Weber v. Google, Inc.

Filing 43

STIPULATION to Withdrawal of Google's Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to Rules 12(b)(1) and 12(b)(6) and Request For Status Conference 33 by Google, Inc.. (Attachments: # 1 Proposed Order)(Edwards, Randall) (Filed on 10/26/2011)

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RANDALL W. EDWARDS (S.B. #179053)
[e-mail]
O'MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, California 94111-3823
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
Google Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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JASON WEBER,

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Case No. 10-cv-05035-EJD
Plaintiff,

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v.

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GOOGLE INC.,

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STIPULATION TO WITHDRAWAL
OF GOOGLE'S MOTION TO DISMISS
PLAINTIFF'S FIRST AMENDED
COMPLAINT PURSUANT TO RULES
12(b)(1) AND 12(b)(6) AND REQUEST
FOR STATUS CONFERENCE

Defendant.

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STIP. TO WITHDRAWAL OF GOOGLE'S
MTD AND REQ. FOR STATUS
CONFERENCE 10-CV-05035-EJD

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Pursuant to Civil Local Rule 7-7(e) and in light of the Court’s October 11, 2011 order,

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Plaintiff Jason Weber and Defendant Google Inc. (collectively, the “Parties”) hereby stipulate to

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the withdrawal, without prejudice to re-filing at a later time, of Google’s Motion to Dismiss

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Plaintiff’s First Amended Complaint Pursuant To Rules 12(b)(1) and 12(b)(6) (Docket No. 33,

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filed May 4, 2011). The Parties further request that the Court set a status conference, at which

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time the Parties may address, among other things, an appropriate briefing and hearing schedule

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related to any renewed Rule 12 motion. A Case Management Conference is currently scheduled

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for December 2, 2011 at 10:00 a.m., and the Parties request the status conference be set at that

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time if convenient for the Court.

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Dated: October 26, 2011

O'MELVENY & MYERS LLP

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By:

/s/ Randall W. Edwards
Randall W. Edwards
Attorneys for Defendant

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Dated: October 26, 2011

KAMBERLAW, LLC

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By:

/s/ Scott A. Kamber
Scott A. Kamber
Attorneys for Plaintiff

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Filer’s Attestation: In compliance with General Order 45(X)(B), I hereby attest that concurrence

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in the filing of this Stipulation has been obtained from Scott A. Kamber.

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Dated: October 26, 2011

O'MELVENY & MYERS LLP

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By:

/s/ Randall W. Edwards
Randall W. Edwards
Attorneys for Defendant

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STIP. TO WITHDRAWAL OF GOOGLE'S
MTD AND REQ. FOR STATUS
CONFERENCE 10-CV-05035-EJD