Ewert v. eBay, Inc.

Filing 153

STIPULATION AND ORDER 152 to Continue Case Management Conference: Case Management Conference set for 10/28/2011 10:30 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 9/29/11. (jg, COURT STAFF) (Filed on 9/29/2011)

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Edward S. Zusman (SBN 154366)
Kevin K. Eng (SBN 209036)
MARKUN ZUSMAN & COMPTON, LLP
465 California Street, Suite 500
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

COOLEY LLP
Whitty Somvichian (SBN 194463)
101 California St, 5th Floor
San Francisco, CA 94111-5800
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant eBay, Inc.

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John R. Fabry (Admitted Pro Hac Vice)
BAILEY & GALYEN
18333 Egret Bay Blvd., Suite 120
Houston, TX 77058
Telephone: [phone]
Facsimile: 281.335.5871

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Attorneys for Plaintiffs and the Class
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
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IN RE: EBAY LITIGATION

Case No.

C 07-2198 RMW (PSG)

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STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE;
[] ORDER
Date:
Time:
Courtroom:
Judge:

September 30, 2011
10:30 a.m.
6, 4th Floor
Hon. Ronald M. Whyte

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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [] ORDER – C 07-2198 RMW (PSG)

On September 2, 2011, the parties appeared before the Court in connection with

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Defendant’s Motion For Class Decertification. During the hearing, the Court addressed the issue

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of Plaintiffs’ damages theory. The Court ordered the parties to meet and confer regarding a

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proposed schedule for filing and hearing a motion for summary judgment on Plaintiffs’ damages

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theory. The Court ordered that the parties submit, by September 30, 2011, either: (1) a joint

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proposed schedule, including a discovery plan; or (2) if unable to agree on a joint proposal,

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separate proposals. The Court also set a Further Case Management Conference for September 30,

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2011.

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Plaintiffs’ Counsel has met and conferred with Defendant’s Counsel regarding a

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continuance. Defendant does not oppose a continuance. The parties are mutually available on

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October 28 and November 11, 2011 for a Further Case Management Conference.
Therefore, Plaintiffs respectfully request that the September 30, 2011 Further Case

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Management Conference be continued to October 28 or November 11, 2011.

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Respectfully submitted,

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September 26, 2011

MARKUN ZUSMAN & COMPTON LLP

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By: __/s/ Edward S. Zusman_______________
Edward S. Zusman

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September 26, 2011

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Attorneys for Plaintiffs and the Class
COOLEY LLP

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By: ___/s/ Whitty Somvichian_______________
Whitty Somvichian

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Attorneys for Defendant eBay, Inc.

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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [] ORDER – C 07-2198 RMW (PSG)

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[] ORDER
The parties’ proposed stipulation is hereby approved. The Further Case Management

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Conference scheduled for September 30, 2011 is vacated, and a Further Case Management

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Conference is set for _____________________________, 2011.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: _____________________, 2011

__________________________________
Hon. Ronald M. Whyte

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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [] ORDER – C 07-2198 RMW (PSG)