Noll v. eBay, Inc et al

Filing 44

STIPULATION AND ORDER Granting Request for Extension of Time to Respond to Motion to Dismiss re 43 Stipulation. Set/Reset Deadlines as to 40 MOTION to Dismiss Complaint: Opposition due by 1/6/2012. Reply due by 1/20/2012. Signed by Judge Edward J. Davila on 12/28/2011. (ecg, COURT STAFF) (Filed on 12/28/2011)

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KEITH R. VERGES ([e-mail])
PARKER D. YOUNG ([e-mail])
RAYMOND E. WALKER ([e-mail]
FIGARI & DAVENPORT, L.L.P.
901 Main Street, Suite 3400
Dallas, Texas 75202
Tel: [phone]
Fax: [phone]
(Admitted Pro Hac Vice)
SHAWN T. LEUTHOLD
([e-mail])
LAW OFFICE OF SHAWN T. LEUTHOLD
1671 The Alameda #303
San Jose, California 95126
Tel: [phone]
Fax:: [phone]

VERA BROOKS
([e-mail])
THOMPSON & BROOKS
412 E. Madison Street, Suite 900
Tampa, Florida 33602
Tel: [phone]
Fax: [phone]
(Admitted Pro Hac Vice)

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ATTORNEYS FOR PLAINTIFF
RICHARD NOLL

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IN THE 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,

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Plaintiff,

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

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CASE NO. 5:11-CV-04585-EJD
STIPULATION AND [PROPOSED] ORDER
EXTENDING TIME FOR PLAINTIFF TO
RESPOND TO MOTION TO DISMISS BY
EBAY EUROPE S.A.R.L. AND EBAY
INTERNATIONAL AG AND REPLY
Date:
Time:
Judge:
Courtroom:
Trial Date:

March 2, 2012
10:00 a.m.
Hon. Edward J. Davila
1, 5th Floor
Not yet set

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This Stipulation is entered into pursuant to Local Rules 6-2 and 7-12, by and between

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Plaintiff Richard Noll (“Plaintiff”) and Defendants eBay Europe S.A.R.L. (“eBay Europe”) and
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR PLAINTIFF TO RESPOND TO
MOTION TO DISMISS BY EBAY EUROPE S.A.R.L. AND EBAY INTERNATIONAL AG AND REPLY
CASE NO. 5:11-CV-04585-EJD

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eBay International AG (“eBay International”) (collectively, the “Parties”), by and through their

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respective counsel.

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WHEREAS, Plaintiff filed his Complaint in the above-entitled action in the United States
District Court for the Northern District of California on September 15, 2011;

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

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

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Abroad of Judicial and Extra-Judicial documents in Civil and Commercial Matters;

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WHEREAS, the Parties previously stipulated to an extension for eBay Europe and eBay

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International to answer or otherwise respond to the Complaint, until December 16, 2011, and

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agreed to set a hearing on any motion to dismiss for March 2, 2012;

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WHEREAS, on December 16, 2011, eBay Europe and eBay International filed their
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Motion to Dismiss Complaint (Doc. 40) (the “Motion to Dismiss”);

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WHEREAS, under Civil Local Rule 6-2, parties may stipulate in writing to request an

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extension of the time within which to respond to the Motion to Dismiss and for Defendants to

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file a reply thereto;

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WHEREAS, various counsel for Plaintiff are on pre-planned vacations during the 14-day
response period and seek a one-week extension of the response deadline, until January 6, 2012,

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and counsel for eBay Europe and eBay International have requested a like extension to their
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reply deadline to accommodate their docket, until January 20, 2012;

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WHEREAS, extending the date for Plaintiff to respond to the Motion to Dismiss and for

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eBay Europe and eBay International to file a reply thereto as set forth below will not alter the

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date of any event or deadline already fixed by Court order;

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR PLAINTIFF TO RESPOND TO
MOTION TO DISMISS BY EBAY EUROPE S.A.R.L. AND EBAY INTERNATIONAL AG AND REPLY
CASE NO. 5:11-CV-04585-EJD

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NOW THEREFORE, the Parties agree and request Plaintiff’s deadline to respond to the

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Motion to Dismiss be extended until January 6, 2012, and that the deadline to file a reply thereto

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be extended to January 20, 2012;

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AGREED:

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By: /s/ Raymond E. Walker
Keith R. Verges
Parker D. Young
Raymond E. Walker

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By: /s/ Whitty Somvichian
John C. Dwyer
Whitty Somvichian
James M. Penning
Kara C. Wilson

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PURSUANT TO STIPULATION IT IS SO ORDERED:

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Dated:

December 28, 2011
UNITED STATES DISTRICT JUDGE

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FILERS ATTESTATION:

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Pursuant to General Order No. 45, 5X(B) regarding signatures, I attest under penalty of

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perjury that the concurrence in the filing of this document has been obtained from its signatories.

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Dated: December 22, 2011

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By: /s/ Raymond E. Walker
Raymond E. Walker

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CERTIFICATE OF SERVICE

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I hereby certify that all counsel of record will be served with a copy of this document via

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the Court’s CM/ECF system pursuant to the local rules of this Court, on this 22nd day of

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December, 2011.

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/s/ Raymond E. Walker
Raymond E. Walker

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR PLAINTIFF TO RESPOND TO
MOTION TO DISMISS BY EBAY EUROPE S.A.R.L. AND EBAY INTERNATIONAL AG AND REPLY
CASE NO. 5:11-CV-04585-EJD

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