Michael Malone v. eBay, Inc.

Filing 111

ORDER re 110 Stipulation, filed by eBay, Inc. Signed by Judge Richard Seeborg on 10/21/08. (rssec, COURT STAFF) (Filed on 10/21/2008)

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Michael F. Tubach (S.B. #145955) [e-mail] Thomas P. Brown (S.B. #182916)tbrown@omimcom Julie D. Wood (SB. #242147)--jwood@onumcom Katherine M. Robison (S.B. #221556)[e-mail] O'MELVENY & MYERS LLP Embarcadero Center West 275 Battery Street San Francisco, CA 94111-3305 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant eBay Inc. [Additional Counsel Listed on Signature Page]

*E-FILED 10/21/08*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION IN RE EBAY SELLER ANTITRUST LITIGATION Case No. C 07-0 1882 (JF)(RS) STIPULATION AND XXXXPOSEDX IPRO XXXXX I ORDER MODIFYING BRIEFING SCHEDULE FOR EBAY'S MOTION TO COMPEL RESPONSES TO EBAY'S FIRST SETS OF INTERROGATORIES TO PLAINTIFF MICHAEL MALONE ACTION FILED: April 4, 2007

STIPULATION AND [PROPOSED] ORDER CASE # C 07-01882 (JF)(RS)

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WHEREAS, the parties have met and conferred pursuant to the Court's Standing

Order regarding the hearing date for eBay's Motion to Compel Responses to eBay's First Set of Interrogatories to Plaintiff Michael Malone ("Motion"); WHEREAS, the parties have identified December 10, 2008 as a mutually convenient date for a hearing on the Motion; WHEREAS, the parties have agreed to set the date of Plaintiffs' opposition to the Motion as November 14, 2008; WHEREAS, the parties have agreed to set the date of eBay's reply in support of the Motion as November 21, 2008. WHEREAS, the dates the parties have agreed to for this modified briefing schedule are within the parameters set by Civil Local Rule 7-3; IT IS HEREBY STIPULATED, AGREED, AND ORDERED AS FOLLOWS: 1. The hearing on the Motion will occur on December 10, 2008 at 9:30 a.m., or

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as soon thereafter as it may be heard by the Court. 2. 2008. 3. eBay shall file any reply in support of the Motion by November 21, 2008. Plaintiffs shall file their brief in opposition to the Motion by November 14,

Dated: October21, 2008

MICHAEL F. TUBACH THOMAS P. BROWN JULIE D. WOOD KATHERINE M. ROBISON O'MELVENY & MYERS LLP

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By: /s/ Katherine M Robison Katherine M. Robison Attorneys for Defendant eBay Inc.

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STIPULATION AND [PROPOSED] ORDER CASE # C 07-0 1882 (JF)(RS)

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Dated: October21, 2008

MICHAEL MCSHANE AUDET & PARTNERS LLP

By: /s/Michael McShane Michael McShane Dated: October21, 2008 STEVE W. BERMAN GEORGE W. SAMPSON JEFFREY D. FRIEDMAN HAGENS BERMAN SOBOL SHAPIRO LLP

By: /s/ Jeffrey D. Friedman Jeffrey D. Friedman Dated: October 21, 2008 DANIEL HUME DAVID KOVEL KIRBY MCINERNEY & SQUIRE, LLP

By: /s/DavidKovel David Kovel Attorneys for Plaintiffs and Proposed Class ORDER ITISSOORDERED.
October 21, 2008
Dated:

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The Honorable Richard Seeborg United States Magistrate Judge I, Katherine M. Robison, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order. In compliance with General Order 45, X.B., I hereby attest that Michael McShane, Jeffrey D. Friedman, and David Kovel have concurred in this filing.

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2 STIPULATION AND [PROPOSED] ORDER CASE # C 07-0 1882 (JF)(RS)