Noll v. eBay, Inc et al

Filing 35

STIPULATION AND ORDER Extending Time for eBay Europe S.A.R.L. and eBay International AG to Respond to Complaint and Scheduling Motion to Dismiss Hearing for March 2, 2012 re 34 Stipulation. Response due 12/16/2011 Motion due by 1/27/2012. Signed by Judge Edward J. Davila on 12/2/2011. (ecg, COURT STAFF) (Filed on 12/2/2011)

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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]
Attorneys for Defendants
eBay Inc., eBay Europe S.A.R.L and eBay International AG

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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

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Attorneys for Plaintiff RICHARD NOLL

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Additional attorneys listed on signature page

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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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RICHARD NOLL, individually and on behalf
of all others similarly situated,

Case No. CV 11-04585 EJD
STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME FOR EBAY EUROPE
S.A.R.L. AND EBAY INTERNATIONAL AG
TO RESPOND TO COMPLAINT AND
SCHEDULING MOTION TO DISMISS
HEARING FOR MARCH 2, 2012

Plaintiffs,
v.
EBAY INC., EBAY EUROPE S.A.R.L., and
EBAY INTERNATIONAL AG,

Courtroom:
Judge:
Trial Date:

Defendants.

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1, 5th Floor
Hon. Edward J. Davila
None Set

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COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

1.

STIP. AND [PROPOSED] ORDER EXTENDING TIME
TO RESP. TO COMP. & SCHED. MTD HRG
CV 11-04585

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This Stipulation is entered into pursuant to Local Rule 6-1, by and between plaintiff

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Richard Noll (“Plaintiff”) and defendants eBay Europe S.A.R.L. (“eBay Europe”) and eBay

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International AG (“eBay International”), by and through their respective counsel.

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WHEREAS, Plaintiff filed his Complaint in the above-entitled action in United States
District Court for the Northern District of California on September 15, 2011;
WHEREAS, on October 31, 2011, eBay Inc. filed its motion to dismiss the Complaint
which is set for hearing on March 2, 2012;

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WHEREAS, eBay Europe and eBay International are both international entities that must

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be served using the applicable service procedures set forth in the Hague Convention on the

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Service Abroad of Judicial and Extra-Judicial documents in Civil and Commercial Matters;
WHEREAS, Noll has undertaken efforts to serve both entities and believes eBay Europe
was served on November 4, 2011, and eBay International on November 9, 2011;
WHEREAS, under Civil Local Rule 6-1(a), parties may stipulate in writing, without a
court order, to extend the time within which to answer or otherwise respond to a complaint;

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WHEREAS, extending the date for eBay Europe and eBay International to respond to the

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

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Court order;

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WHEREAS, the Parties agree that the hearing on eBay Europe’s and eBay International’s

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anticipated motion to dismiss should be scheduled for the same date and time – March 2, 2012 at

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9:00 a.m. – as the hearing on eBay Inc’s pending motion;

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WHEREAS, under Local Rule 7-2, motions may be filed thirty-five (35) days in advance

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of a hearing, which in this case would be on or before January 27, 2012;

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NOW, THEREFORE, the Parties hereby stipulate and agree that:

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1. The deadline for eBay Europe and eBay International to respond to the Complaint
(answer, move, or otherwise respond) is extended to and including December 16, 2011; and

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2. The hearing on eBay Europe’s and eBay International’s anticipated motion to dismiss the

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Complaint be scheduled for March 2, 2012, the same date as the hearing on eBay Inc’s pending

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motion to dismiss.

COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

2.

STIP. AND [PROPOSED] ORDER EXTENDING TIME
TO RESP. TO COMP. & SCHED. MTD HRG
CV 11-04585

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IT IS SO STIPULATED.
Dated: November 30, 2011

COOLEY LLP

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/s/
JAMES M. PENNING (229727)

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Attorneys For Defendants EBAY INC.,
EBAY EUROPE S.A.R.L AND EBAY INTERNATIONAL AG
Dated: November 30, 2011

FIGARI & DAVENPORT, LLP

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/s/
KEITH R. VERGES

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Attorneys for Plaintiff RICHARD NOLL

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ORDER
IT IS SO ORDERED.
Date: December 2, 2011

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Honorable Edward J. Davila
United States District Judge

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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 Plaintiff RICHARD NOLL

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COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

3.

STIP. AND [PROPOSED] ORDER EXTENDING TIME
TO RESP. TO COMP. & SCHED. MTD HRG
CV 11-04585

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ATTESTATION PURSUANT TO GENERAL ORDER 45

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I, James M. Penning, attest that concurrence in the filing of this Stipulation and

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[Proposed] Order Extending Time For eBay Europe S.A.R.L. and eBay International AG to

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Respond to Complaint and Scheduling Motion to Dismiss Hearing for March 2, 2012 has been

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obtained from each of the other signatories.

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/s/
James M. Penning

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990079 v1/HN

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COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

4.

STIP. AND [PROPOSED] ORDER EXTENDING TIME
TO RESP. TO COMP. & SCHED. MTD HRG
CV 11-04585