Hovsepian v. Apple, Inc.

Filing 19

STIPULATION and [Proposed] Order for Extension of Time for Plaintiff to File Amended Complaint in Lieu of Opposition to Defendant's Motion to Dismiss, and for Defendant to File Responsive Pleading to Plaintiff's Amended Complaint by Aram Hovsepian. (Shub, Jonathan) (Filed on 4/3/2009)

Hovsepian v. Apple, Inc.

Doc. 19

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JONATHAN SHUB (SBN 237708) MIRIAM L. SCHIMMEL (SBN 185089) SEEGER WEISS LLP 1515 Market Street, Suite 1380 Philadelphia, Pennsylvania 19102 [phone] tel; [phone] fax [e-mail] [ADDITIONAL COUNSEL ON SIGNATURE PAGE] Attorneys for Plaintiff, and all others similarly situated UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ARAM HOVSEPIAN, individually and Case No. C08-05788 JF on behalf of all others similarly situated, STIPULATION AND [PROPOSED] Plaintiff, ORDER FOR EXTENSION OF TIME FOR PLAINTIFF TO FILE AMENDED COMPLAINT IN LIEU OF OPPOSITION TO vs. DEFENDANT'S MOTION TO DISMISS, AND FOR DEFENDANT TO FILE RESPONSIVE PLEADING TO PLAINTIFF'S AMENDED APPLE, INC., COMPLAINT Defendant. Date: April 24, 2009 Time: 9:00 a.m. Dept. Crtm. 3, 5th Floor

Plaintiff Aram Hovsepian, individually and on behalf of all others similarly situated ("Plaintiff"), and Defendant, Apple, Inc. ("Defendant"), through their respective attorneys, hereby set forth as follows: WHEREAS, Defendant filed a Motion to Dismiss Plaintiff's Complaint pursuant to Federal Rule of Civil Procedure Rule 12(b), which is set for hearing
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Dockets.Justia.com

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before this Court on April 24, 2009; WHEREAS, Defendant's opposition is due on or before April 3, 2009; WHEREAS, Federal Rule of Civil Procedure Rule 15(a) allows Plaintiff to amend his complaint once as a matter of right before a responsive pleading is filed; WHEREAS, Defendant's Rule 12(b) Motion is not considered to be a responsive pleading under the F.R.C.P.; WHEREAS, Plaintiff has met and conferred with Defendant and has proposed that, in lieu of opposing Defendant's motion, Plaintiff will amend his complaint, Defendant will withdraw its Motion to Dismiss and the hearing scheduled for April 24,2009 will be taken off calendar; WHEREAS, Plaintiff has asked Defendant for an additional two weeks from the date when Plaintiff's opposition to the motion was due, in order to draft and file his amended complaint (the "Amended Complaint"); WHEREAS, in exchange therefor, Plaintiff has agreed to allow Defendant 45 days to file a responsive pleading to the Amended Complaint; BASED THEREON, THE PARTIES HEREBY STIPULATE AND AGREE AS FOLLOWS: In lieu of opposing Defendant's Motion to Dismiss, Plaintiff agrees to file an Amended Complaint on or before April 17, 2009. Defendant agrees that, upon the Court's approval of this Stipulation, Defendant's Motion to Dismiss shall be withdrawn. The hearing scheduled for April 24, 2009 will be taken off calendar. Defendant shall have 45 days from the date Plaintiff files his Amended
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Complaint in which to file a responsive pleading.

IT IS SO STIPULATED. Dated: April 3, 2009 Respectfully Submitted,

By: /s/ JONATHAN SHUB (SBN 237708) SEEGER WEISS LLP 1515 Market Street, Suite 1380 Philadelphia, Pennsylvania 19102 [phone] David R. Buchanan SEEGER WEISS LLP One Williams Street New York, NY 10004 [phone] Eric D. Freed (SBN 164526) George K. Lang Michael J. Lotus FREED & WEISS LLC 111 W. Washington St., Suite 1331 Chicago, Illinois 60602 [phone] Michael J. Boni BONI & ZACK, LLC 16 St. Asaphs Road Bala Cynwyd, PA 19004 [phone] Michael D. Donovan DONOVAN SEARLES, LLC 1845 Walnut Street, Suite 1100 Philadelphia, PA 19103 [phone] Richard J. Burke RICHARD J. BURKE LLC 1010 Market Street, Suite 650
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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 Dated: April 3, 2009

St. Louis, Missouri 63101 [phone] Attorneys for Plaintiff, ARAM HOVSEPIAN, and all others similarly situated

PAUL, HASTINGS, JANOFSKY & WALKER LLP /s/ Thomas A. Counts Thomas A. Counts Tammy Lee Kissman David M. Walsh PAUL, HASTINGS, JANOFSKY & WALKER LLP 55 Second Street 24th Floor San Francisco, CA 94105-3441 415-856-7000 Attorneys for Defendant, APPLE, INC ECF CERTIFICATION

Pursuant to General Order No. 45, § X.B. the filing attorney attests that he has obtained concurrence regarding the filing of this document from each of the signatories to the document Dated: April 3, 2009 /s/ Jonathan Shub, Esq.

PURSUANT TO STIPULATION IT IS SO ORDERED: DATED: _________________

Honorable Jeremy Fogel, United States District Court Judge
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