Gomelsky v. Apple, Inc.

Filing 85

STIPULATION EXTENDING DEFENDANT'S TIME TO RESPOND TO THIRD AMENDED COMPLAINT by Apple, Inc.. (Preovolos, Penelope) (Filed on 6/10/2010)

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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 NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

REUBEN BERENBLAT, 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 THIRD AMENDED COMPLAINT

STIPULATION EXTENDING TIME TO RESPOND TO TAC CASE NOS. C-08-04969 JF (PVT), C-09-01649 JF (PVT) sf-2854165

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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 Second Amended Complaint in Berenblat, et al. v. Apple Inc., Case. No. C-08-04969, and Wagner, et al. v. Apple Inc., Case No. C-09-01649 (collectively, the "Actions"), on November 5, 2009; WHEREAS, Apple's motions were granted, with partial leave to amend, on April 9, 2010; WHEREAS, the parties agreed to extend Plaintiffs' time period to amend until May 28,

WHEREAS, the Plaintiffs in the Actions filed an Amended Complaint on May 28, 2010; WHEREAS, under Federal Rules of Civil Procedure 6(d) and 15(a)(3), the deadline for Apple to respond to the Third Amended Complaint is June 14, 2010; WHEREAS, the parties have agreed to extend the deadline for Apple to respond until June 28, 2010; 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 Third Amended Complaint in the Actions by June 28,

Dated: June 10, 2010

MORRISON & FOERSTER LLP

By: /s/ Penelope A. Preovolos Penelope A. Preovolos Attorneys for Defendant APPLE INC.

STIPULATION EXTENDING TIME TO RESPOND TO TAC CASE NOS. C-08-04969 JF (PVT), C-09-01649 JF (PVT) sf-2854165

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Dated: June 10, 2010

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

By:

/s/ Michael A. Berg Michael A. Berg Attorneys for Plaintiffs REUBEN BERENBLAT, ANDREW PERSONETTE, EARL C. SIMPSON, LAURA MILLER

Dated: June 10, 2010

GIRARD GIBBS, LLP

By:

/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 Certificate of Service. In compliance with General Order 45, X.B., I hereby attest that Elsa Tom has read and approved this Certificate of Service and consents to its filing in this action.

STIPULATION EXTENDING TIME TO RESPOND TO TAC CASE NOS. C-08-04969 JF (PVT), C-09-01649 JF (PVT) sf-2854165

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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 Date: June __, 2010

PROPOSED ORDER

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

STIPULATION EXTENDING TIME TO RESPOND TO TAC CASE NOS. C-08-04969 JF (PVT), C-09-01649 JF (PVT) sf-2854165

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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: STIPULATION EXTENDING DEFENDANT'S TIME TO RESPOND TO THIRD 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 10th day of June, 2010.

/s/ Elsa Tom (typed)

/s/ Elsa Tom (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 Elsa Tom has read and approved this Certificate of Service and consents to its filing in this action. Dated: June 10, 2010. MORRISON & FOERSTER LLP _____/s/ Penelope A. Preovolos_____ Penelope A. Preovolos
STIPULATION EXTENDING TIME TO RESPOND TO SAC CASE NOS. C-08-04969 JF (PVT), C-09-01649 JF (PVT) sf-2854165