Davis v. Visa, Inc.

Filing 10

STIPULATION AND ORDER GRANTING re 9 STIPULATION WITH PROPOSED ORDER to set Briefing Schedule for Motion to Dismiss First Amended Complaint filed by Visa, Inc., Ron Davis. Signed by Magistrate Judge Kandis A. Westmore on 1/6/14. (sisS, COURT STAFF) (Filed on 1/7/2014)

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RICHARD B. GOETZ (S.B. #115666)
JACLYN A. BLANKENSHIP (S.B. #267524)
[e-mail]; [e-mail]
O’MELVENY & MYERS LLP
400 S. Hope Street
Los Angeles, CA 90071-2899
Telephone:
[phone]
Facsimile:
[phone]

CHARLES D. MARSHALL
[e-mail]
MARSHALL LAW FIRM
2121 N. California Blvd., Suite 290
Walnut Creek, CA 92596
Telephone:
[phone]
Facsimile:
[phone]

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Attorney for Plaintiff
RON DAVIS

MATTHEW D. POWERS (S.B. #212682)
[e-mail]
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3823
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
VISA, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RON DAVIS, an individual, on behalf of
himself and all others similarly situated,

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Plaintiff,
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v.
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Case No. 13-cv-5125-KAW
JOINT STIPULATION AND [PROPOSED]
ORDER TO SET BRIEFING SCHEDULE
FOR MOTION TO DISMISS PLAINTIFF’S
FIRST AMENDED COMPLAINT UNDER
L.R. 6-2

VISA, INC., a Delaware Corporation,
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Defendant.
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FAC Filed: December 16, 2013
Trial Date: None Set

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WHEREAS, Plaintiff Ron Davis (“Plaintiff”) filed his Complaint in the aboveentitled action on November 4, 2013;
WHEREAS, Plaintiff served the summons and Complaint on Defendant Visa, Inc.
(“Defendant”) on November 7, 2013;
WHEREAS, Defendant and Plaintiff filed a Joint Stipulation on November 22,

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2013 to extend the time for Defendant to respond to the initial Complaint to January 8, 2014.

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(Dkt. No. 07.) The Joint Stipulation also noted that Plaintiff intended to file an amended

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complaint on or about December 9, 2013;
WHEREAS, Plaintiff filed and served his First Amended Complaint (“FAC”) in
the above-entitled action on December 16, 2013;
WHEREAS, according to the Federal Rules of Civil Procedure 15(a)(3),
Defendant has until January 8, 2014 to respond to Plaintiff’s FAC;
WHEREAS, under this agreement and pursuant to L.R. 6-2, Defendant and

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Plaintiff (the “Parties”) have met and conferred regarding a briefing schedule, and due to

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scheduling difficulties, such as demands in other matters, the holidays, and scheduled vacation

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plans, the Parties have agreed to the following briefing schedule in order to accommodate such

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scheduling conflicts:


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Defendant’s new deadline to file a motion to dismiss, or otherwise respond,
to Plaintiff’s FAC shall be January 15, 2014;

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

Plaintiff’s deadline to file an Opposition shall be February 14, 2014;

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

Defendant’s deadline to file a Reply shall be February 28, 2014;

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WHEREAS, there have been no other extensions, either through Joint Stipulations
or Court Orders regarding a response to Plaintiff’s FAC;

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WHEREAS, this change will not alter the date of any event or any deadline

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already fixed by Court order, including the meet and confer and filings regarding ADR on

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January 14, 2014; the filing of the Rule 26(f) Report on January 28, 2014; or the Initial Case

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Management Conference on February 4, 2014 at 1:30 P.M.;

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JOINT STIP. AND [PROPOSED] ORDER TO SET
BRIEFING SCHEDULE FOR MOTION TO
DISMISS UNDER L.R. 6-2; C 13-5125-KAW

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NOW, THEREFORE, pursuant to Rule 6-2 of the Local Civil Rules of the United

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States District Court for the Northern District of California, it is hereby stipulated by and among

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Plaintiff and Defendant and through their counsel of record that Defendant shall file its motion to

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dismiss, or otherwise respond, to Plaintiff’s FAC on January 15, 2014, Plaintiff shall file his

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Opposition on February 14, 2014, and Defendant shall file its Reply on February 28, 2014.

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IT IS SO STIPULATED.

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Dated: December 31, 2013

RICHARD B. GOETZ
MATTHEW D. POWERS
JACLYN BLANKENSHIP
O’MELVENY & MYERS LLP

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By: /s/ Jaclyn Blankenship
Jaclyn Blankenship
Attorneys for Defendant
VISA, INC.

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Dated: December 31, 2013

CHARLES D. MARSHALL
MARSHALL LAW FIRM

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By: /s/ Charles D. Marshall
Charles D. Marshall

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Attorney for Plaintiff
RON DAVIS

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JOINT STIP. AND [PROPOSED] ORDER TO SET
BRIEFING SCHEDULE FOR MOTION TO
DISMISS UNDER L.R. 6-2; C 13-5125-KAW

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ATTESTATION OF FILING
Pursuant to Local Rule 5-1(i)(3) regarding signatures, I, Jaclyn Blankenship, hereby attest

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that concurrence in the filing of this Joint Stipulation and [Proposed] Order to Set Briefing

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Schedule for Motion to Dismiss Plaintiff’s First Amended Complaint Under L.R. 6-2 has been

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obtained from Charles D. Marshall with conformed signatures above.

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Dated: December 31, 2013

By: /s/ Jaclyn Blankenship
Jaclyn Blankenship
O’MELVENY & MYERS LLP
400 South Hope Street
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]

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JOINT STIP. AND [PROPOSED] ORDER TO SET
BRIEFING SCHEDULE FOR MOTION TO
DISMISS UNDER L.R. 6-2; C 13-5125-KAW

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[PROPOSED] ORDER

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The Court having considered the Joint Stipulation and [Proposed] Order to Set Briefing

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Schedule for Motion to Dismiss Plaintiff’s First Amended Complaint under L.R. 6-2 submitted

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by the parties, and good cause appearing:

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1. The Stipulation is approved;  

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2. Defendant shall have until January 15, 2014, to file its Motion to Dismiss Plaintiff’s

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First Amended Complaint;

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3. Plaintiff shall have until February 14, 2014, to file any Opposition; and

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4. Defendant shall have until February 28, 2014, to file any Reply.

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IT IS SO ORDERED.
1/6/14
DATED: ________________

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______________________________________
Hon. Kandis A. Westmore
UNITED STATES MAGISTRATE JUDGE

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JOINT STIP. AND [PROPOSED] ORDER TO SET
BRIEFING SCHEDULE FOR MOTION TO
DISMISS UNDER L.R. 6-2; C 13-5125-KAW

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CERTIFICATE OF SERVICE
I hereby certify that on December 31, 2013, I electronically filed the foregoing with the

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Clerk of the Court using the CM/ECF system which will send notification of such filing to the

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e-mail addresses denoted on the Electronic Mail Notice List.

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I certify under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.

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Dated: December 31, 2013

RICHARD B. GOETZ
MATTHEW D. POWERS
JACLYN BLANKENSHIP
O’MELVENY & MYERS LLP

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By: /s/ Jaclyn Blankenship
Jaclyn Blankenship
Attorneys for Defendant
VISA, INC.

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JOINT STIP. AND [PROPOSED] ORDER TO SET
BRIEFING SCHEDULE FOR MOTION TO
DISMISS UNDER L.R. 6-2; C 13-5125-KAW