Embry v. ACER America Corporation

Filing 32

ORDER GRANTING STIPULATION AS MODIFIED BY THE COURT re 31 Stipulation. Set/Reset Deadlines 27 MOTION to Strike Defendant's Affirmative Defenses.On or before 10/19/2009, Defendant shall file its Opposition. On or before 10/26/2009, Plaintiffs shall file their Reply. Motion Hearing set for 11/9/2009 09:00 PM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 9/29/2009. (ecg, COURT STAFF) (Filed on 9/29/2009)

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N F QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP D IS T IC T O R Jeffery D. McFarland (Bar No. 157628) [e-mail] m Stan Karas (Bar No. 222402) [e-mail] m A.J. Bedel (Bar No. 243603) [e-mail] m 865 South Figueroa Street, 10th Floor Los Angeles, California 90017-2543 Telephone: [phone] Facsimile: [phone]
Attorneys for Defendant ACER AMERICA CORPORATION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION KEVIN EMBRY, an individual, on behalf of himself, the general public and those similarly situated Plaint iff, v. ACER AMERICA CORPORATION; AND DOES 1 THROUGH 50 Defendants CASE NO. CV-09-01808 (JW) STIPULATION TO CONTINUE THE HEARING ON PLAINTIFF'S MOTION TO STRIKE

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GUTRIDE SAFIER LLP ADAM J. GUTRIDE (State Bar No. 181446) [e-mail] SETH A. SAFIER (State Bar No. 197427) 835 Douglass Street [e-mail] m L. JAY KUO (State Bar No. 173293) [e-mail] San Francisco, California 94114 Telephone: [phone] Facsimile: [phone]

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TO THE COURT AND ALL PARTIES, WHEREAS Plaintiff Kevin Embry has filed a motion to strike certain affirmative defenses in Defendant Acer America Corporation's answer to Embry's complaint. WHEREAS the parties have been meeting and conferring, and expect to resolve the dispute by st ipulating to the filing of an amended answer. WHEREAS the hearing on the motion to strike is set for October 5, 2009. WHEREAS the parties believe that a brief continuance of this hearing date would allow them sufficient time to resolve their dispute, which may render most, if not all, of the motion moot. THE PARTIES HEREBY STIPULATE AND AGREE that the hearing on the motion to strike should be continued to November 16, 2009, which is the next available date on the Court's calendar. DATED: September 28, 2009 GUTRIDE SAFIER LLP

By: /s/____________________________________ Seth A. Safier Attorneys for Plaintiff Kevin Embry

DATED:

September 28, 2009

QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP By: /s/____________________________________ Jeffery D. McFarland Attorneys for Defendant ACER AMERICA CORPORATION

*** ORDER *** For good cause shown, the Court GRANTS the parties' Stipulation to continue the hearing on Plaintiffs' Motion to Strike Defendant's Affirmative Defenses, modified as follows: The hearing is continued from October 5, 2009 to November 9, 2009 at 9 a.m. On or before October 19, 2009, Defendant shall file its Opposition. On or before October 26, 2009, Plaintiffs shall file their Reply. Dated: September 29, 2009
04666/3110722.2

___________________________ JAMES WARE United States District Judge