Higdon v. AT&T Corp et al

Filing 61

STIPULATION AND ORDER RE: 60 RE: FILING OF FOURTH AMENDED COMPLAINT. Signed by Judge Richard Seeborg on 9/14/09. (rslc2, COURT STAFF) (Filed on 9/15/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 *E-Filed 9/15/09* UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. 5:08-cv-03526-RS Action Filed: July 23, 2008 Trial Date: None Set Judge: Hon. Richard Seeborg ORDER RE FILING OF FOURTH AMENDED COMPLAINT JOHN M. HIGDON, individually and on 13 Behalf of All Others Similarly Situated, 14 15 16 17 Plaintiffs, v. PACIFIC BELL TELEPHONE COMPANY dba AT&T CALIFORNIA, a California corporation, and DOES 1 through 250, 18 inclusive; 19 20 21 22 23 24 25 26 27 28 Case No. 5:08-cv-03526-RS C A L Defendants. /// /// /// /// /// /// -1ORDER RE FILING FOURTH AMENDED COMPLAINT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to the stipulation of the parties, and good cause appearing, IT IS HEREBY ORDERED as follows: 1. Defendant's current motion to dismiss shall be taken off calendar, without prejudice to Defendant's right to file a further motion to dismiss, should it feel it necessary to do so; and, 2. Plaintiff shall have up to and until October 9, 2009 to file and serve his Fourth Amended Complaint. Defendant shall have thirty (30) days therefrom to file and serve its response thereto. IT IS SO ORDERED. 9/15/09 Dated:_________________ By:______________________________ Hon. Richard Seeborg, Judge Case No. 5:08-cv-03526-RS C A L -2ORDER RE FILING FOURTH AMENDED COMPLAINT

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