Fernando et al v. eBay, Inc. et al

Filing 22

STIPULATION AND ORDER EXTENDING TIME FOR PLAINTIFFS TO FILE AN AMENDED COMPLAINT AND CONTINUING CASE MANAGEMENT CONFERENCE re 21 . Case Management Conference set for 9/23/2011 10:30 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 3/10/11. (dlm, COURT STAFF) (Filed on 3/17/2011)

Fernando et al v. eBay, Inc. et al

Doc. 22

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STROOCK & STROOCK & LAVAN LLP JULIA B. STRICKLAND (State Bar No. 083013) LISA M. SIMONETTI (State Bar No. 165996) DAVID W. MOON (State Bar No. 197711) GEORGE S. AZADIAN (State Bar No. 253342) 2029 Century Park East Los Angeles, CA 90067-3086 Telephone: [phone] Facsimile: 310-556-5959 Email: [e-mail] Attorneys for Defendants EBAY INC. and PAYPAL, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE BRANCH DEVINDA FERNANDO, VADIM TSIGEL on behalf of themselves and all others similarly situated and on behalf of the general public of the United States, Plaintiffs, v. EBAY, INC., a foreign corporation, PAYPAL, INC., a Delaware corporation, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 10-CV-01668 JF STIPULATION AND -----------------[PROPOSED] ORDER EXTENDING TIME FOR PLAINTIFFS TO FILE AN AMENDED COMPLAINT AND CONTINUING CASE MANAGEMENT CONFERENCE Action Filed: April 19, 2010 [Declaration of George S. Azadian lodged concurrently]

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WHEREAS, on April 19, 2010, plaintiffs Devinda Fernando and Vadim Tsigel (together, "Plaintiffs") filed the Complaint in this action, which was served on defendants eBay Inc. and PayPal, Inc. (together, "Defendants") by personal service on August 18, 2010; WHEREAS, on October 18, 2010, Defendants filed a Motion to Dismiss Plaintiffs' Complaint; WHEREAS, the parties previously stipulated (the "First Stipulation") that: (a) the hearing on Defendants' Motion to Dismiss shall be continued until January 28, 2011; (b) Plaintiffs shall file and serve an Amended Complaint or their Opposition to Defendants' Motion to Dismiss on or before January 7, 2011; (c) assuming Plaintiffs file and serve an Amended Complaint on or before January 7, 2011, then the January 28, 2011 hearing on Defendants' Motion to Dismiss shall be taken off calendar; (d) Defendants shall have until March 8, 2011 to respond to Plaintiffs' Amended Complaint; and (e) the Case Management Conference shall be continued until April 22, 2011 at 10:30 a.m., and the parties' Joint Case Management Statement shall be filed by April 8, 2011; WHEREAS, the Prior Stipulation was entered by this Court on November 4, 2010 (Dkt. No. 18.); WHEREAS, the parties previously stipulated (the "Second Stipulation") that: (a) the hearing on Defendants' Motion to Dismiss shall be taken off calendar; (b) Plaintiffs shall file and serve an Amended Complaint on or before February 22, 2011; (c) Defendants shall have until April 25, 2011 to respond to Plaintiffs' Amended Complaint; and (d) the Case Management Conference shall be continued until June 10, 2011 at 10:30 a.m., and the parties' Joint Case Management Statement shall be filed by May 25, 2011; WHEREAS, the Second Stipulation was entered by this Court on January 11, 2011 (Dkt. No. 20.); WHEREAS, counsel for Plaintiffs has informed counsel for Defendants that Plaintiffs require additional time to prepare and file an Amended Complaint;

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WHEREAS, the parties have agreed to extend the date by which Plaintiffs must file an Amended Complaint by an additional period of thirty (30) days from February 22, 2011 to and including March 22, 2011; WHEREAS, the parties have agreed that, assuming Plaintiffs file an Amended Complaint on or before March 22, 2011, Defendants shall have until and including May 23, 2011 to respond to Plaintiffs' Amended Complaint; WHEREAS, a Case Management Conference is currently set for June 10, 2011 at 10:30 a.m.; and WHEREAS, it would promote judicial efficiency to continue the Case Management Conference and the parties' submission of their Joint Case Management Statement until after Defendants respond to the Amended Complaint and after the hearing on any motion filed by Defendants in response to the Amended Complaint. // // //

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IT IS HEREBY STIPULATED by and between the parties, through their respective counsel of record, that: (a) (c) Plaintiffs shall file an Amended Complaint on or before March 22, 2011; Defendants shall have until and including May 23, 2011 to respond to Plaintiffs'

Amended Complaint; and (d) The Case Management Conference, currently set for June 10, 2011 at 10:30 a.m.,

shall be continued until September 23, 2011 at 10:30 a.m., and the parties' Joint Case Management, currently due by May 25, 2011, shall be filed by September 9, 2011.

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Dated: March 3, 2011

STROOCK & STROOCK & LAVAN LLP By /s/ George S. Azadian George S. Azadian

Attorneys for Defendants EBAY INC. and PAYPAL, INC. Dated: March 3, 2011 MARINA TRUBITSKY & ASSOCIATES, PLLC By /s/ Marina Trubitsky (signed with permission) Marina Trubitsky

Attorneys for Plaintiffs DEVINDA FERNANDO and VADIM TSIGEL

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------------------ ORDER [PROPOSED] PURSUANT TO THE STIPULATION, IT IS SO ORDERED. 3/10/11 Dated: _______________________ UNITED STATES DISTRICT JUDGE

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CERTIFICATE OF SERVICE I hereby certify that on March 3, 2011, a copy of the foregoing STIPULATION AND

3 [PROPOSED] ORDER EXTENDING TIME FOR PLAINTIFFS TO FILE AN AMENDED 4 COMPLAINT AND CONTINUING CASE MANAGEMENT was filed electronically and served 5 by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by e-mail to 6 all parties by operation of the court's electronic filing system or by mail to anyone unable to accept 7 electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filing 8 through the court's EM/ECF System. 9
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/s/ George Azadian George Azadian

THIRD STIPULATION AND [PROPOSED] ORDER RE CASE SCHEDULE CASE NO. 10-CV-01668 JF