16, 2012

_________________________________
Hon. Saundra Brown Armstrong
United States District Judge

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STIPULATION TO EXTEND DEADLINES; DECLARATION OF JOHN P. KRISTENSEN

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