Wesblatt v. Apple, Inc et al

Filing 62

STIPULATION AND ORDER 53 for Extension of Time to Respond to First Amended Complaint and Setting Briefing Schedule. Motion Hearing set for 1/21/2011 09:00 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 11/18/10. (jg, COURT STAFF) (Filed on 11/18/2010)

Weisblatt v. Apple, Inc et al

Doc. 62

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CROWELL & MORING LLP
ATTO RNEY S AT LAW

M. Kay Martin (CSB No. 154697)
[e-mail] Joel D. Smith (CSB No. 244902) [e-mail]

CROWELL & MORING LLP 275 Battery Street, 23rd Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: 415.986.2827 Kathleen Taylor Sooy
[e-mail]

*E-FILED - 11/18/10*

CROWELL & MORING LLP 1001 Pennsylvania Avenue, NW Washington, DC 20004 Telephone: [phone] Facsimile: [phone] Attorneys for AT&T Mobility LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
ADAM WEISBLATT, JOE HANNA, and DAVID TURK, individually and on behalf of all others similarly situated,

Case No. 5:10-cv-02553-RMW CLASS ACTION STIPULATION FOR EXTENSION OF TIME TO RESPOND TO FIRST AMENDED COMPLAINT AND SETTING BRIEFING SCHEDULE; [] ORDER [N.D. CAL. CIVIL L.R. 6-1(b)]

Plaintiffs, v. APPLE INC., AT&T MOBILITY LLC, and Does 1-10, Defendants.

CASE NO. 5:10-cv-02553 STIPULATION FOR EXTENSION OF TIME TO RESPOND TO FIRST AMENDED COMPLAINT AND SETTING BRIEFING SCHEDULE; [] ORDER
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Dockets.Justia.com

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CROWELL & MORING LLP
ATTO RNEY S AT LAW

Plaintiffs Adam Weisblatt, Joe Hanna and David Turk ("Plaintiffs") and defendant AT&T Mobility LLC ("ATTM"), by and through their respective attorneys, hereby stipulate as follows: WHEREAS, on June 23, 2010, Plaintiffs filed their First Amended Complaint in the above-captioned case; WHEREAS, pursuant to June 30, 2010 and July 29, 2010 stipulations, ATTM's time to respond to the First Amended Complaint was extended to August 16, 2010; WHEREAS, on August 16, 2010, ATTM filed a Motion To Compel Arbitration And To Dismiss Claims Or, In The Alternative, To Stay The Case ("Motion To Compel"); WHEREAS, the Court denied the Motion To Compel without prejudice on October 18, 2010; WHEREAS, under FRCP 12(a)(4)(A), ATTM's time to respond is November 1, 2010; WHEREAS, ATTM intends to file a motion to dismiss and seeks an extension of time to do so; WHEREAS, Plaintiffs and ATTM desire to agree to a briefing schedule that will permit the parties to have additional time to prepare and file their respective briefs; WHEREAS, the stipulated extension and briefing schedule will not alter the date of any event or deadline already fixed by the Court. THEREFORE, Plaintiffs and ATTM STIPULATE as follows: 1. 2010. 2. 3. 4. Plaintiffs' brief in opposition shall be filed no later than December 14, 2010. ATTM's reply brief shall be filed no later than January 4, 2011. ATTM's motion to dismiss shall be heard on January 21, 2011 at 9:00 a.m., or as ATTM's time to move to dismiss is extended up to and including November 16,

soon thereafter as may be heard. 5. Except as set forth above, all Local Rules shall remain in effect. Entering into this

stipulation does not constitute a waiver of any defense under Federal Rule of Civil Procedure 12. IT IS SO STIPULATED. 1 CASE NO. 5:10-cv-02553 STIPULATION FOR EXTENSION OF TIME TO RESPOND TO FIRST AMENDED COMPLAINT AND SETTING BRIEFING SCHEDULE; [] ORDER
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CROWELL & MORING LLP
ATTO RNEY S AT LAW

Dated: October 27, 2010

CROWELL & MORING, LLP By: /s/ M. Kay Martin M. Kay Martin Attorneys for Defendants AT&T Mobility LLC

Dated: October 27, 2010

LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP By: /s/ Roger Heller Roger Heller Attorneys for Plaintiffs

I, Joel D. Smith, am the ECF User whose ID and password are being used to file this Stipulation. In compliance with General Order 45, section X.B., I hereby attest that concurrence in the filing of the document has been obtained from each of the other signatories. By: /s/ Joel D. Smith Joel D. Smith

2 CASE NO. 5:10-cv-02553 STIPULATION FOR EXTENSION OF TIME TO RESPOND TO FIRST AMENDED COMPLAINT AND SETTING BRIEFING SCHEDULE; ORDER
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CROWELL & MORING LLP
ATTO RNEY S AT LAW

[] ORDER Pursuant to Stipulation, SO ORDERED.

Dated: 11/18/10

__________________________________________ The Honorable Judge Ronald M. Whyte U. S. District Court

3 CASE NO. 5:10-cv-02553 STIPULATION FOR EXTENSION OF TIME TO RESPOND TO FIRST AMENDED COMPLAINT AND SETTING BRIEFING SCHEDULE; [] ORDER
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