Walsh v. Apple, Inc. et al

Filing 24

STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES by Apple, Inc.. (Liburt, Joseph) (Filed on 3/25/2009)

Walsh v. Apple, Inc. et al

Doc. 24

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BLUMENTHAL, NORDREHAUG & BHOWMIK Norman B. Blumenthal (STATE BAR NO. 068687) Kyle R. Nordrehaug (STATE BAR NO. 205975) Aparajit Bhowmik (STATE BAR NO. 248066) 2255 Calle Clara La Jolla, CA 92037 Telephone: [phone] Facsimile: [phone] UNITED EMPLOYEES LAW GROUP Walter Haines (STATE BAR NO. 071705) 65 Pine Ave, #312 Long Beach, CA 90802 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs DAVID WALSH and DAVID KALUA LYNNE C. HERMLE (STATE BAR NO. 99779) JOSEPH C. LIBURT (STATE BAR NO. 155507) JESSICA R. PERRY (STATE BAR NO. 209321) ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: 650-614-7401 [e-mail] [e-mail] [e-mail] Attorneys for Defendant APPLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA DAVID WALSH, an individual, DAVID KALUA, an individual, on behalf of themselves, and on behalf of all persons similarly situated, Plaintiffs, v. APPLE INC., Defendant. CASE NO. 05:08-cv-04918 JF STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES

OHS West:260628031.1

STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES (08-04918 JF)

Dockets.Justia.com

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Pursuant to Civil Local Rule 6-2 and 7-12, Plaintiffs David Walsh and David Kalua (collectively "Plaintiffs") and Defendant Apple Inc. ("Apple"), by and through their respective counsel of record, hereby submit this Stipulation and Proposed Order seeking a four week continuance of the Initial Case Management Conference and other associated deadlines set forth in the Court's October 28, 2008 Scheduling Order. WHEREAS, the case management conference is currently set for April 17, 2009 under the Scheduling Order; WHEREAS, the last day for a Rule 26(f) conference under the Scheduling Order is March 27, 2009; WHEREAS, the last day to file the case management statement, initial disclosures, and Rule 26(f) Report under the Scheduling Order is April 10, 2009; WHEREAS, the parties will be attending mediation regarding this matter on April 10,

WHEREAS, on March 16, 2009, the Court granted Apple's Motion for a More Definite Statement and ordered Plaintiffs to file an amended complaint within 30 days of the date of the order; WHEREAS, the parties believe it would be more efficient to postpone the currently scheduled CMC until after the scheduled mediation and after the amended complaint is filed; WHEREAS, a four week continuance of the Initial Case Management Conference and associated deadlines set forth in the October 28, 2008 Scheduling Order will provide the additional time necessary for the parties to fully prepare for the Rule 26(f) conference, initial disclosures, and case management statement and allow for a more productive case management conference; THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT: The Initial Case Management Conference, presently scheduled for April 17, 2009, is continued to May 15, 2009 at 10:30 a.m., or as soon thereafter as the Court's schedule will allow, and that the associated deadlines set forth in the October 31, 2008 Scheduling Order be continued accordingly.
OHS West:260628031.1

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STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES (08-04918 JF)

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. Dated: March 25, 2009 LYNNE C. HERMLE JOSEPH C. LIBURT JESSICA R. PERRY ORRICK, HERRINGTON & SUTCLIFFE LLP /s/ Joseph C. Liburt Attorneys for Defendant APPLE INC. NORMAN B. BLUMENTHAL KYLE R. NORDREHAUG APARAJIT BHOWMIK BLUMENTHAL, NORDREHAUG & BHOWMIK WALTER HAINES UNITED EMPLOYEES LAW GROUP /s/ Aparajit Bhowmik Attorneys for Plaintiffs DAVID WALSH and DAVID KALUA ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. The Initial Case Management Conference is continued to May 15, 2009. The deadlines set forth in the October 28, 2008 Scheduling Order are continued accordingly.

Dated: March 25, 2009

Dated:

The Honorable Jeremy Fogel United States District Judge

OHS West:260628031.1

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STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES (08-04918 JF)