Yingling et al v. eBay, Inc.

Filing 43

ORDER DENYING STIPULATION TO CONTINUE HEARING ON THE MOTION TO DISMISS re 41 Stipulation. The parties shall appear for the scheduled 10/5/2009 hearing at 9:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 10/2/2009. (ecg, COURT STAFF) (Filed on 10/2/2009)

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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 COOLEY GODWARD KRONISH LLP A T T O R N E Y S A T LAW S A N FR A N C I S C O Attorneys for Defendant eBay Inc. ER N C F D I S T I C T O 10/2/2009 R UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION BRICE YINGLING D/B/A ALAMO AUTOSPORTS AND ANDY SCOTT, Plaintiffs, v. EBAY INC., Defendant. Case No. C 09 01733 JW (PVT) STIPULATION AND REQUEST TO CONTINUE HEARING ON DEFENDANT EBAY INC.'S MOTION TO DISMISS STIPULATION AND REQUEST TO CONTINUE HEARING ON DEFENDANT EBAY'S MTD CASE NO. C 09 01733 JW (PVT) A LI FO COOLEY GODWARD KRONISH LLP WHITTY SOMVICHIAN (194463) (wsomvichian@cooley.com) 101 California Street, 5th Floor San Francisco, CA 94111-5800 Telephone: (415) 693-2000 Facsimile: (415) 693-2222 UNIT ED COOLEY GODWARD KRONISH LLP MICHAEL G. RHODES (116127) (rhodesmg@cooley.com) BENJAMIN F. CHAPMAN (234436) (bchapman@cooley.com) 4401 Eastgate Mall S DISTRICT San Diego, CA 92121 TE C Telephone: (858) 550-6000 TA Facsimile: (858) 550-6420 RT U O S DENIE m Judge Ja D es Ware R NIA NO RT H 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 COOLEY GODWARD KRONISH LLP A T T O R N E Y S A T LAW S A N FR A N C I S C O Plaintiffs and Defendant file this stipulation and request to continue and reschedule the hearing on Defendant's motion to dismiss, currently set for hearing on October 5, 2009, to November 16, 2009, and state: Counsel for Defendant has conferred with counsel for Plaintiffs about this stipulation and they jointly request that the Court continue the hearing on Defendant's motion to dismiss. In particular, lead counsel for Defendant, Michael G. Rhodes, has a conflict with the October 5, 2009 hearing date on the motion to dismiss. Plaintiffs do not object to the requested relief. Accordingly, Plaintiffs and Defendant stipulate to and request the following: a continuance and rescheduling of the hearing on Defendant's motion to dismiss [Docket #23] from October 5, 2009 to November 16, 2009. AGREED: By: /s/ Keith Verges_____________ Counsel for Plaintiffs Brice Yingling Andy Scott By: /s/ Benjamin F. Chapman____ Counsel for Defendant eBay Inc. THE FOREGOING STIPULATION IS APPROVED AND IS SO ORDERED. DENIED The parties shall appear for the scheduled hearing on the Motion to Dismiss. The Court has allotted ten (10) minutes per side for argument. The Court has issued a further Order as to the scheduled case management. Please see docket item no. 42 for specifics on further scheduled hearings. DATED: ___________________________ ____________________________________ Dated: October 2, 2009 DISTRICT United States _________________ Judge Filer's Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, Benjamin F. Chapman hereby attests that concurrence in the filing of this document has been obtained. 1. STIPULATION AND REQUEST TO CONTINUE HEARING ON DEFENDANT EBAY'S MTD CASE NO. C 09 01733 JW (PVT)

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