Gomelsky v. Apple, Inc.

Filing 29

STIPULATION AND ORDER (approving 28 ). The Case Management Conference set for 3/13/09 is CONTINUED to 6/19/2009 at 10:30 AM. Signed by Judge Jeremy Fogel on 2/26/09. (jflc2, COURT STAFF) (Filed on 2/26/2009)

Gomelsky v. Apple, Inc.

Doc. 29

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PENELOPE A. PREOVOLOS (CA SBN 87607) ([e-mail]) ANDREW D. MUHLBACH (CA SBN 175694) ([e-mail]) ALEXEI KLESTOFF (CA SBN 224016) ([e-mail]) MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: 415.268.7522 Attorneys for Defendant APPLE INC.

**E-Filed 2/26/09**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

GIORGIO GOMELSKY, on behalf of himself and all others similarly situated, Plaintiff, v. APPLE INC., Defendant.

Case No.

C-08-04969 JF

STIPULATION AND [PROPOSED] ORDER ------------------

STIPULATION AND [PROPOSED] ORDER CASE NO. C-08-04969 JF sf-2646488
Dockets.Justia.com

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Pursuant to Civil Local Rules 6-2 and 7-12, the parties, by and through their respective counsel, hereby stipulate as follows: WHEREAS, a Case Management Conference is scheduled for March 13, 2009; WHEREAS, pursuant to a stipulation entered on February 2, 2009, the parties agreed that the Plaintiff would file an amended complaint by March 2, 2009 and that Defendant would advise the Court within 30 days of the filing of an amended complaint whether it intended to answer or move to dismiss the amended complaint; WHEREAS, the parties have agreed to extend the deadline for Plaintiff to file an amended complaint to April 2, 2009; WHEREAS, the parties have further agreed that Defendant's time to respond to an amended complaint will be extended to June 4, 2009; WHEREAS, the parties believe that the Case Management Conference should be continued until any disputes on the pleadings are resolved; WHEREAS, the continuance will not have an effect on the schedule for the case; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, SUBJECT TO THE APPROVAL OF THE COURT: 1. The Plaintiff will file an amended complaint by April 2, 2009. 2. Defendant will respond to the amended complaint by June 4, 2009. 19 --3. The Case Management Conference will be continued to June 16, 2009. 4. The parties shall file a Joint Case Management Statement on or before June 9, 2009.

Dated: February 25, 2009

MORRISON & FOERSTER LLP By: /s/ Penelope A. Preovolos Penelope A. Preovolos Attorneys for Defendant APPLE INC.

STIPULATION AND [PROPOSED] ORDER CASE NO. C-08-04969 JF sf-2646488

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Dated: February 25, 2009

CALDWELL LESLIE & PROCTOR, PC By: /s/ Robyn C. Crowther Robyn C. Crowther Attorneys for Plaintiff GIORGIO GOMELSKY

PROPOSED ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: February 26 2009 __, _________________________________ The Honorable Jeremy Fogel United States District Judge

STIPULATION AND [PROPOSED] ORDER CASE NO. C-08-04969 JF sf-2646488

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