Unified ECM, Inc v. Facebook, Inc.

Filing 11

STIPULATION AND ORDER TO EXTEND TIME re 9 . Signed by Judge Jeremy Fogel on 8/21/09. (dlm, COURT STAFF) (Filed on 8/25/2009)

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ANGELA L. PADILLA (STATE BAR NO. 154836) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Telephone: [phone] Facsimile: [phone] JULIO C. AVALOS (STATE BAR NO. 255350) javalo [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant FACEBOOK, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

UNIFIED ECM, INC., on behalf of itself and all others similarly situated, Plaint iff, v. FACEBOOK, INC. Defendant.

Case No. CV-09-3430 Assigned To: Hon. Judge Jeremy Fogel STIPULATION AND [PROPOSED] -----------------ORDER TO EXTEND TIME Complaint Filed: July 27, 2009

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND CASE NO.: CV-09 -3430

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This stipulation is entered into by and between Plaint iff Unified ECM, Inc. ("Plaintiff") and Defendant Facebook, Inc. ("Defendant") through their respective counsel as follows: WHEREAS, on July 27, 2009 Plaintiff filed its Class Action Complaint against Facebook; WHEREAS, on August 11, 2009, respective counsel for the parties agreed to grant Defendant a two-week extension to Respond to Plaintiff's Complaint; WHEREAS, on August 19, 2009, the Court entered an Order Relating This Case to Rootzoo, Inc. v. Facebook, C09-03043 ("Rootzoo") (Dkt. No. 8); WHEREAS, on August 20, 2009, counsel for the parties agreed to a further extension of Facebook's deadline to respond to the Complaint in order both to reconcile the deadline in this case with that in the related Rootzoo matter as well as in response to personal illness and travel issues raised by Defense counsel; NOW THEREFORE, subject to the approval of the Court, it is hereby stipulated and agreed that Facebook's deadline to file its responses to Plaintiff's Complaint is hereby extended to September 8, 2009. Dated: August 20, 2009 ORRICK, HERRINGTON & SUTCLIFFE LLP

/s/ Angela L. Padilla ANGELA L. PADILLA Attorneys for Defendant FACEBOOK, INC. Dated: August 20, 2009 FINKELSTEIN THOMPSON LLP

/s/ Rosemary M. Rivas ROSEMARY M. RIVAS Attorneys for Plaintiff UNIFIED ECM, INC.

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND CASE NO.: CV-09 -3430

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Filer's Attestation: Pursuant to General Order No. 45, §X(B), I attest under penalty of perjury that concurrence in the filing of the document has been obtained from its signatory.

Dated: August 20, 2009

Respect fully submitted, /s/ Angela L. Padilla ANGELA L. PADILLA

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND CASE NO.: CV-09 -3430

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[PROPOSED] ORDER Pursuant to the parties' st ipulation, Facebook's deadline to respond to Plaintiff's Complaint is extended to September 8, 2009. IT IS SO ORDERED.

21 DATED: August ___, 2009 Hon. Jeremy Fogel UNITED STATES DISTRICT COURT JUDGE

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND CASE NO.: CV-09 -3430

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CERTIFICATE OF SERVICE I hereby certify that this document(s) filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non registered participants on August 20, 2009.

Dated: August 20, 2009

Respect fully submitted, /s/ Angela L. Padilla ANGELA L. PADILLA

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND CASE NO.: CV-09 -3430