Earll v. eBay, Inc., a Delaware Corporation

Filing 72

ORDER VACATING CASE MANAGEMENT CONFERENCE re 71 STIPULATION. The 3/9/2012 Case Management Conference and associated deadlines are VACATED. The court will address scheduling issues further in the order on Defendant's Motion to Dismiss. Signed by Judge Edward J. Davila on 2/29/2012. (ecg, COURT STAFF) (Filed on 2/29/2012)

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MICHAEL J. ASCHENBRENER (SBN 277114)
[e-mail]
ASCHENBRENER LAW, P.C.
795 Folsom Street, First Floor
San Francisco, CA 94107
Telephone: [phone]
Fax: [phone]

BINGHAM McCUTCHEN LLP
MARY T. HUSER (SBN 136051)
[e-mail]
1117 S. California Avenue
Palo Alto, CA 94304-1106
Phone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff and the putative class

BINGHAM McCUTCHEN LLP
JOHN A. POLITO (SBN 253195)
[e-mail]
Three Embarcadero Center
San Francisco, CA 94111-4067
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
eBay Inc., a Delaware Corporation

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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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MELISSA J. EARLL, individually and on behalf
of all others similarly situated,
Plaintiff,

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No. 5:11-CV-00262-EJD
STIPULATION AND [PROPOSED]
ORDER TO RESCHEDULE CASE
MANAGEMENT CONFERENCE

v.
eBAY INC., a Delaware Corporation,
Defendant.

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Case No. 5:11-CV-00262 EJD

STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE CMC

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Plaintiff Melissa J. Earll (“Plaintiff”) and Defendant eBay Inc. (“eBay”; and

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together with Plaintiff, the “Parties”) stipulate as follows and request that the Court enter the

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[Proposed] Order set forth below.

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1.

On July 29, 2011, the Parties submitted a Joint Case Management Statement, in

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compliance with Civ. L.R. 16-9 and Court’s March 1, 2007 Standing Order on Joint Case

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Management Statements. See Dkt. 56. The Joint Case Management Statement noted the Parties’

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previous agreement to stay discovery pending resolution of motions to dismiss. See id. at 3-4.

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The Joint Case Management Statement included the Parties’ proposed case schedules, both of

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which are tied to resolution of motions to dismiss. See id. at 6-7.

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2.

On October 7, 2011, the Court set a Case Management Conference for March 9,

2012. See Clerk’s Notice, Dkt. 65.
3.

On October 19, 2011, eBay moved to dismiss Plaintiff’s First Amended

Complaint. See Dkt. 66.
4.

On February 7, 2012, the Court took eBay’s Motion to Dismiss Plaintiff’s First

Amended Complaint under submission without oral argument. See Clerk’s Notice, Dkt. 70.
5.

The Parties respectfully suggest that the next Case Management Conference be

set after resolution of eBay’s Motion to Dismiss Plaintiff’s First Amended Complaint.
6.

In light of the above, the Parties stipulate and request that the Court order:

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a.

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b. that a case management conference be set for two weeks after the Court’s Order

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on eBay’s Motion to Dismiss is issued, or such other date as is convenient for the

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Court.

that the case management conference currently set for March 9, 2012, be vacated;

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Case No. 5:11-CV-00262 EJD

STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE CMC

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DATED: February 27, 2012

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Bingham McCutchen LLP
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By:

/s/ Mary T. Huser
Mary T. Huser

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Attorneys for Defendant
eBay Inc.

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In accordance with General Order No. 45, Rule X, the above signatory attests that
concurrence in the filing of this document has been obtained from the signatory below.
DATED: February 27, 2012

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Aschenbrener Law, P.C.

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By:

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/s/ Michael J. Aschenbrener
Michael J. Aschenbrener

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Attorneys for Plaintiff

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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The March 9, 2012 Case Management Conference and associated deadlines are VACATED.
The court will address scheduling issues further in the order on Defendant's Motion to
Dismiss.
February 29
DATED: ______________, 2012

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_____________________________
Edward J. Davila

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United States District Court Judge

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Case No. 5:11-CV-00262 EJD

STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE CMC