Wesblatt v. Apple, Inc et al

Filing 170

STIPULATION AND ORDER 168 Extending Apple's Time to Respond to First Amended Master Consolidated Complaint. Signed by Judge Ronald M. Whyte on 5/9/13. (jg, COURT STAFF) (Filed on 5/9/2013)

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1 2 3 4 5 6 7 PENELOPE A. PREOVOLOS (CA SBN 87607) (PPreovolos@mofo.com) ANDREW D. MUHLBACH (CA SBN 175694) (AMuhlbach@mofo.com) STUART C. PLUNKETT (CA SBN 187971) (SPlunkett@mofo.com) MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 Facsimile: 415.268.7522 Attorneys for Defendant APPLE INC. 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 Case Nos. 5:10-cv-02553 RMW 13 14 In re Apple and AT&T iPad Unlimited Data Plan Litigation CLASS ACTION 17 STIPULATION AND [] ORDER EXTENDING APPLE’S TIME TO RESPOND TO FIRST AMENDED MASTER CONSOLIDATED COMPLAINT 18 The Hon. Ronald M. Whyte 19 [N.D. Cal. Civil L.R.6-1] 15 ALL CONSOLIDATED ACTIONS 16 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 Plaintiffs Adam Weisblatt, Joe Hanna, David Turk and Colette Osetek (“plaintiffs”) and 2 Defendant Apple Inc. (“Apple”), by and through their respective attorneys, hereby stipulate as 3 follows: 4 5 6 7 8 9 10 11 12 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 May 1, 2013; WHEREAS, plaintiffs and Apple are engaged in productive settlement discussions and have made substantial progress towards resolving this matter; WHEREAS, the Court has scheduled a further Case Management Conference in this matter for June 21, 2013; WHEREAS, plaintiffs and Apple agree to extend Apple’s time to respond to the FAMCC 13 to permit additional time for settlement discussions, and the Court indicated, at a Case 14 Management Conference held in this matter on April 26, 2013, that an extension through and 15 including June 21, 2013 would be acceptable; 16 17 18 19 20 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 June 21, 2013. IT IS SO STIPULATED. 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 1 Dated: April 30, 2013 2 3 MICHAEL W. SOBOL ROGER N. HELLER ALLISON ELGART LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 4 5 6 /s/ Michael W. Sobol MICHAEL W. SOBOL 7 Attorneys for Plaintiffs 8 By: Dated: April 30, 2013 9 10 PENELOPE A. PREOVOLOS ANDREW D. MUHLBACH STUART C. PLUNKETT MORRISON & FOERSTER LLP 11 By: 12 /s/ Penelope A. Preovolos PENELOPE A. PREOVOLOS 13 Attorneys for Defendant APPLE INC. 14 15 16 17 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. 18 19 By: /s/ Penelope A. Preovolos Penelope A. Preovolos 20 21 22 23 24 25 26 27 PURSUANT TO STIPULATION, IT IS SO ORDERED. Date: ____________________ _______________________________ Hon. Ronald M. Whyte United States District Judge 28 STIPULATION AND [] ORDER TO EXTEND TIME TO RESPOND CASE NO. 5:10-cv-02553 RMW sf-3242369 2

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