Goodlick v. Apple, Inc.

Filing 68

STIPULATION AND ORDER 64 For Extension of Time to Respond to Second Amended Complaint and Resetting Case Management Conference Pending MDL Transfer. Case Management Conference set for 1/14/2011 10:30 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 10/28/10. (jg, COURT STAFF) (Filed on 10/28/2010)

Goodlick v. Apple, Inc.

Doc. 68

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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: [phone] Kathleen Taylor Sooy [e-mail] CROWELL & MORING LLP 1001 Pennsylvania Avenue, NW Washington, DC 20004 Telephone: [phone] Facsimile: [phone] Attorneys for AT&T Mobility LLC UNITED STATES DISTRICT COURT *E-FILED - 10/28/10*

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CROWELL & MORING LLP
ATTO RNEY S AT LAW

MICHAEL J. GOODGLICK, et al., on behalf of themselves and all others similarly situated, Plaintiffs, v. APPLE, INC., AT&T MOBILITY LLC,

Case No. 5:10-cv-02862-RMW STIPULATION FOR EXTENSION OF TIME TO RESPOND TO SECOND AMENDED COMPLAINT AND RESETTING CASE MANAGEMENT CONFERENCE PENDING MDL TRANSFER; [] ORDER [N.D. CAL. CIVIL L.R. 6-1(a) and 6-1(b)]

Defendants. The Hon. Ronald M. Whyte Second Amended Complaint filed: August 5, 2010

CASE NO. 5:10-cv-02862-RMW STIPULATION FOR EXTENSION OF TIME TO RESPOND TO SECOND AMENDED COMPLAINT AND RESETTING CASE MANAGEMENT CONFERENCE PENDING MDL TRANSFER

Dockets.Justia.com

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CROWELL & MORING LLP
ATTO RNEY S AT LAW

Pursuant to Northern District of California Local Rule 6-1(a), it is hereby stipulated by and between plaintiffs Michael James Goodglick, Karen Young, Joshua Gilson, Brandon Ellison Reininger, Trevor Antunez, Jessica Lares, Jaywill Sands, Bryan Colver, Jaclyn Badolato, Nicole Stankovitz and Vinny Curbelo, and defendant AT&T Mobility LLC ("ATTM"), through their respective attorneys, that the time by which ATTM may plead or otherwise respond to the Second Amended Complaint shall be extended to and including November 15, 2010. The parties have previously stipulated to extend the time to respond to the Second Amended Complaint to November 1, 2010. The stipulated extension does not alter the date of any event or deadline already fixed by court order. In addition, pursuant to Local Rule 6-1(b), the parties hereby stipulate and respectfully request that the Court vacate the Initial Case Management Conference ("CMC"), which is currently scheduled for October 29, 2010. The parties ask that the Court reschedule the CMC so that the eleven other related actions currently before this Court,1 and all related actions to be transferred to this Court for coordinated or consolidated pretrial proceedings pursuant to the October 8, 2010 Transfer Order of the Judicial Panel on Multidistrict Litigation,2 can be addressed at the same CMC.

The related cases currently pending before this Court are: Goodglick v. Apple Inc. (Case No. 5:10-cv-02862); Benvenisty v. Apple Inc. (Case No. 5:10-cv-02885); Dydyk v. Apple Inc. (Case No. 5:10-cv-02897); Rogers v. Apple Inc. (Case No. 5:10-cv-02916); Tietze v. Apple Inc. (Case No. 5:10-cv-02929); Fasano v. Apple Inc. et al. (Case No. 5:10-cv-03010); Mayo v. Apple Inc. (Case No. 5:10-cv-03017); Aguilera v. Apple Inc. (Case No. 5:10-cv-03056); Noble v. Apple Inc. (Case No. 5:10-cv-3957); Milrot v. Apple Inc. (Case No. 5:10-cv-04117); and DeRose v. Apple Inc. (Case No. 5:10-cv-04273). 2 The Transfer Order includes the following four actions not currently pending before this Court: Gionis v. Apple Inc. (Case No. 1:10-1111- (D. Mass.)); McCaffrey v. Apple Inc. (Case No. 1:10-1776 (D. Md.)); Purdue v. Apple Inc. (Case No. 3:10-687 (M.D. Tenn.)); and Nguyen v. Apple Inc. (Case No. 3:10-252 (S.D. Tex.)). 2 CASE NO. 5:10-cv-02862-RMW STIPULATION FOR EXTENSION OF TIME TO RESPOND TO SECOND AMENDED COMPLAINT AND RESETTING CASE MANAGEMENT CONFERENCE PENDING MDL TRANSFER

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CROWELL & MORING LLP
ATTO RNEY S AT LAW

Dated: October 26, 2010

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

Dated: October 26, 2010

KERSHAW, CUTTER & RATINOFF, LLP By: /s/ John R. Parker, Jr.

John R. Parker, Jr. Attorneys for Plaintiffs Michael James Goodglick, et al.

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

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CROWELL & MORING LLP
ATTO RNEY S AT LAW

[] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED: 1. The Initial Case Management Conference set for October 29, 2010 is vacated and . The case management conference shall include all

will be continued to January 14, 2011

related actions and any other actions transferred by the JPML. 2. The parties shall submit a Joint Case Management Conference Statement no later

than seven days prior to the Initial Case Management Conference.

28 Dated: October __________, 2010.

By: The Honorable Judge Ronald M. Whyte

4 CASE NO. 5:10-cv-02862-RMW STIPULATION FOR EXTENSION OF TIME TO RESPOND TO SECOND AMENDED COMPLAINT AND RESETTING CASE MANAGEMENT CONFERENCE PENDING MDL TRANSFER