Michael Malone v. eBay, Inc.

Filing 448

STIPULATION AND ORDER RE: 441 MODIFYING THE BRIEFING SCHEDULE FOR EBAY'S 438 MOTION TO COMPEL PRODUCTION OF DOCUMENTS FROM PLAINTIFFS' EXPERT GLENN A. WOROCH. Signed by Magistrate Judge Richard Seeborg on 9/17/09. (rslc2, COURT STAFF) (Filed on 9/17/2009)

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Michael F. Tubach (S.B. #145955) ­[e-mail] Thomas P. Brown (S.B. #182916)­[e-mail] Randall W. Edwards (S.B. #179053)­[e-mail] Katherine M. Robison (S.B. #221556)­[e-mail] O`MELVENY & MYERS LLP Two Embarcadero Center, 28th Floor San Francisco, CA 94111-3305 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant eBay Inc.

*E-Filed 9/17/09*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION IN RE EBAY SELLER ANTITRUST LITIGATION Case No. C 07-01882 (JF)(RS) STIPULATION AND [PROPOSED] ORDER MODIFYING THE BRIEFING SCHEDULE FOR EBAY'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS FROM PLAINTIFFS' EXPERT GLENN A. WOROCH 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 Production of Documents from Plaintiffs' Expert Glenn A. Woroch ("Motion"), which eBay is filing on September 16, 2009; WHEREAS, eBay seeks to have the motion heard on shortened time because it relates to issues pertaining to the upcoming class certification hearing on October 30 and, absent shortening time, this motion to compel could be heard only on or after October 21, which, in eBay's view, would not allow sufficient time before the class-certification hearing; WHEREAS, the parties have agreed to set the date of Plaintiffs' opposition to the Motion as Monday, September 28, 2009; WHEREAS, the parties have agreed to set the date of eBay's reply in support of the Motion as Wednesday, September 30, 2009. WHEREAS, the parties have identified October 7, 2009 as a mutually convenient date for a hearing on the Motion and understand that the Court may be available to hear the motion on that date; WHEREAS, the parties have agreed eBay's Motion shall not exceed 10 pages, Plaintiffs' opposition shall not exceed 10 pages, and eBay's reply in support of the Motion shall not exceed 5 pages. WHEREAS, the dates the parties have agreed to for this modified briefing schedule are within the parameters set by Civil Local Rule 6-1; IT IS HEREBY STIPULATED, AGREED, AND ORDERED AS FOLLOWS: 1. The hearing on the Motion will occur on October 7, 2009 at 9:30 a.m., or as

soon thereafter as it may be heard by the Court. 2. Plaintiffs shall file their brief in opposition to the Motion by Monday,

September 28, 2009. 3. 4. Plaintiffs' opposition shall not exceed 10 pages. eBay shall file any reply in support of the Motion by Wednesday,
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STIPULATION AND [PROPOSED] ORDER CASE # C 07-01882 (JF)(RS)

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September 30, 2009. eBay's reply in support of the Motion shall not exceed 5 pages. O`MELVENY & MYERS LLP Dated: September 16, 2009 By: /s/ Randall W. Edwards Randall W. Edwards Attorneys for Defendant eBay Inc. Dated: September 16, 2009 HAGENS BERMAN SOBOL SHAPIRO LLP 5.

By: /s/ Jeffrey D. Friedman Jeffrey D. Friedman Attorneys for Plaintiffs and Proposed Class

I, Randall W. Edwards, 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 Jeffrey D. Friedman has concurred in this filing.

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

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ORDER IT IS SO ORDERED.

Dated:

9/17/09

The Honorable Richard Seeborg United States Magistrate Judge

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