Gomelsky v. Apple, Inc.

Filing 57

STIPULATION AND ORDER EXTENDING DEFENDANT'S TIME TO RESPOND TO SECOND AMENDED COMPLAINT re (56 in 5:08-cv-04969-JF), (39 in 5:09-cv-01649-JF). Signed by Judge Jeremy Fogel on 10/6/09. (dlm, COURT STAFF) (Filed on 10/7/2009)

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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. UNITED STATES DISTRICT COURT

10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION EXTENDING TIME TO RESPOND TO SAC CASE NOS. C-08-04969 JF (PVT), C-09-01649 JF (PVT) sf-2745004

REUBEN BERENBLATT, ANDREW PERSONETTE, EARL C. SIMPSON, LAURA MILLER, On behalf of themselves and all others similarly situated, Plaintiff, v. APPLE INC., Defendant. THOMAS WAGNER, SCOTT MEYERS, On behalf of themselves and all others similarly situated, Plaintiff, v. APPLE INC., Defendant.

Case No. Case No.

C-08-04969 JF (PVT) C-09-01649 JF (PVT)

STIPULATION EXTENDING DEFENDANT'S TIME TO RESPOND TO SECOND AMENDED COMPLAINT

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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, Apple moved to dismiss the First Amended Complaint in Berenblatt, et al. v. Apple Inc., Case. No. C-08-04969, and the Class Action Complaint in Vail v. Apple, Inc. (now known as Wagner, et al. v. Apple Inc.), Case No. C-09-01649 (collectively, the "Actions"), on June 1, 2009; WHEREAS, Apple's motions were granted, with leave to amend, on August 21, 2009; WHEREAS, the plaintiffs in the Actions filed a Second Amended Complaint on September 21, 2009; WHEREAS, under Federal Rule of Civil Procedure 15(a)(3), the deadline for Apple to respond to the Second Amended Complaint is October 5, 2009; WHEREAS, the parties have agreed to extend the deadline for Apple to respond until November 5, 2009; 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. Apple shall respond to the Second Amended Complaint in the Actions by

November 5, 2009.

Dated: October 5, 2009

MORRISON & FOERSTER LLP

By:

/s/ Penelope a. Preovolos Penelope a. Preovolos Attorneys for Defendant APPLE INC.

STIPULATION EXTENDING TIME TO RESPOND TO SAC CASE NOS. C-08-04969 JF (PVT), C-09-01649 JF (PVT) sf-2745004

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Dated: October 5, 2009

MEISELMAN, DENLEA, PACKMAN, CARTON & EBERZ P.C.

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/s/ Christine M. Ford Christine M. Ford Attorneys for Plaintiffs REUBEN BERENBLATT, ANDREW PERSONETTE, EARL C. SIMPSON, LAURA MILLER

GIRARD GIBBS, LLP

/s/ Eric H. Gibbs Eric H. Gibbs Attorneys for Plaintiffs THOMAS WAGNER, SCOTT MEYERS

I, Penelope A. Preovolos, am the ECF User whose ID and password are being used to file this Stipulation. In compliance with General Order 45, section X.B., I hereby attest that I have on

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STIPULATION EXTENDING TIME TO RESPOND TO SAC CASE NOS. C-08-04969 JF (PVT), C-09-01649 JF (PVT) sf-2745004

file the concurrences for any signatures indicated by a "conformed" signature (/s/) within this efiled document. By: /s/ Penelope A. Preovolos Penelope A. Preovolos

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6 Date: October __, 2009

---------------- ORDER PROPOSED

PURSUANT TO STIPULATION, IT IS SO ORDERED. ______________________________________ Hon. Jeremy Fogel United States District Judge

STIPULATION EXTENDING TIME TO RESPOND TO SAC CASE NOS. C-08-04969 JF (PVT), C-09-01649 JF (PVT) sf-2745004

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CERTIFICATE OF SERVICE BY MAIL (Fed. R. Civ. Proc. rule 5(b)) I declare that I am employed with the law firm of Morrison & Foerster LLP, whose address is 425 Market Street, San Francisco, California 94105-2482; I am not a party to the within cause; I am over the age of eighteen years and I am readily familiar with Morrison & Foerster's practice for collection and processing of correspondence for mailing with the United States Postal Service and know that in the ordinary course of Morrison & Foerster's business practice the document described below will be deposited with the United States Postal Service on the same date that it is placed at Morrison & Foerster with postage thereon fully prepaid for collection and mailing. I further declare that on the date hereof I served a copy of:

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STIPULATION EXTENDING TIME TO RESPOND TO SAC CASE NOS. C-08-04969 JF (PVT), C-09-01649 JF (PVT) sf-2745004

STIPULATION EXTENDING TIME TO RESPOND TO SECOND AMENDED COMPLAINT on the following by placing a true copy thereof enclosed in a sealed envelope addressed as follows for collection and mailing at Morrison & Foerster LLP, 425 Market Street, San Francisco, California 94105-2482, in accordance with Morrison & Foerster's ordinary business practices: Douglass J. McNamara Cohen Mistein Hausfeld & Toll PLLC 1100 New York Avenue, Suite 500 Washington D.C. 20005-3964 I declare under penalty of perjury that the above is true and correct. Executed at San Francisco, California, this 5th day of October, 2009.

Mia R. Gimenez (typed)

/s/ Mia Gimenez (signature)

ATTESTATION OF E-FILED SIGNATURE I, Penelope A. Preovolos, am the ECF User whose ID and password are being used to file this Certificate of Service. In compliance with General Order 45, X.B., I hereby attest that Mia Gimenez has read and approved this Certificate of Service and consents to its filing in this action. Dated: October 5, 2009. MORRISON & FOERSTER LLP _____/s/ Penelope A. Preovolos_____ Penelope A. Preovolos

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