Gomelsky v. Apple, Inc.

Filing 26

STIPULATION AND PROPOSED ORDER by Giorgio Gomelsky. (Crowther, Robyn) (Filed on 1/29/2009)

Gomelsky v. Apple, Inc.

Doc. 26

1 MEISELMAN, DENLEA, PACKMAN, 2 Jeffrey I. Carton (pro hac vice) 3 1311 Mamaroneck Avenue 4 [phone] 5

CARTON & EBERZ P.C.

Jerome Noll (pro hac vice)

White Plains, New York 10605

6 ROBYN C. CROWTHER, SBN 193840 7 ALBERT GIANG, SBN 224332 8 1000 Wilshire Blvd., Suite 600 9 Telephone: [phone]

CALDWELL LESLIE & PROCTOR, PC [e-mail] [e-mail]

Los Angeles, California 90017-2463 Facsimile: [phone]

10

Attorneys for Plaintiffs 11 GIORGIO GOMELSKY and all others similarly situated
12 13 14

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No. C-08-04969 JF STIPULATION AND PROPOSED ORDER

15 GIORGIO GOMELSKY,

On behalf of himself and 16 all others similarly situated
17 18 19 20 APPLE INC., 21 22 23

Plaintiffs, v.

Defendants.

Pursuant to Federal Rule of Civil Procedure 15 and Civil Local Rules 7-7(a)(1) and

24 7-12, the parties, by and through their respective counsel, hereby stipulate as follows: 25

WHEREAS, Plaintiff filed the complaint in the above-captioned matter on October

26 30, 2008; 27
CALDWELL LESLIE & PROCTOR

WHEREAS, Defendant filed its Motion to Dismiss and to Strike (the "Motion") on

28 December 22, 2009; -1STIPULATION AND PROPOSED ORDER Case No. C-08--4969 JF

Dockets.Justia.com

1

WHEREAS, the Motion is currently noticed for hearing on March 6, 2009, and no

2 opposition to the Motion has been filed; 3

WHEREAS, the Plaintiff has given careful consideration to the arguments raised in

4 the Motion and has determined that filing an amended complaint would conserve judicial 5 resources as well as the resources of the parties; 6

WHEREAS, there have been no previous amendments to the complaint and no

7 responsive pleading has been served; 8

WHEREAS, the Plaintiff has advised Defendant of his intention to file an amended

9 complaint narrowing the claims asserted and substituting and/or adding named plaintiffs; 10

WHEREAS, Defendant has agreed that, in light of the foregoing, the hearing on the

11 Motion should be continued until after Defendant has had the opportunity to evaluate the 12 amended complaint; 13 14

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED: 1. Plaintiff shall file an amended complaint within thirty (30) days of the date of

15 this Stipulation; 16 17

2. 3.

The March 6, 2009 hearing date on the Motion shall be adjourned; and Within thirty (30) days following the filing of the amended complaint,

18 Defendant will advise the Court whether it intends to move to dismiss the amended 19 complaint, or to answer the amended complaint in which case the Motion will be 20 withdrawn. 21 22 23 24 25 26 27 28
CALDWELL LESLIE & PROCTOR

Dated: January 29, 2009

Caldwell Leslie & Proctor, PC By: /s/ Robyn C. Crowther Robyn C. Crowther Attorneys for Plaintiff

Dated: January 29, 2009

Morrison & Foerster LLP By: /s/ Andrew D. Muhlbach Andrew D. Muhlbach Attorneys for Defendant
STIPULATION AND PROPOSED ORDER Case No. C-08--4969 JF

-2-

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
CALDWELL LESLIE & PROCTOR

Filer's Attestation: Pursuant to General Order No. 45.1, I, Robyn C. Crowther attest that I obtained concurrence in the filing of this document from the other signatories. PROPOSED ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: January __, 2009 _____________________________ The Honorable Jeremy Fogel United States District Judge

-3STIPULATION AND PROPOSED ORDER Case No. C-08--4969 JF