Rutter et al v. Apple Inc.

Filing 54

ORDER by Judge Haywood S. Gilliam, Jr. Granting 53 Stipulation Extending the Deadlines Related to Apple Inc.'s Forthcoming Motion to Dismiss the Third Amended Complaint. Motions due by 6/27/2023; Responses due by 7/18/2023; and Replies due by 8/8/2023. (ndr, COURT STAFF) (Filed on 5/31/2023)

David M. Rosenberg-Wohl (Cal. Bar No. 132924)
HERSHENSON ROSENBERG-WOHL,
A PROFESSIONAL CORPORATION
3080 Washington St.
San Francisco, CA 94115
[phone]
[e-mail]

ALEXIS A. AMEZCUA (CA SBN 247507)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Defendant
APPLE INC.

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Patrick C. Cooper (Cal. Bar No. 142349)
(reactivation pending)
WARD & COOPER, LLC
2100 Southbridge Parkway, Suite 645
Birmingham, AL 35209
[phone]
[e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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WILLIAM RUTTER, JACQUELINE TABAS,
NATASHA GARAMANI, CONNIE TABAS,
TRISTAN YOUNG, KASRA ELIASIEH
ROBERT BARKER, AND CINDY RUTTER, on
behalf of themselves and all
others similarly situated,
Plaintiffs,

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Case No. 4:21-cv-04077-HSG
STIPULATION AND ORDER
EXTENDING THE DEADLINES
RELATED TO APPLE INC.’S
FORTHCOMING MOTION TO
DISMISS THE THIRD AMENDED
COMPLAINT

v.
APPLE INC., and DOES 1-10,
Defendants.

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STIPULATION AND ORDER
NO. 4:21-CV-04077-HSG
sf-5565562

Judge: Honorable Haywood S.
Gilliam, Jr.
TAC Filed: May 25, 2023

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Pursuant to Civil L.R. 6-2, the parties stipulate to, and request that the Court enter an
order as follows:
On May 5, 2023, the Court entered an order granting Apple’s Motion to Dismiss the

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Second Amended Complaint in its entirety; Plaintiffs were granted until May 25, 2023 to amend

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the complaint. (ECF No. 51.)

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Plaintiffs filed a Third Amended Complaint (“TAC”) on May 25, 2023. (ECF No. 52.)

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Apple’s current responsive pleading deadline to the TAC is June 8, 2023.

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Apple has informed Plaintiffs that it intends to file a Motion to Dismiss the TAC and the

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parties have conferred and agreed upon a briefing schedule for Apple’s forthcoming Motion to

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Dismiss, both extending the time for Apple to respond and taking into account that Plaintiffs’

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counsel will be unavailable for a hearing on the Motion to Dismiss until on or after September 18,

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20231. The parties have agreed upon the following proposed briefing schedule for Apple’s

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forthcoming Motion to Dismiss the TAC:

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

Apple’s Motion to Dismiss the TAC shall be due on or before June 27, 2023;

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

Plaintiffs’ Opposition to Apple’s Motion to Dismiss the TAC shall be due on or before
July 18, 2023; and

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

August 8, 2023.

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Apple’s Reply in support of its Motion to Dismiss the TAC shall be due on or before

The parties agree to defer propounding discovery while Apple’s Motion to Dismiss the
TAC is pending.

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The parties previously stipulated to and requested time modifications in connection with

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Plaintiffs’ filing of the Second Amended Complaint and Apple’s Motion to Dismiss the Second

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Amended Complaint, and rescheduling a Case Management Conference while the Motion to

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Dismiss was pending, all of which were granted by the Court.

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Given Plaintiffs’ counsel’s scheduling conflicts, Apple has agreed to reserve an available
hearing date on its forthcoming Motion to Dismiss the TAC on or after September 18, 2023.
STIPULATION AND ORDER
NO. 4:21-CV-04077-HSG
sf-5565562

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Granting the parties’ proposed stipulation would facilitate cooperation among counsel and
not appreciably delay the progress of this case, as there is presently no case schedule pending.
SO STIPULATED:

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Dated: May 30, 2023

ALEXIS A. AMEZCUA
MORRISON & FOERSTER LLP

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By:

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/s/ Alexis A. Amezcua
ALEXIS A. AMEZCUA
Attorneys for Defendant
APPLE INC.

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Dated: May 30, 2023

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DAVID M. ROSENBERG-WOHL
HERSHENSON ROSENBERG-WOHL,
A PROFESSIONAL CORPORATION

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By:

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/s/ David M. Rosenberg-Wohl
DAVID M. ROSENBERG-WOHL
Attorneys for Plaintiffs

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SO ORDERED:
Dated: 5/31/2023

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______________________

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Hon. Haywood S Gilliam, Jr.

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STIPULATION AND ORDER
NO. 4:21-CV-04077-HSG
sf-5565562

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