Campbell v. EBAY,Inc. et al

Filing 28

ORDER GRANTING Stipulation to Modify Briefing Schedule re 26 Proposed Order filed by Paypal Inc, EBAY,Inc., Maggie Campbell. Signed by Judge Yvonne Gonzalez Rogers on 10/7/2013. (fs, COURT STAFF) (Filed on 10/7/2013)

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COOLEY LLP
JOHN C. DWYER (136533)
([e-mail])
HEATHER DUNN NAVARRO (238158)
([e-mail])
Five Palo Alto Square
3000 El Camino Real
Palo Alto, California 94306-2155
Telephone:
[phone]
Facsimile:
[phone]

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KARA C. WILSON (268535)
([e-mail])
1114 Avenue of the Americas
New York, New York 10036-7798
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
EBAY INC. and PAYPAL, INC.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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MAGGIE CAMPBELL, on behalf of
herself and on behalf of all persons in
California similarly situated,

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Case No. 4:13-cv-02632-YGR

ORDER GRANTING

STIPULATION TO MODIFY BRIEFING
SCHEDULE AND PROPOSED ORDER

Plaintiff,
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v.
EBAY INC. and PAYPAL, INC.,

Complaint Filed: April 23, 2013

Defendants.

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COOLEY LLP
ATTO RNEY S AT LAW
PALO AL TO

STIPULATION, CASE NO. 4:13-CV-02632-YGR

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This Stipulation is entered into by and among Plaintiff Maggie Campbell (“Plaintiff”) and

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Defendants eBay Inc. (“eBay”) and PayPal, Inc. (“PayPal”) (collectively, “Defendants”)

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(Plaintiff and Defendants collectively “the Parties”), by and through their respective counsel.

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WHEREAS, on September 5, 2013 the Court made and entered its Order granting

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Defendants’ Motion to Dismiss Plaintiff’s First Amended Complaint with leave to amend and

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setting the following schedule: Plaintiff has until no later than by October 1, 2013 to file her

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Second Amended Complaint and Defendants have until no later than October 22, 2013 to file

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their response;

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WHEREAS, Plaintiff’s counsel J. David Franklin has represented that he is the Plaintiff’s

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counsel who prepared her original and First Amended Complaint and was in the process of

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preparing her Second Amended Complaint in response to the Court’s Order dismissing the First

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Amended Complaint with leave, when he became very ill with the flu last week on Wednesday

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September 25, 2013 and is just now recovering therefrom and has been too ill to continue his

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work on the Second Amended Complaint that was interrupted by his illness to meet the Court’s

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heretofore referenced schedule for filing the Second Amended Complaint by the October 1, 2013

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date the Court ordered;

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WHEREAS, Plaintiff’s counsel J. David Franklin represents that he is now sufficiently

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recovered from his illness to complete work on the Plaintiff’s Second Amended Complaint but

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needs additional time to do so than permitted by the current schedule ordered by the Court;

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WHEREAS, Plaintiff’s counsel has requested that Defendants, in view of the above-

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described circumstances, agree to an extension of the Briefing Schedule ordered by the Court,

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subject to Court Order, to enlarge Plaintiff’s time to file her Second Amended Complaint by an

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additional three (3) days to and including Friday, October 4, 2013;

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WHEREAS, Defendants have agreed, subject to Court Order, to the requested extension

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as long as Defendants time to respond to Plaintiff’s Second Amended Complaint is also extended

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an additional three (3) days to and including October 25, 2013.

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COOLEY LLP
ATTO RNEY S AT LAW
PALO AL TO

1.
STIPULATION, CASE NO. 4:13-CV-02632-YGR

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WHEREFORE, based upon the foregoing, the Parties STIPULATE that the Court’s
previously ordered briefing schedule shall be modified as follows:

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1. Plaintiff’s Second Amended Complaint shall be filed no later than October 4, 2013;

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2. Defendants’ response to Plaintiff’s Second Amended Complaint shall be filed no later

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than October 25, 2013.

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J. David Franklin, Esq., Bar No. 41659
FRANKLIN & FRANKLIN
550 West C Street, Suite 950
San Diego, CA 92101
Tel: [phone]
Fax: [phone]
Anthony A. Ferrigno, Esq., Bar No. 61104
LAW OFFICES OF ANTHONY A. FERRIGNO
1116 Ingleside A venue
Athens, TN 37303
Tel: [phone]
Fax: [phone]
____________________________________________
BY: Anthony A. Ferrigno
Attorneys for Plaintiff

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COOLEY LLP
JOHN C. DWYER (136533)
([e-mail])
HEATHER DUNN NAVARRO (238158)
([e-mail])
KARA C. WILSON (268535)
([e-mail])
Five Palo Alto Square
3000 El Camino Real
Palo Alto, California 94306-2155
Telephone:
[phone]
Facsimile:
[phone]

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__/s/ Heather Dunn Navarro________________________
BY: Heather Dunn Navarro, Esq.
Attorneys for Defendants
EBAY INC. and PAYPAL, INC.

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COOLEY LLP
ATTO RNEY S AT LAW
PALO AL TO

2.
STIPULATION, CASE NO. 4:13-CV-02632-YGR

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PROPOSED ORDER
GOOD CAUSE appearing therefor, PURSUANT TO the above STIPULATION,
IT IS SO ORDERED.

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DATED: October ___, 2013
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____________________________________________
HONORABLE YVONNE GONZALEZ ROGERS,
UNITED STATES DISTRICT COURT JUDGE

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1176659 v1/HN

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COOLEY LLP
ATTO RNEY S AT LAW
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3.
STIPULATION, CASE NO. 4:13-CV-02632-YGR