Noll v. eBay, Inc et al

Filing 37

STIPULATION AND ORDER to Enlarge Page Limits for Plaintiff's Opposition to Motion to Dismiss. Signed by Judge Edward J. Davila on 12/9/2011. (ejdlc1, COURT STAFF) (Filed on 12/9/2011)

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7 8 9 10 SHAWN T. LEUTHOLD ( LAW OFFICE OF SHAWN T. LEUTHOLD 1671 The Alameda #303 San Jose, California 95126 Tel: (408) 924-0132 Fax:: (408) 924-0134 R NIA . Davila LI A N F D IS T IC T O R C VERA BROOKS ( THOMPSON & BROOKS 412 E. Madison Street, Suite 900 Tampa, Florida 33602 Tel: (813) 387-1822 Fax: (813) 387-1824 (Pro Hac Vice Application Planned) 11 12 ER d w a rd J FO S 6 J u d ge E H 5 RT 4 TED GRAN NO 3 UNIT ED 2 KEITH R. VERGES ( PARKER D. YOUNG ( RAYMOND E. WALKER ( FIGARI & DAVENPORT, L.L.P. 901 Main Street, Suite 3400 Dallas, Texas 75202 Tel: (214) 939-2000 Fax: (214) 939-2090 (Pro Hac Vice Application Pending) RT U O 1 S DISTRICT TE C TA ATTORNEYS FOR PLAINTIFF RICHARD NOLL 13 IN THE UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 17 SAN JOSE DIVISION RICHARD NOLL, Individually and on behalf of all others similarly situated, Plaintiff, 18 19 v. 20 EBAY, INC., EBAY EUROPE S.A.R.L., and EBAY INTERNATIONAL AG 21 22 23 24 25 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 5:11-cv-04585-EJD STIPULATION TO ENLARGE PAGE LIMITS FOR PLAINTIFF’S OPPOSITION TO MOTION TO DISMISS Pursuant to L. R. 7.12 and 7.4(b), Plaintiff and Defendant eBay, Inc. (“eBay”) file this stipulation regarding the modification of page limits allowed for Plaintiff’s opposition to eBay’s 26 27 28 STIPULATION TO ENLARGE PAGE LIMITS FOR PLAINTIFF’S OPPOSITION TO MOTION TO DISMISS PAGE 1 1 pending motion to dismiss [Docket no. 24]. In that regard, Plaintiff requests an enlargement of 2 the page limits for his opposition and brief in support up to 30 pages, and states: 3 I. 4 5 Pursuant to the parties’ prior stipulation, Plaintiff’s response to eBay’s motion to dismiss 6 is due by December 9, 2011. [Docket no. 33.] This request is made before the due date for 7 Plaintiff’s opposition pursuant to Local Rule 7.4(b). 8 9 Plaintiff needs additional pages to fully respond. In particular, addressing the specifics relating to several web pages at issue here takes up additional space. In addition, the motion to 10 11 12 13 dismiss raises several distinct legal issues. Plaintiff submits that the briefing in his opposition will be helpful to the Court in deciding each of the matters presented. The cumulative effect of the space necessary to address the factual and legal contentions 14 raised by the motion is that Plaintiff will need in excess of the 25-page limit to fully respond. 15 Plaintiff also notes that the Local Rules afford Defendant a total of 40 pages (25 in the motion 16 and 15 in the reply) for presenting its position. Plaintiff seeks 5 additional pages. 17 II. 18 19 Accordingly, Plaintiff and eBay stipulate and request that the page limits for Plaintiff’s 20 opposition be enlarged to 30 pages. 21 AGREED: 22 By: /s/ Raymond E. Walker Keith R. Verges Parker D. Young Raymond E. Walker 23 24 By: /s/ Whitty Somvichian John C. Dwyer Whitty Somvichian James M. Penning Kara C. Wilson 25 26 27 28 STIPULATION TO ENLARGE PAGE LIMITS FOR PLAINTIFF’S OPPOSITION TO MOTION TO DISMISS PAGE 2 1 2 PURSUANT TO STIPULATION, IT IS SO ORDERED: 3 4 Dated: December 9, 2011 5 6 7 8 United States District Judge FILERS ATTESTATION: Pursuant to General Order No. 45, 5X(B) regarding signatures, I attest under penalty of perjury that the concurrence in the filing of this document has been obtained from its signatories. 9 Dated: December 8, 2011 By: /s/ Raymond E. Walker Raymond E. Walker 10 11 CERTIFICATE OF SERVICE 12 13 14 15 I hereby certify that all counsel of record will be served with a copy of this document via the Court’s CM/ECF system pursuant to the local rules of this Court, on this 8thh day of December, 2011. 16 17 /s/ Raymond E. Walker Raymond E. Walker 18 19 20 21 22 23 24 25 26 27 28 STIPULATION TO ENLARGE PAGE LIMITS FOR PLAINTIFF’S OPPOSITION TO MOTION TO DISMISS PAGE 3

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