In re Google Referrer Header Privacy Litigation
Filing
42
STIPULATION WITH PROPOSED ORDER / Stipulated Request For Order Changing Time For Motion To Dismiss Briefing filed by Google Inc.. (Attachments: #1 Declaration Of Randall W. Edwards In Support, #2 Proposed Order)(Edwards, Randall) (Filed on 5/30/2012)
1
2
3
4
5
6
RANDALL W. EDWARDS (S.B. #179053)
redwards@omm.com
JEAN NIEHAUS (S.B. #254891)
jniehaus@omm.com
O'MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, California 94111-3823
Telephone:
(415) 984-8700
Facsimile:
(415) 984-8701
Attorneys for Defendant
Google Inc.
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
SAN JOSE DIVISION
11
12
PALOMA GAOS, et al.
13
Plaintiffs,
14
15
DECLARATION OF RANDALL W.
EDWARDS IN SUPPORT OF
STIPULATED REQUEST FOR
ORDER CHANGING TIME FOR
MOTION TO DISMISS BRIEFING
Defendant.
Honorable Edward J. Davila
v.
GOOGLE INC.,
16
Case No. 5:10-cv-04809-EJD
17
18
19
20
21
22
23
24
25
26
27
28
EDWARDS DECLARATION
5:10-CV-04809-EJD
1
I, Randall W. Edwards, declare as follows:
2
3
4
5
1.
with the law firm of O’Melveny & Myers, LLP, counsel for Defendant Google Inc. I make this
declaration of my own personal knowledge and, if called as a witness, would testify to the matters
set forth below.
6
7
8
2.
11
through the online docket for this case at ECF No. 1.
3.
related orders are available at ECF Nos. 7, 10, 11-12, 17-18.
4.
16
5.
The order dismissing the Complaint is available at ECF No. 24.
6.
21
22
23
24
25
26
27
Plaintiff filed the First Amended Complaint (“FAC”) on May 2, 2011, available at
ECF No. 26.
19
20
The Complaint was dismissed on Google’s motion on April 4, 2011, and Chief
Judge James Ware instructed Plaintiff to file any amended complaint on or before May 2, 2011.
17
18
Google filed a Motion to Dismiss the Complaint on March 21, 2011, available at
ECF No. 22.
14
15
Between November 15, 2010 and January 27, 2011, the parties entered into three
stipulations extending Defendant’s time to respond to the Complaint. These stipulations and the
12
13
This action was originally filed on October 25, 2010 in the San Jose Division of
the United States District Court, Northern District of California. The Complaint is available
9
10
I am a member in good standing of the Bar of the State of California and a partner
7.
Google filed a motion to dismiss the FAC on March 21, 2011, available at ECF
8.
On March 29, 2012, Judge Edward J. Davila issued an order granting-in-part and
No. 22.
denying-in-part Google’s motion to dismiss the FAC, granting leave to amend the dismissed
claims and instructing Plaintiff to file any amended complaint on or before May 1, 2012. The
order dismissing the FAC is available at ECF No. 38.
9.
The original plaintiff, Paloma Gaos, and one additional plaintiff, Anthony Italiano,
filed the Second Amended Complaint (“SAC”) on May 1, 2012, available at ECF No. 39.
10.
On or about May 2, 2012, I informed Plaintiffs’ counsel of Google’s intention to
28
EDWARDS DECLARATION
5:10-CV-04809-EJD
1
2
3
4
5
6
7
8
file a motion to dismiss the SAC, and counsel for both sides agreed to an extended briefing
schedule to provide both parties time to adequately brief the issues presented in the case. On May
8, 2012, I filed a Stipulation and Stipulated Request to extend Google’s time for filing its motion
to dismiss and to extend the deadlines for relating briefing, available at ECF No. 40. Under that
revised schedule, Google’s motion to dismiss was due May 30, 2012, Plaintiffs’ opposition was
due July 3, 2012, and Google’s reply was due July 17, 2012. The Court granted the order
revising the briefing schedule and entered that order on the docket at ECF No. 41 on May 9,
2012.
9
10
11
12
11.
agreed to extend all briefing deadlines by two weeks, except that the hearing date will remain set
for September 21, 2012. Under the stipulated, modified briefing schedule, the Court will receive
all moving papers seven weeks before the scheduled hearing.
13
14
15
16
12.
19
The requested enlargement of time will affect the schedule of the case as follows:
Google shall file its Motion to Dismiss the Second Amended Complaint on or before June 15,
2012; Plaintiffs shall respond to any motion filed by Google on or before July 19, 2012; and
Google shall file its Reply in support of any motion on or before August 2, 2012.
17
18
The parties desire to discuss certain issues in advance, and accordingly have
I declare under penalty of perjury under the laws of the United States and the State of
California that the foregoing is true and correct. Executed on May 30, 2012 in San Francisco,
CA.
20
21
22
/s/ Randall W. Edwards
Randall W. Edwards
23
24
25
26
27
28
-2-
EDWARDS DECLARATION
5:10-CV-04809-EJD
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?