Dickey v. Advanced Micro Devices, Inc.

Filing 93

ORDER by Judge Haywood S. Gilliam, Jr. Granting 92 Stipulation. (ndrS, COURT STAFF) (Filed on 3/6/2017)

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MATTHEW D. POWERS (S.B. #212682)
[e-mail]
E. CLAY MARQUEZ (S.B. #268424)
[e-mail]
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3823
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
ADVANCED MICRO DEVICES, INC.
Benjamin S. Thomassen (pro hac vice)
[e-mail]
EDELSON PC
350 North LaSalle Street, 13th Floor
Chicago, Illinois 60654
Tel: [phone]
Fax: [phone]
Stewart R. Pollock (SBN – 301356)
[e-mail]
Rafey S. Balabanian (pro hac vice)
[e-mail]
EDELSON PC
123 Townsend Street
San Francisco, California 94107
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs
TONY DICKEY and PAUL PARMER
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TONY DICKEY, and PAUL PARMER,
individually and on behalf of all others
similarly situated,
Plaintiffs,

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v.
ADVANCED MICRO DEVICES, INC., a
Delaware corporation,

Case No. 4:15-cv-04922-HSG
JOINT STIPULATION AND [PROPOSED]
ORDER ADVANCING MOTION TO
STRIKE HEARING
Hon. Haywood S. Gilliam, Jr.
[Local Rule 6-2]

Defendant.

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JOINT STIPULATION UNDER L.R. 6-2
CONTINUING MOT TO DISMISS HEARING
AND CASE MGT CONFERENCE 3:15-cv-04922

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Pursuant to Northern District Local Rule 6-2, Plaintiffs Tony Dickey and Paul Parmer and

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Defendant Advanced Micro Devices, Inc., by and through their undersigned counsel, hereby

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respectfully stipulate and agree, subject to Court approval, to advance the hearing on Plaintiff’s

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Motion to Strike (presently scheduled for 2:00 p.m. on April 6, 2017) to proceed at the same time

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as the hearing on Defendant’s Motion to Dismiss (presently scheduled for 2:00pm on March 17,

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2017). In support of this Stipulation, the parties state as follows:

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WHEREAS, on February 8, 2017, the Court continued the hearing on Defendant’s Motion

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to Dismiss and the Parties’ Case Management Conference until March 17, 2017 at 2:00 p.m.,

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(dkt. 88);

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WHEREAS, the hearing on Plaintiff’s Motion to Strike is presently set for April 6, 2017
at 2:00pm., (dkt. 85);
WHEREAS, the Parties agree that because portions of Defendant’s Reply in support of its

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Motion to Dismiss are the subject of Plaintiffs’ Motion to Strike, advancing the hearing on the

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Motion to Strike (and holding the hearings concurrently) would conserve judicial resources and

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avoid the need for separate hearings;

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WHEREAS, apart from advancing the April 6, 2017 motion hearing date, this proposed
change will not alter the date of any other event or any deadline already fixed by Court order;
NOW THEREFORE, the Parties hereby STIPULATE and AGREE as follows, subject to
Court approval:

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The hearing on Plaintiff’s Motion to Strike shall be advanced to March 17, 2017 at 2:00

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p.m., or to such other date that is convenient for the Court.

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-1-

JOINT STIPULATION UNDER L.R. 6-2
ADVANCING MOT TO STRIKE HEARING
4:15-cv-04922

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Dated: March 3, 2017

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E. CLAY MARQUEZ
O’MELVENY & MYERS LLP

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By: /s/ E. Clay Marquez
E. Clay Marquez

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Attorneys for Defendant
ADVANCED MICRO DEVICES, INC.

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Dated: March 3, 2017

BENJAMIN S. THOMASSEN
EDELSON PC
By: /s/ Benjamin S. Thomassen
Benjamin S. Thomassen
Attorneys for Plaintiffs
TONY DICKEY and PAUL PARMER

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JOINT STIPULATION UNDER L.R. 6-2
ADVANCING MOT TO STRIKE HEARING
4:15-cv-04922

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[PROPOSED ORDER]

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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The hearing on Plaintiff Tony Dickey and Paul Parmer’s Motion to Strike, scheduled for

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April 6, 2017, is hereby reset for March 17, 2017 at 2:00 pm.

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Dated: 3/6/2017
[__________]
HON. HAYWOOD S GILLIAM, JR.
UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION UNDER L.R. 6-2
ADVANCING MOT TO STRIKE HEARING
4:15-cv-04922