Wesblatt v. Apple, Inc et al

Filing 166

Order by Hon. Ronald M. Whyte granting 165 Stipulation (rmwlc1, COURT STAFF) (Filed on 4/9/2013)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 Case Nos. 5:10-cv-02553 RMW 13 In re Apple and AT&T iPad Unlimited Data Plan Litigation CLASS ACTION 14 15 16 ALL CONSOLIDATED ACTIONS STIPULATION AND [] ORDER EXTENDING APPLE’S TIME TO RESPOND TO FIRST AMENDED MASTER CONSOLIDATED COMPLAINT 17 The Hon. Ronald M. Whyte 18 [N.D. Cal. Civil L.R.6-1] 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [] ORDER TO EXTEND TIME TO RESPOND CASE NO. 5:10-cv-02553 RMW sf-3242369 1 2 Plaintiffs Adam Weisblatt, Joe Hanna, David Turk and Colette Osetek (“plaintiffs”) and 3 Defendant Apple Inc. (“Apple”), by and through their respective attorneys, hereby stipulate as 4 follows: 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, on August 8, 2011, Plaintiffs filed their First Amended Master Consolidated Complaint (“FAMCC”) in the above-captioned case; WHEREAS, pursuant to the parties’ stipulation, Apple’s response to the FAMCC would be due April 1, 2013; WHEREAS, plaintiffs and Apple are engaged in productive settlement discussions and have made substantial progress towards resolving this matter; WHEREAS, plaintiffs and Apple agree to extend Apple’s time to respond to the FAMCC to permit additional time for settlement discussions; WHEREAS, the stipulated extension will not alter the date of any event or deadline already fixed by the Court; THEREFORE, plaintiffs and Apple stipulate that Apple’s time to respond is extended until May 1, 2013. 17 IT IS SO STIPULATED. 18 [THE COURT FURTHER NOTES: The court has been very lenient in allowing 19 extensions up until this time, but the court will not grant any further stipulated extensions 20 without a more detailed showing from the parties.] 21 22 23 24 Dated: March 28, 2013 MICHAEL W. SOBOL ROGER N. HELLER ALLISON ELGART LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 25 26 27 By: /s/ Michael W. Sobol MICHAEL W. SOBOL Attorneys for Plaintiffs 28 STIPULATION AND [] ORDER TO EXTEND TIME TO RESPOND CASE NO. 5:10-cv-02553 RMW sf-3242369 1 1 2 Dated: March 28, 2013 3 PENELOPE A. PREOVOLOS ANDREW D. MUHLBACH STUART C. PLUNKETT MORRISON & FOERSTER LLP 4 5 By: 6 /s/ Penelope A. Preovolos PENELOPE A. PREOVOLOS Attorneys for Defendant APPLE INC. 7 8 9 10 11 I, Penelope A. Preovolos, am the ECF User whose ID and password are being used to file this Stipulation. I hereby attest that I have on file the concurrences for any signatures indicated by a “conformed” signature (/s/) within this efiled document. 12 By: 13 /s/ Penelope A. Preovolos Penelope A. Preovolos 14 15 16 17 PURSUANT TO STIPULATION, IT IS SO ORDERED. 18 Date: ____________________ April 9, 2013 19 20 _______________________________ Hon. Ronald M. Whyte United States District Judge 21 22 23 24 25 26 27 28 STIPULATION AND [] ORDER TO EXTEND TIME TO RESPOND CASE NO. 5:10-cv-02553 RMW sf-3242369 2

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