Price v. Apple, Inc.

Filing 55

ORDER by Judge Haywood S. Gilliam, Jr. Granting 54 Stipulation Regarding Response to Second Amended Complaint. Motions due by 5/31/2022; Responses due by 6/24/2022; and Replies due by 7/12/2022. (ndr, COURT STAFF) (Filed on 5/10/2022)

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1 2 3 4 5 6 7 8 9 10 11 12 ISABELLE L. ORD (Bar No. 198224) isabelle.ord@dlapiper.com JEANETTE T. BARZELAY (Bar No. 261780) jeanette.barzelay@dlapiper.com ALEXANDER E. WOLF (Bar No. 299775) alexander.wolf@dlapiper.com DLA PIPER LLP (US) 555 Mission Street, Suite 2400 San Francisco, CA 94105-2933 Tel: 415.836.2500 Fax: 415.836.2501 RAJ N. SHAH (admitted pro hac vice) raj.shah@dlapiper.com ERIC M. ROBERTS (admitted pro hac vice) eric.roberts@dlapiper.com DLA PIPER LLP (US) 444 West Lake Street, Suite 900 Chicago, IL 60606-0089 Tel: 312.368.4000 Fax: 312.236.7516 13 14 Attorneys for Defendant APPLE INC. 15 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 OAKLAND DIVISION 19 MATTHEW PRICE, individually and on behalf of all others similarly situated, 20 21 22 Plaintiffs, v. CASE NO. 4:21-CV-02846-HSG JOINT STIPULATION AND ORDER REGARDING RESPONSE TO SECOND AMENDED COMPLAINT APPLE INC., a California corporation, 23 Defendant. 24 25 26 27 28 CASE NO. 4:21-CV-02846-HSG \191128409.1 JOINT STIPULATION AND ORDER RE: RESPONSE TO SAC EAST 1 WHEREAS, on April 6, 2022, the Court issued an order granting Defendant Apple Inc.’s 2 (“Apple”) Motion to Dismiss Plaintiff’s First Amended Complaint (Dkt. 52) (“Order”) and 3 directed that any amended pleading be filed within 21 days of the Order; 4 5 6 7 8 9 WHEREAS, on April 26, 2022, Plaintiff timely filed the Second Amended Complaint (Dkt. 53) (“SAC”); WHEREAS, Apple’s default deadline to respond to the SAC is May 10, 2022, pursuant to Fed. R. Civ. Proc. 15(a)(3); WHEREAS, the parties have conferred regarding an extension of Apple’s time to file a Motion to Dismiss the SAC and a mutually agreeable briefing schedule, and respectfully request, 10 pursuant to Civil L.R. 6-2, that the Court enter a stipulated order granting the parties’ requested 11 briefing schedule. There is good cause for this request because (1) the parties have agreed to 12 reasonable extensions as a professional courtesy and due to pre-planned business and vacation 13 travel and a graduation, and (2) the proposed extensions will not prejudice the interests of the 14 parties or the Court; 15 16 17 18 WHEREAS, there have been two prior extensions in this matter, and the instant request will not impact any other previously set dates; NOW, THEREFORE, pursuant to Civil L.R. 6-2, and subject to the approval of the Court, the parties hereby stipulate to the following schedule: 19 1. The deadline for Apple to file its Motion to Dismiss the SAC is May 31, 2022. 20 2. The deadline for Plaintiff to file his Opposition to the Motion to Dismiss the SAC is 21 22 23 June 24, 2022. 3. The deadline for Apple to file its Reply in support of the Motion to Dismiss the SAC is July 12, 2022. 24 25 26 27 28 CASE NO. 4:21-CV-02846-HSG 1 JOINT STIPULATION AND ORDER RE: RESPONSE TO SAC 1 Dated: May 6, 2022 DLA PIPER LLP (US) 2 By: /s/ Isabelle L. Ord1 ISABELLE L. ORD Attorneys for Defendant APPLE INC. 3 4 5 6 Dated: May 6, 2022 TIMONEY KNOX LLP 7 By: /s/ Keith T. Vernon KEITH T. VERNON (admitted pro hac vice) Attorneys for Plaintiff MATTHEW PRICE 8 9 10 11 ORDER 12 Having considered the parties’ Stipulation, and good cause appearing therefore, the Court 13 14 hereby GRANTS the parties’ Stipulation. It is HEREBY ORDERED that: 1. 16 The deadline for Apple to file its Motion to Dismiss the SAC is May 31, 2022. 2. 15 The deadline for Plaintiff to file his Opposition to the Motion to Dismiss the SAC is June 24, 2022. 17 3. 18 The deadline for Apple to file its Reply in support of the Motion to Dismiss the SAC is July 12, 2022. 19 20 IT IS SO ORDERED. 21 22 Dated: 5/10/2022 23 24 ______________________________ The Hon. Haywood S. Gilliam, Jr. United States District Judge 25 26 27 28 1 Pursuant to N.D. Cal. Civ. L.R. 5-1(i)(3), I hereby attest that the concurrence to the filing of this document has been obtained from each signatory hereto. CASE NO. 4:21-CV-02846-HSG 2 JOINT STIPULATION AND ORDER RE: RESPONSE TO SAC

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