Fernando et al v. eBay, Inc. et al

Filing 25

STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT TO RESPOND TO COMPLAINT (approving 24 ). Signed by Judge Jeremy Fogel on 6/2/2011. (jflc2, COURT STAFF) (Filed on 6/2/2011)

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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)
2029 Century Park East
Los Angeles, CA 90067-3086
Telephone: [phone]
Facsimile: 310-556-5959
Email: [e-mail]

**E-Filed 6/2/2011**

Attorneys for Defendant
PAYPAL, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE BRANCH

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DEVINDA FERNANDO, VADIM TSIGEL,
MICHAIL ZINGER, AMY RICKEL, FRED
RICKEL, IRA GILMAN, LACY REINTSMA,
and SHAUL BEHR on behalf of themselves
and all others similarly situated and on behalf,
Plaintiffs,

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v.

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PAYPAL, INC., a Delaware corporation,

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Defendant.

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Case No. 10-CV-01668 JF
------------------STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME FOR
DEFENDANT TO RESPOND TO THE
AMENDED COMPLAINT
Action Filed: April 19, 2010
[Declaration of David W. Moon lodged
concurrently]

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LA 51412799v3

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND
CASE NO. 10-CV-01668 JF

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WHEREAS, on April 19, 2010, plaintiffs Devinda Fernando and Vadim Tsigel filed the

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Complaint in this action, which was served on defendants eBay Inc. (“eBay”) and PayPal, Inc.

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(“PayPal”) (together, “Defendants”) by personal service on August 18, 2010;

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WHEREAS, on November 2, 2010 the parties stipulated that: (a) the hearing on
Defendants’ Motion to Dismiss shall be continued to January 28, 2011; (b) Plaintiffs shall file and

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serve an Amended Complaint or their Opposition to Defendants’ Motion to Dismiss on or before

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January 7, 2011; (c) assuming Plaintiffs file and serve an Amended Complaint on or before January

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7, 2011, then the January 28, 2011 hearing on Defendants’ Motion to Dismiss shall be taken off

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calendar; (d) Defendants shall have until March 8, 2011 to respond to Plaintiffs’ Amended

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2029 Century Park East
Los Angeles, California 90067-3086

STROOCK & STROOCK & LAVAN LLP

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Complaint; and (e) the Case Management Conference shall be continued until April 22, 2011 at

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10:30 a.m., and the parties’ Joint Case Management Statement shall be filed by April 8, 2011

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Pursuant to Civil Local Rule 7-3, Plaintiffs’ Opposition must be filed by November 19, 2010 (Dkt.

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No. 17).

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WHEREAS, on January 7, 2011 the parties stipulated that: (a) the hearing on Defendants’

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Motion to Dismiss shall be taken off calendar; (b) Plaintiffs shall file and serve an Amended

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Complaint on or before February 22, 2011; (c) Defendants shall have until April 25, 2011 to

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respond to Plaintiffs’ Amended Complaint; and (d) the Case Management Conference shall be

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continued until June 10, 2011 at 10:30 a.m., and the parties’ Joint Case Management Statement

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shall be filed by May 25, 2011 (Dkt. No. 19).

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WHEREAS, on March 17, 2011 the parties stipulated that: (a) Plaintiffs must file an

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Amended Complaint on or before March 22, 2011; (b) Defendants shall have until and including

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May 23, 2011 to respond to Plaintiffs’ Amended Complaint; and (c) the Case Management

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Conference shall be continued until September 23, 2011 at 10:30 a.m., and the parties’ Joint Case

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Management Statement shall be filed by September 9, 2011 (Dkt. No. 22);

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WHEREAS, on March 22, 2011, Plaintiffs filed the First Amended Class Action Complaint
(the “Amended Complaint”) against PayPal;

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND
CASE NO. 10-CV-01668 JF

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WHEREAS, counsel for PayPal have informed counsel for Plaintiffs that PayPal requires
additional time to respond to the Amended Complaint;
WHEREAS, the parties have agreed to extend the date by which PayPal must respond to the

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Amended Complaint by an additional period of thirty-five (35) days from May 23, 2011 to and

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including June 27, 2011;

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Los Angeles, California 90067-3086

STROOCK & STROOCK & LAVAN LLP

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WHEREAS, the parties have agreed that, if PayPal responds to the Amended Complaint by
motion, Plaintiffs shall have until August 26, 2011 to file their opposition to the motion; and
WHEREAS, the requested extension will not change or alter any event already fixed by
Court order.
IT IS HEREBY STIPULATED by and between the parties, through their respective counsel

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of record, that PayPal shall have until and including June 27, 2011 to respond to Plaintiffs’

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Amended Complaint, and if PayPal responds to the Amended Complaint by motion, Plaintiffs shall

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have until August 26, 2011 to file their opposition to the motion.

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Dated: May 23, 2011

STROOCK & STROOCK & LAVAN LLP

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By

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Attorneys for Defendant
PAYPAL, INC.

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/s/ David W. Moon
David W. Moon

Dated: May 23, 2011

MARINA TRUBITSKY & ASSOCIATES, PLLC

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By

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/s/ Marina Trubitsky
Marina Trubitsky

Attorneys for Plaintiffs

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------------------- ORDER
[PROPOSED]

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PURSUANT TO THE STIPULATION, IT IS SO ORDERED.

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6/2/2011
Dated: _______________________
UNITED STATES DISTRICT JUDGE

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-2LA 51412799v3

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND
CASE NO. 10-CV-01668 JF

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CERTIFICATE OF SERVICE

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I hereby certify that on May 23, 2011, a copy of the foregoing STIPULATION AND

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[PROPOSED] ORDER EXTENDING TIME FOR DEFENDANT TO RESPOND TO THE

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AMENDED COMPLAINT was filed electronically and served by mail on anyone unable to

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accept electronic filing. Notice of this filing will be sent by e-mail to all parties by operation of the

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court’s electronic filing system or by mail to anyone unable to accept electronic filing as indicated

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on the Notice of Electronic Filing. Parties may access this filing through the court’s EM/ECF

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System.
/s/ David W. Moon
David W. Moon

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2029 Century Park East
Los Angeles, California 90067-3086

STROOCK & STROOCK & LAVAN LLP

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-3LA 51412799v3

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND
CASE NO. 10-CV-01668 JF

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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)
2029 Century Park East
Los Angeles, CA 90067-3086
Telephone: [phone]
Facsimile: 310-556-5959
Email: [e-mail]
Attorneys for Defendant
PAYPAL, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE BRANCH

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DEVINDA FERNANDO, VADIM TSIGEL,
MICHAIL ZINGER, AMY RICKEL, FRED
RICKEL, IRA GILMAN, LACY REINTSMA,
and SHAUL BEHR on behalf of themselves
and all others similarly situated and on behalf,
Plaintiffs,

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v.

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PAYPAL, INC., a Delaware corporation,

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Defendant.

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)
)
)
)
)
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)
)
)
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)
)
)

Case No. 10-CV-01668 JF
DECLARATION OF DAVID W. MOON IN
SUPPORT OF STIPULATION
EXTENDING TIME FOR DEFENDANT
TO RESPOND TO THE AMENDED
COMPLAINT
Action Filed: April 19, 2010
[Stipulation and [Proposed] Order lodged
concurrently]

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LA 51412910v1

DECLARATION OF DAVID W. MOON
CASE NO. 10-CV-01668 JF

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DECLARATION OF DAVID W. MOON

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I, David W. Moon, declare as follows:

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I am admitted to practice before this Court and am Special Counsel at Stroock &

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Stroock & Lavan LLP, counsel for defendant PayPal, Inc. (together with former defendant eBay

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Inc., “Defendants”). I submit this declaration in support of the parties’ Stipulation Extending Time

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for Defendant to Respond to Amended Complaint (the “Stipulation”). The facts set forth herein are

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true of my own personal knowledge, except where based on a review of the pleadings and records

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in this action.

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2029 Century Park East
Los Angeles, California 90067-3086

STROOCK & STROOCK & LAVAN LLP

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2.

On April 19, 2010, plaintiffs Devinda Fernando and Vadim Tsigel filed the

Complaint.
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On July 20, 2010, counsel for Plaintiffs filed a letter with the Court, stating that the

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Complaint had not been served on Defendants and requesting a continuance of the Case

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Management Conference (Dkt. No. 4).

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4.

On August 18, 2010, Defendants were served with the Complaint.

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On August 31, 2010, the parties stipulated to extend the date by which Defendants

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must respond to the Complaint until and including October 18, 2010 (Dkt. No. 8).
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On October 12, 2010, the Court entered a notice scheduling a Case Management

Conference for November 19, 2010 at 10:30 a.m. (Dkt. No. 13).
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On October 18, 2010, Defendants filed a Motion to Dismiss Plaintiffs’ Complaint

(Dkt. No. 15).
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On November 2, 2010 the parties stipulated that: (a) the hearing on Defendants’

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Motion to Dismiss shall be continued to January 28, 2011; (b) Plaintiffs shall file and serve an

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Amended Complaint or their Opposition to Defendants’ Motion to Dismiss on or before January 7,

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2011; (c) assuming Plaintiffs file and serve an Amended Complaint on or before January 7, 2011,

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then the January 28, 2011 hearing on Defendants’ Motion to Dismiss shall be taken off calendar;

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(d) Defendants shall have until March 8, 2011 to respond to Plaintiffs’ Amended Complaint; and

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(e) the Case Management Conference shall be continued until April 22, 2011 at 10:30 a.m., and the

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-1LA 51412910v1

DECLARATION OF DAVID W. MOON
CASE NO. 10-CV-01668 JF

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parties’ Joint Case Management Statement shall be filed by April 8, 2011 Pursuant to Civil Local

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Rule 7-3, Plaintiffs’ Opposition must be filed by November 19, 2010 (Dkt. No. 17).

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On January 7, 2011 the parties stipulated that: (a) the hearing on Defendants’

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Motion to Dismiss shall be taken off calendar; (b) Plaintiffs shall file and serve an Amended

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Complaint on or before February 22, 2011; (c) Defendants shall have until April 25, 2011 to

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respond to Plaintiffs’ Amended Complaint; and (d) the Case Management Conference shall be

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continued until June 10, 2011 at 10:30 a.m., and the parties’ Joint Case Management Statement

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shall be filed by May 25, 2011 (Dkt. No. 19).
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On March 17, 2011 the parties stipulated that: (a) Plaintiffs must file an Amended

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2029 Century Park East
Los Angeles, California 90067-3086

STROOCK & STROOCK & LAVAN LLP

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Complaint on or before March 22, 2011; (b) Defendants shall have until and including May 23,

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2011 to respond to Plaintiffs’ Amended Complaint; and (c) the Case Management Conference shall

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be continued until September 23, 2011 at 10:30 a.m., and the parties’ Joint Case Management

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Statement shall be filed by September 9, 2011 (Dkt. No. 22).

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Counsel for Defendants have informed counsel for Plaintiffs that Defendants require

additional time to respond to the Amended Complaint.

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The parties have agreed to extend the date by which Defendants must respond to the

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Amended Complaint by an additional period of thirty-five (35) days from May 23, 2011 to and

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including June 27, 2011, and that if PayPal responds to the Amended Complaint by motion,

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Plaintiffs shall have until August 26, 2011 to file their opposition to the motion.

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Good cause exists for the foregoing extension because the Amended Complaint

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introduces a total of six (6) new plaintiffs and proposed class representatives, and PayPal requires

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additional time to investigate the allegations of the Amended Complaint and to prepare its response

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thereto.

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DECLARATION OF DAVID W. MOON
CASE NO. 10-CV-01668 JF

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I declare under penalty of perjury under the laws of the United States and the State of

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The Stipulation is made in good faith and not for purposes of delay.

California that the foregoing is true and correct.
Executed this 23d day of May 2011, in Los Angeles, California

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/s/ David W. Moon
David W. Moon

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2029 Century Park East
Los Angeles, California 90067-3086

STROOCK & STROOCK & LAVAN LLP

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DECLARATION OF DAVID W. MOON
CASE NO. 10-CV-01668 JF

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CERTIFICATE OF SERVICE

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I hereby certify that on May 23, 2011, a copy of the foregoing DECLARATION OF

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DAVID W. MOON IN SUPPORT OF STIPULATION EXTENDING TIME FOR

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DEFENDANT TO RESPOND TO THE AMENDED COMPLAINT was filed electronically

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and served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent

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by e-mail to all parties by operation of the court’s electronic filing system or by mail to anyone

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unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may

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access this filing through the court’s EM/ECF System.
/s/ David W. Moon
David W. Moon

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2029 Century Park East
Los Angeles, California 90067-3086

STROOCK & STROOCK & LAVAN LLP

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DECLARATION OF DAVID W. MOON
CASE NO. 10-CV-01668 JF