Noll v. eBay, Inc et al

Filing 104

STIPULATION AND ORDER AS MODIFIED BY THE COURT re 103 Stipulation Regarding Deferral of Defendants Response to Plaintiffs Consolidated Third Amended Class Action Complaint and Discovery filed by eBay, Inc. the Parties agree that eBays deadli ne to respond to the TAC and formal discovery will be deferred pending the Parties exchange of information and discussions concerning a potential resolution to the above captioned action. The Parties agree to submit a further submission to the Court proposing deadlines for eBay's response to the TAC, formal discovery, and other case management dates if necessary in light of the Parties' discussions. Status Report due by 8/23/2013. Status Conference set for 8/30/2013 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 7/16/2013. (ecg, COURT STAFF) (Filed on 7/16/2013)

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COOLEY LLP
JOHN C. DWYER (136533) ([e-mail])
JAMES M. PENNING (229727) ([e-mail])
KARA C. WILSON (268535) ([e-mail])
Five Palo Alto Square
3000 El Camino Real
Palo Alto, CA 94306-2155
Telephone:
[phone]
Facsimile:
[phone]
COOLEY LLP
WHITTY SOMVICHIAN (194463) ([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant EBAY INC.
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Additional attorneys listed on signature page

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DERED
SO OR
IT IS
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Attorneys for Plaintiffs

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NO

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FIGARI & DAVENPORT, LLP
KEITH R. VERGES ([e-mail])*
PARKER D. YOUNG ([e-mail])*
RAYMOND E. WALKER ([e-mail]*
901 Main Street, Suite 3400
Dallas, TX 75202
Telephone: [phone]
Facsimile: [phone]
*Admitted Pro Hac Vice

RT
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S DISTRICT
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7/16/2013

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA- SAN JOSE DIVISION

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RICHARD NOLL AND RHYTHM MOTOR
SPORTS, LLC, Individually and on behalf of
all others similarly situated,

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Plaintiff,

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Case No. 5:11-CV-04585 EJD
STIPULATION REGARDING DEFERRAL OF
DEFENDANT’S RESPONSE TO PLAINTIFFS’
CONSOLIDATED THIRD AMENDED CLASS
ACTION COMPLAINT AND DISCOVERY

v.
Courtroom:
Judge:
Trial Date:

EBAY INC.

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Hon. Edward J. Davila
None Set

Defendant.

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COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

2045575/NY

1.

STIP. RE DEFERRAL OF ANSWER AND DISCOVERY
CASE NO. 5:11-CV-04585 EJD

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This Stipulation is entered into pursuant to Local Rule 6-1, by and among plaintiffs

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Richard Noll (“Noll”) and Rhythm Motor Sports, LLC (“Rhythm”) (collectively, “Plaintiffs”) and

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defendant eBay Inc. (“eBay”) (Plaintiffs and eBay collectively, “the Parties”), by and through

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their respective counsel.

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WHEREAS, on July 1, 2013, Plaintiffs’ Consolidated Third Amended Class Action
Complaint (“TAC”) was filed in the above captioned action [Docket No. 102];

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WHEREAS, pursuant to Federal Rule of Civil Procedure 15, eBay’s deadline to respond
to the TAC is July 18, 2013;

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WHEREAS, under Civil Local Rule 6-1(a), parties may stipulate in writing, without a

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court order, to extend the time within which to answer or otherwise respond to a complaint;

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WHEREAS, deferring the date for eBay to respond to the TAC and deferring formal

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discovery as set forth below will not alter the date of any event or deadline already fixed by Court

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order;

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WHEREAS, the Parties agree that, for purposes of judicial economy and to preserve party

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resources, eBay’s deadline to respond to the TAC and formal discovery among the Parties should

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be deferred pending the Parties’ initial discussions concerning a potential resolution of this action;

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WHEREAS, the Parties agree to submit a further stipulation proposing deadlines for

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eBay’s response to the TAC and other case management dates if necessary, based on the outcome

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of the Parties’ discussions;

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NOW, THEREFORE, the Parties agree that eBay’s deadline to respond to the TAC and

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formal discovery will be deferred pending the Parties’ exchange of information and discussions

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concerning a potential resolution to the above captioned action. The Parties agree to submit a

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further submission to the Court proposing deadlines for eBay’s response to the TAC, formal

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discovery, and other case management dates if necessary in light of the Parties’ discussions.

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COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

2045575/NY

2.

STIP. RE DEFERRAL OF ANSWER AND DISCOVERY
CASE NO. 5:11-CV-04585 EJD

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IT IS SO STIPULATED.

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Dated: July 12, 2013

COOLEY LLP

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/s/ Whitty Somvichian
Whitty Somvichian

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Attorneys for Defendant EBAY INC.
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Dated: July 12, 2013

FIGARI & DAVENPORT, LLP

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/s/ Keith R. Verges
Keith R. Verges

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Attorneys for Plaintiffs RICHARD NOLL and
RHYTHM MOTOR SPORTS, LLC

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Additional attorneys:

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LAW OFFICE OF SHAWN T. LEUTHOLD
SHAWN T. LEUTHOLD ([e-mail])
1671 The Alameda, Suite 303
San Jose, CA 95126
Telephone: [phone]
Facsimile: [phone]

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THOMPSON & BROOKS
VERA BROOKS ([e-mail])*
412 E. Madison Street, Suite 900
Tampa, FL 33602
Telephone: [phone]
Facsimile: [phone]
*Admitted Pro Hac Vice

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Attorneys for Plaintiffs RICHARD NOLL and
RHYTHM MOTOR SPORTS, LLC

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ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1(i)(3)

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Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures, I attest under penalty of
perjury that the concurrence in the filing of this document has been obtained from its signatory.
/s/ Whitty Somvichian

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COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

2045575/NY

3.

STIP. RE DEFERRAL OF ANSWER AND DISCOVERY
CASE NO. 5:11-CV-04585 EJD

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The Court also schedules a Status Conference for August 30,of Defendant Xi’an Forstar S&T
THE COURT HAVING CONSIDERED the Request 2013 at 10:00 AM. On
or before August 23, 2013 the parties shall file a joint status statement.
Co., Ltd.’s lead counsel, Charles Correll, Jr., to Appear Telephonically at Rule 26 Status
Conference and Hearing on Motion to Dismiss scheduled for August 30, 2013, GRANTS the
request. Lead counsel for Defendant, Charles Correll, Jr. may appear telephonically at the
August 30, 2013 Rule 26 Status Conference and Hearing on Motion to Dismiss.

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IT IS SO ORDERED.

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Dated:

7/16/2013
Honorable Edward J. Davilla
Judge, United States District Court

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STIP. RE DEFERRAL OF ANSWER AND DISCOVERY
CASE NO. 5:11-CV-04585 EJD