McKinney v. Google, Inc. et al

Filing 23

Declaration of MATTHEW L. LARRABEE in Support of 22 Stipulation STIPULATED REQUEST AND [PROPOSED] ORDER TO CONTINUE JUNE 21, 2010 CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES filed byGoogle, Inc.. (Related document(s) 22 ) (Larrabee, Matthew) (Filed on 6/8/2010)

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DECHERT LLP
A T T O R N E Y S AT L A W SAN FRANCISCO

MATTHEW L. LARRABEE (No. 97147) DECHERT LLP One Maritime Plaza, Suite 2300 San Francisco, California 94111-3513 Telephone: [phone] Facsimile: 415.262.4555 STEVEN B.WEISBURD (No. 171490) [e-mail] DECHERT LLP 300 West 6th Street Suite 2010 Austin, TX 78701 Telephone: [phone] Facsimile: 512.394.3001 Attorneys for Defendants, GOOGLE INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
MARY McKINNEY, et al., Plaint iff, v. GOOGLE INC., a Delaware corporation, HTC CORP., a Taiwanese corporation, and T-MOBILE USA, INC., a Delaware corporation, Defendants. Case No. C 10-01177 JW Act ion filed: April 15, 2010 DECLARATION OF MATTHEW L. LARRABEE IN SUPPORT OF STIPULATED REQUEST AND [PROPOSED] ORDER TO CONTINUE JUNE 21, 2010 CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES

LARRABEE DECLARATION ISO STIPULATED REQUEST

Case No. C 10-1177 JW

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DECHERT LLP
A T T O R N E Y S AT L A W SAN FRANCISCO

I, Matthew L. Larrabee, declare pursuant to Civil L.R. 6-2 as follows: 1. I am an attorney at law licensed to practice in the State of California and am a partner at the law firm of Dechert LLP, counsel of record for Defendant Google Inc. in this action. I make this declaration in support of the Stipulated Request and [Proposed] Order to Continue June 21, 2010 Case Management Conference and Related Deadlines. Unless otherwise stated, I have personal knowledge of the matters stated herein and would competently testify thereto if called upon as a witness; 2. On March 29, 2010 the parties stipulated that Defendants Google Inc., T-Mobile USA, Inc., and HTC Corporation (the "Defendants") would respond to the complaint on May 25, 2010; 3. On May 21, 2010 the parties stipulated that Plaintiff would file an Amended Complaint and that the initial pleadings would be calendared as follows: Plaintiff to file her Amended Complaint by June 11, 2010; Defendants to file and serve any answer(s) or motion(s) to dismiss by July 12, 2010; and, if any such motion(s) are filed, Plaintiff to file any opposition by August 11, 2010 and Defendants to file any reply by August 25, 2010; 4. The Court has set a hearing on dispositive motions for November 1, 2010 at 9:00 AM; 5. A Case Management Conference is currently scheduled for June 21, 2010, and a Case Management Statement is currently due on June 11, 2010; 6. After Plaintiff files her Amended Complaint, Defendants anticipate filing one or more motions to dismiss under Rule 12 of the Federal Rules of Civil Procedure that will seek dismissal of the entire action; 7. Given that Plaintiff's Amended Complaint will not be filed until the current due date of the Case Management Statement, and Defendants' motion(s) to dismiss will seek dismissal of the entire action, the parties to this action have agreed, subject to the Court's approval, that the June 21, 2010 Case Management Conference, and related deadlines for complying with the requirements of Rule 26 of the Federal Rules of Civil Procedure, including the June 11, 2010 deadline set by the Court for filing a Case Management Statement, should be 1
LARRABEE DECLARATION ISO STIPULATED REQUEST Case No. C 10-1177 JW

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DECHERT LLP
A T T O R N E Y S AT L A W SAN FRANCISCO

continued to avoid the unnecessary expenditure of judicial resources or effort by the parties to this action and the Court prior to the Court's ruling on Defendants' anticipated dispositive motions; and 8. The effect on the schedule for the case of the Stipulated Request will be that the Case Management Conference currently scheduled for June 21, 2010, will be adjourned to a date to be re-scheduled by the Court following its rulings on Defendants' dispositive motions, and the June 11, 2010 date for filing a Case Management Statement and complying with other requirements of Rule 26 of the Federal Rules of Civil Procedure shall be re-set according to the date to be set by the Court for the Case Management Conference. I declare under penalty of perjury that the foregoing is true and correct.

Dated: June 8, 2010

Respect fully submitted, DECHERT LLP MATTHEW L. LARRABEE By: /S/ MATTHEW L. LARRABEE Counsel for Defendants GOOGLE INC.

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LARRABEE DECLARATION ISO STIPULATED REQUEST Case No. C 10-1177 JW