Gomelsky v. Apple, Inc.
Filing
27
STIPULATION AND ORDER (approving docket no. 26 ). The Motion Hearing set on 3/6/09 is VACATED. Signed by Judge Jeremy Fogel on 1/30/09. (jflc2, COURT STAFF) (Filed on 2/2/2009)
1 MEISELMAN, DENLEA, PACKMAN, 2 Jeffrey I. Carton (pro hac vice) 3 1311 Mamaroneck Avenue 4 (914) 517-5000 5
**E-Filed 2/2/09**
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: (213) 629-9040
CALDWELL LESLIE & PROCTOR, PC Crowther@caldwell-leslie.com Giang@caldwell-leslie.com
Los Angeles, California 90017-2463 Facsimile: (213) 629-9022
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
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
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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 30 2009 __, _____________________________ The Honorable Jeremy Fogel United States District Judge
-3STIPULATION AND PROPOSED ORDER Case No. C-08--4969 JF
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