Smith v. eBay Corporation et al

Filing 24

STIPULATION AND ORDER STAYING CASE re 23 . Signed by Magistrate Judge Howard R. Lloyd on 09/24/2010. (hrllc1, COURT STAFF) (Filed on 9/24/2010)

Smith v. eBay Corporation et al

Doc. 24

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THOMAS P. BROWN (S.B. #182916) - [e-mail] RANDALL W. EDWARDS (S.B. #179053) - [e-mail] O'MELVENY & MYERS LLP Two Embarcadero Center, 28th Floor San Francisco, CA 94111-3823 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants eBay Inc., PayPal Inc. [Additional Counsel Listed on Signature Page]

** E-filed September 24, 2010 **

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, Plaintiffs Charlotte Smith, Paul Jackson, Art Beltrone, Lee Beltrone, James Mountain, and Jean Mountain filed their Class Action Complaint in the above-captioned matter on April 12, 2010; WHEREAS, the above-captioned matter was transferred out of the United States District Court, Eastern District of Michigan on August 24, 2010 and entered on this Court's docket on August 27, 2010; WHEREAS, In re eBay Seller Antitrust Litigation, No. C-07-01882-JF(HRL), a related case, is currently on appeal before the 9th Circuit Court of Appeals; WHEREAS, both parties recognize that the resolution of the appeal in In re eBay Seller Antitrust Litigation will allow for a more efficient resolution of the issues in the above-captioned matter by avoiding an unduly burdensome and unnecessary duplication of labor and expense;
STIPULATION AND [PROPOSED] ORDER TO STAY CASE -- NO. C-10-03825(HRL)
Dockets.Justia.com

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

CHARLOTTE SMITH, ET AL. Plaintiffs, v. EBAY CORPORATION, ET AL., Defendants.

Case No. C-10-03825(HRL) JOINT STIPULATION AND [PROPOSED] ORDER TO STAY CASE PENDING RESOLUTION OF RELATED CASE ON APPEAL

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NOW, THEREFORE, IT IS HEREBY JOINTLY STIPULATED, AGREED, AND ORDERED AS FOLLOWS: that the Court shall temporarily stay all litigation proceedings and defer all rulings in the above-captioned case until the 9th Circuit remands or returns the mandate in In re eBay Seller Antitrust Litigation to the United States District Court, Northern District of California. The parties shall inform the Court within a reasonable amount of time of such activity. IT IS SO STIPULATED AND AGREED. Dated: September 21, 2010 THOMAS P. BROWN RANDALL W. EDWARDS O'MELVENY & MYERS LLP

By: /s/ Thomas P. Brown Thomas P. Brown Attorneys for Defendants eBay Inc.; PayPal Inc. Dated: September 21, 2010 PETER W. MACUGA, II KEVIN J. MCGINESS MACUGA, LIDDLE, & DUBIN, P.C.

By: /s/ Peter W. Macuga, II Peter W. Macuga, II Attorneys for Plaintiffs Charlotte Smith, Paul Jackson, Art Beltrone, Lee Beltrone, James Mountain, and Jean Mountain

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STIPULATION AND [PROPOSED] ORDER TO STAY CASE -- NO. C-10-03825(HRL)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: September 2420100 __________, , 201

ORDER

_____________________________________ HON. HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE .

I, Thomas P. Brown, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order. In compliance with General Order 45, X.B., I hereby attest that Peter W. Macuga, II has concurred in this filing.

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STIPULATION AND [PROPOSED] ORDER TO STAY CASE -- NO. C-10-03825(HRL)