McKinney v. Google, Inc. et al

Filing 72

ORDER GRANTING 71 Notice of Withdrawal of Motion for Leave to file Second Amended Complaint filed by Mary McKinney. Motions terminated: 63 MOTION for Leave to File Second Amended Complaint filed by Mary McKinney. Signed by Judge James Ware on 11/5/2010. (ecg, COURT STAFF) (Filed on 11/5/2010)

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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 MILSTEIN, ADELMAN & KREGER, LLP WAYNE S. KREGER, State Bar No. 154759 wkreger@maklawyers.com SARA D. AVILA, State Bar No. 263213 savila@maklawyers.com 2800 Donald Douglas Loop North Santa Monica, California 90405 Telephone (310) 396-9600 Facsimile (310) 396-9635 WHATLEY DRAKE & KALLAS, LLC Joe R. Whatley, Jr. (pro hac vice pending, NY Bar No.4406088) jwhatley@wdklaw.com Edith M. Kallas (pro hac vice pending, NY Bar No. 2200434) ekallas@wdklaw.com Patrick J. Sheehan (pro hac vice pending, NY Bar No. 3016060) psheehan@wdklaw.com 1540 Broadway, 37th Floor New York, New York 10036 Tel: (212) 447-7070 Fax: (212) 447-7077 Attorneys for Plaintiff ISTRIC ES D TC AT T RT U O UNIT ED S ER N F D IS T IC T O R UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION MARY MCKINNEY, Individually and on behalf of All Others Similarly Situated, ) ) ) Plaintiff, ) ) v. ) ) GOOGLE, INC., a Delaware Corporation; ) HTC CORP., a Delaware Corporation; and T- ) MOBILE USA, INC., a Delaware Corporation. ) ) Defendants. ) 5:10-cv-01177-JW CLASS ACTION 11/5/2010 NOTICE OF WITHDRAWAL OF MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT Date: Time: Courtroom: Judge: November 29, 2010 9:00 AM 8, 4th Floor Hon. James Ware During the hearing this Court held on Monday, November 1, 2010, regarding the motions to dismiss and compel arbitration filed by Defendants Google, Inc., HTC Corp., and T-Mobile USA, Inc., the court indicated that Plaintiff McKinney would be allowed to amend her complaint once those motions were resolved. As this Court is aware, on October 21, 2010, McKinney filed a motion for leave to amend her complaint, which is set for argument on November 29, 2010. Doc. 63. McKinney's attorneys have conferred with attorneys for the Defendants, whose briefs in opposition would have been due on November 8, 2010. All parties had the same understanding NOTICE OF WITHDRAWAL OF MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT CASE NO.: 5:10-CV-01177-JW A C LI FO mes Wa Judge Ja re R NIA OO IT IS S D RDERE 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 regarding the comments made by the court. After those discussions, all parties have agreed that McKinney may withdraw her motion for leave to amend without prejudice. Pursuant to C.D. Cal. LR 7-7(a), Plaintiff hereby withdraws her Motion for Leave To File Second Amended Complaint. This precludes any reason for going forward with the hearing on November 29, 2010. DATED: November 4, 2010 Attorneys for Plaintiff Mary McKinney and the Proposed Class By: s/Sara D. Avila Sara D. Avila MILSTEIN, ADELMAN & KREGER, LLP 2 NOTICE OF WITHDRAWAL OF MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT CASE NO.: 5:10-CV-01177-JW 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 I, Sara D. Avila, am the ECF user whose ID and password are being used to file this Motion and accompanying papers. In compliance with General Order 45, section X.B., I hereby attest that I have on file the concurrences for any signatures indicated by a "conformed" signature (/S) within this e-filed document. DATED: November 4, 2010 Attorneys for Plaintiff Mary McKinney and the Proposed Class By: s/Sara D. Avila MILSTEIN, ADELMAN & KREGER, LLP Wayne S. Kreger Sara D. Avila WHATLEY DRAKE & KALLAS, LLC Joe R. Whatley, Jr. Edith M. Kallas Patrick J. Sheehan LAW OFFICE OF HOWARD RUBINSTEIN Howard Rubinstein howardr@pdq.net 914 Waters Avenue, Suite 20 Aspen, Colorado 81611 Tel: (832) 715-2788 SMITH & VANTURE, LLP Brian W. Smith bws@smithvanture.com 1615 Forum Place, Suite 4C West Palm Beach, Florida 33401 Tel: (800) 443-4529 Fax: (561) 688-0630 3 NOTICE OF WITHDRAWAL OF MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT CASE NO.: 5:10-CV-01177-JW

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