Levitte v. Google Inc.

Filing 254

STIPULATION AND ORDER AS MODIFIED BY THE COURT Setting Hearing On Motion to Strike re 253 Stipulation. Set/Reset Deadlines as to 253 Stipulation: Motion Hearing set for 5/16/2011 09:00 AM before Hon. James Ware. Signed by Judge James Ware on 4/22/2011. (ecg, COURT STAFF) (Filed on 4/22/2011)

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D I S T I C T O 4/22/2011
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UNITED STATES DISTRICT COURT

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S CHUBERT J ONCKHEER & K OLBE LLP

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Lead Counsel for Plaintiffs

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ROBERT C. SCHUBERT S.B.N. 62684
WILLEM F. JONCKHEER S.B.N. 178748
SCHUBERT JONCKHEER & KOLBE LLP
Three Embarcadero Center, Suite 1650
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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IN RE GOOGLE ADWORDS LITIGATION

Case No. 08-3369 JW HRL

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STIPULATION AND [PROPOSED]
ORDER SETTING BRIEFING
SCHEDULE FOR PLAINTIFFS’ MOTION
TO STRIKE AGAINST CERTAIN
DECLARATIONS SUBMITTED BY
DEFENDANT GOOGLE INC. IN
SUPPORT OF ITS OPPOSITION TO
PLAINTIFFS’ MOTION FOR CLASS
CERTIFICATION
Date: May 16, 2011

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Time: 9:00 a.m.
Hon. James Ware

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WHEREAS, plaintiffs filed their motion for class certification on March 14, 2011, with a
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hearing scheduled for May 16, 2011 at 9:00 a.m.;
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WHEREAS, defendant Google Inc. (“Google”) filed its opposition to plaintiffs’ motion for
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class certification, including certain supporting declarations, on April 11, 2011;
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WHEREAS, plaintiffs intend to file a motion to strike certain declarations filed by Google
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in opposition to plaintiffs’ motion for class certification; Google disputes that there is any basis to
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strike its declarations;
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WHEREAS, the parties have met and conferred, and agreed upon a briefing schedule for
plaintiffs’ motion to strike, pursuant to which the motion and opening memorandum would be filed
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on April 22, 2011, Google’s opposition would be filed on May 2, 2011, and the motion would be
Three Embarcadero Center, Suite 1650
San Francisco, CA 94111
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S CHUBERT J ONCKHEER & K OLBE LLP

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heard on May 16, 2001, concurrently with plaintiffs’ motion for class certification;
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WHEREAS, pursuant to N.D. Local Rule 7-3(c), plaintiffs wish to file a reply
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memorandum in support of their motion to strike, and to file it on May 9, 2011;
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WHEREAS, Google believes that all briefing in connection with plaintiffs’ motion for
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class certification should conclude by May 2, 2011 and that a reply memorandum is unnecessary;
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WHEREAS, as part of this stipulation, the parties agreed to jointly request that the Court
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resolve the issue of whether a reply memorandum shall be permitted, and if so, on what date it
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must be filed;
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THEREFORE, the parties hereby stipulate, and request the Court to order, as follows:
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1.

Plaintiffs’ motion to strike and opening memorandum shall be filed on April 22,

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2011.
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2.

Google’s opposition to plaintiffs’ motion to strike shall be filed on May 2, 2011

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The hearing on plaintiffs’ motion to strike shall be held on May 16, 2011,

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concurrently with the hearing on plaintiffs’ motion for class certification.
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4.

The issue of whether plaintiffs may file a reply memorandum, and the date of the

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filing thereof, shall be resolved by the Court, in the Order below.
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Dated: April 20, 2011

SCHUBERT JONCKHEER & KOLBE LLP

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By: ______/s/____________________
Robert C. Schubert
Willem F. Jonckheer

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Lead Counsel for Plaintiffs

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Dated: April 20, 2011

COOLEY LLP

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By: ______/s/____________________
Whitty Somvichian

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Three Embarcadero Center, Suite 1650
San Francisco, CA 94111
[phone]

S CHUBERT J ONCKHEER & K OLBE LLP

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Attorneys for Defendant Google Inc.

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ATTESTATION OF FILER

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I, Willem F. Jonckheer, hereby attest that concurrence in the filing of the document has
been obtained from each of the other signatories.

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Dated: April 20, 2011

SCHUBERT JONCKHEER & KOLBE LLP

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By:

/s/Willem F. Jonckheer
Willem F. Jonckheer

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Lead Counsel for Plaintiffs
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ORDER
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Good cause appearing, pursuant to the stipulation of the parties:
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1.

Plaintiffs’ motion to strike and opening memorandum shall be filed on April 22,

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2011.
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2.

Google’s opposition to plaintiffs’ motion to strike shall be filed on May 2, 2011.

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The hearing on plaintiffs’ motion to strike shall be held on May 16, 2011,

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concurrently with the hearing on plaintiffs’ motion for class certification.
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4.

Plaintiffs shall/shall not be permitted to file a reply memorandum in support of their
motion to strike. The reply memorandum shall be filed by May __, 2011.

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Three Embarcadero Center, Suite 1650
San Francisco, CA 94111
[phone]

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Date: April __, 2011

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__________________________________
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Hon. James Ware
United States District Chief Judge

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