Cullen v. Netflix, Inc.

Filing 21

STIPULATION AND ORDER GRANTING BRIEFING SCHEDULE FOR MOTION TO DISMISS FIRST AMENDED COMPLAINT re 19 Stipulation. Signed by Judge Edward J. Davila on 6/14/2011. (ecg, COURT STAFF) (Filed on 6/14/2011)

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Attorneys for Defendant
NETFLIX, INC.

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Davila

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ERED

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DAVID F. MCDOWELL (CA SBN 125806)
JACOB M. HARPER (CA SBN 259463)
MORRISON & FOERSTER LLP
555 West Fifth Street, Suite 3500
Los Angeles, California 90013
Telephone: [phone]
Facsimile: 213.892.5454
Email:
[e-mail]
[e-mail]

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S DISTRICT
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NORTHERN DISTRICT OF CALIFORNIA

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6/14/2011

UNITED STATES DISTRICT COURT

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SAN JOSE DIVISION

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DONALD CULLEN, on behalf of himself
and all others similarly situated,

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Plaintiff,
v.
NETFLIX, INC.,

Case No. 5:11-cv-01199 EJD
STIPULATION REGARDING
BRIEFING SCHEDULE FOR
MOTION TO DISMISS FIRST
AMENDED COMPLAINT
Hon. Edward J. Davila

Defendant.

Complaint Filed: April 9, 2011

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STIP. RE: BRIEFING SCHEDULE FOR MOT. TO DISMISS FAC
CASE NO. 5:11-CV-01199 EJD

Pursuant to Civil Local Rule 6-1, plaintiff Donald Cullen (“Plaintiff”) and

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defendant Netflix, Inc. (“Netflix”), through their undersigned counsel, hereby

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stipulate as follows:

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WHEREAS, Plaintiff filed the First Amended Complaint on April 9, 2011;

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WHEREAS, General Order 56 automatically stayed all proceedings and

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dates in this matter, including Defendant’s deadline to respond to the First

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Amended Complaint;
WHEREAS, the Court lifted General Order 56’s automatic stay on May 24,

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2011;
WHEREAS, pursuant to Federal Rule of Civil Procedure 12, Defendant’s

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deadline to respond to the First Amended Complaint was set for June 14, 2011;
WHEREAS, Defendant intends to file as its response a motion to dismiss the

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First Amended Complaint;
WHEREAS, the parties have agreed to the following briefing schedule for

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Defendant’s anticipated motion to dismiss the First Amended Complaint, which

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schedule does not alter the date of any event or any deadline already fixed by Court

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Order (pursuant to Civil Local Rule 6-1(a));

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NOW, THEREFORE, IT IS HEREBY STIPULATED:

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1.

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Amended Complaint shall be extended to and including June 28, 2011;
2.

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Defendant’s time to serve and file its motion to dismiss the First

Plaintiff shall have to and including July 26, 2011, to serve and file

any opposition to Defendant’s motion to dismiss.
3.

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Defendant shall have to and including August 9, 2011, to serve and file

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a reply to Plaintiff’s opposition;

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///

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STIP. RE: BRIEFING SCHEDULE FOR MOT. TO DISMISS FAC
CASE NO. 5:11-CV-01199 EJD

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4.

The Court shall hear Defendant’s motion to dismiss on August 19,

2011, at 9:00 a.m., or as soon thereafter as the Court’s schedule permits.

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Dated:

June 13, 2011

THE WESTON FIRM

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By:

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Attorneys for Plaintiff
DONALD CULLEN

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/s/ Jack Fitzgerald
Jack Fitzgerald

Dated:

June 13, 2011

MORRISON & FOERSTER LLP

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By:

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/s/ David F. McDowell
David F. McDowell
Attorneys for Defendant
NETFLIX, INC.

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la-1127134

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STIP. RE: BRIEFING SCHEDULE FOR MOT. TO DISMISS FAC
CASE NO. 5:11-CV-01199 EJD