Almeida v. Google, Inc.

Filing 34

STIPULATION AND ORDER 33 to Continue Case Management Conference. Signed by Judge Ronald M. Whyte on 10/15/09. (jg, COURT STAFF) (Filed on 10/15/2009)

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452637.0

KEKER & VAN NEST, LLP CHRISTA M. ANDERSON - #184325 DAVID J. SILBERT - #173128 ALYSE BERTENTHAL - #253012 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant GOOGLE INC., a Delaware corporation *E-FILED - 10/15/09*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION DAVID ALMEIDA, individually and on behalf of all others similarly situated, Plaintiff, v. GOOGLE, INC., a Delaware corporation; and DOES 1 through 10, inclusive, Defendants. Case No. C 08-02088 RMW STIPULATION AND [] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE Judge: Hon. Ronald M. Whyte April 22, 2008

Date Comp. Filed: Trial Date: None set.

STIPULATION AND [] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE CASE NO. C 08-02088 RMW

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STIPULATION WHEREAS, a Case Management Conference in this case is currently set for October 23,

WHEREAS, plaintiff's Motion to Amend the Complaint to substitute a new class representative, and also to schedule a new Case Management Conference [Doc. #27], is set for hearing a week later, on October 30, 2009; WHEREAS, Google opposes plaintiff's Motion; WHEREAS, the parties agree that it would be most efficient for both the Court and the parties for the Court to decide plaintiff's Motion before considering case management issues, as a Case Management Conference will be unnecessary if the Court denies plaintiff's Motion; NOW THEREFORE, IT IS HEREBY STIPULATED that: 1. The Case Management Conference currently set for October 23, 2009 should be

taken off calendar; 2. If the Court grants plaintiff's Motion to Amend, it may then set a new Case

Management Conference; and

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STIPULATION AND [] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE CASE NO. C 08-02088 RMW

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3.

If the Court denies plaintiff's Motion to Amend, no further Case Management

Conference will be necessary. Dated: October 14, 2009 KEKER & VAN NEST, LLP

By:

/s/ David J. Silbert David J. Silbert Attorneys for Defendant GOOGLE INC., a Delaware corporation KABATECK BROWN KELLNER LLP

Dated: October 14, 2009

By:

/s/ Michael v. Storti Michael V. Storti Attorneys for Plaintiff DAVID ALMEIDA

[] ORDER IT IS SO ORDERED. The Case Management Conference currently set for October 23, 2009 is hereby VACATED. Dated: 10/15/09

By: __________________________________ Honorable Ronald M. Whyte United States District Judge

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STIPULATION AND [] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE CASE NO. C 08-02088 RMW