Noll v. eBay, Inc et al

Filing 89

ORDER GRANTING 87 Stipulation Setting Briefing Schedule for eBay Inc.'s Response to Consolidated Complaint filed by eBay, Inc. eBay's response due 10/17/2012. Signed by Judge Edward J. Davila on 9/28/2012. (ecg, COURT STAFF) (Filed on 9/28/2012)

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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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DERED

O OR
IT IS S

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

UNIT
ED

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Attorneys for Plaintiff RICHARD NOLL and
Plaintiff/Intervenor RHYTHM MOTOR SPORTS, LLC

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d wa
J u d ge E

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S DISTRICT
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vila

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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]

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Additional attorneys listed on signature page

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9/28/2012

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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, Individually and on behalf
of all others similarly situated,

Case No. 5:11 CV-04585 EJD

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AND

STIPULATION SETTING BRIEFING
SCHEDULE FOR EBAY INC.’S RESPONSE
TO CONSOLIDATED COMPLAINT

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RHYTM MOTOR SPORTS, LLC,
Individually and on behalf of all others
similarly situated

Courtroom:
Judge:
Trial Date:

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Plaintiff/Intervenor,

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Plaintiff,

v.
EBAY INC.,
Defendant.

COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

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Hon. Edward J. Davila
None Set

1.

STIPULATION SETTING BRIEFING SCHEDULE FOR
EBAY INC.’S RESPONSE TO CONSOL. COMPLAINT
CV 11-04585-EJD

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This Stipulation is entered into by and among plaintiffs Richard Noll (“Noll”) and Rhythm

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Motor Sports LLC (“Rhythm”) (collectively “Plaintiffs”) and defendant eBay Inc. (“eBay”)

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(Plaintiffs and eBay collectively “the Parties”), by and through their respective counsel.

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WHEREAS, on September 4, 2012, the Court granted Rhythm’s motion to intervene and

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ordered Rhythm to file its complaint in intervention (the “Rhythm Complaint”) by September 18,

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2012 and Plaintiffs to file a consolidated complaint by October 2, 2012 [Docket No. 83];

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WHEREAS, on September 18, 2012, the Rhythm Complaint was filed in the abovecaptioned action [Docket No. 84];

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WHEREAS, Plaintiffs acknowledge that eBay need not file a separate response to the

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Rhythm Complaint and will instead respond to all claims brought by Rhythm by filing a response

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to the consolidated complaint to be filed in this matter. Plaintiffs acknowledge that by responding

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to the consolidated complaint and not the Rhythm Complaint, eBay is not waiving or foregoing

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any rights, defenses, or counterclaims it may have in connection with Rhythms claims;

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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 time within which to respond to a motion to dismiss and for eBay to file a reply

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thereto;

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WHEREAS, extending the date for Plaintiffs to respond to a motion to dismiss and for

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eBay to file a reply thereto as set forth below will not alter the date of any event or deadline

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already fixed by Court order;

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IT IS HEREBY STIPULATED THAT:

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1. eBay need not respond to the Rhythm Complaint;

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2. eBay, by responding to the consolidated complaint and not the Rhythm Complaint,

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is not waiving or foregoing any rights, defenses, or counterclaims it may have in connection with

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Rhythm’s claims;

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3. eBay shall file its response to the consolidated complaint (answer, move, or
otherwise respond) no later than October 17, 2012;
4. If eBay files a motion, Plaintiffs’ opposition shall be filed no later than
November 2, 2012; and

COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

2.

STIPULATION SETTING BRIEFING SCHEDULE FOR
EBAY INC.’S RESPONSE TO CONSOL. COMPLAINT
CV 11-04585-EJD

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5. eBay shall file its reply in support of any such motion no later than
November 16, 2012.

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Dated: September 26, 2012

COOLEY LLP

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/s/ James M. Penning
JAMES M. PENNING (229727)

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Attorneys For Defendant EBAY INC.
Dated: September 26, 2012

FIGARI & DAVENPORT, LLP

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/s/ Keith R. Verges
KEITH R. VERGES

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Attorneys for Plaintiff RICHARD NOLL and
Plaintiff/Intervenor RHYTHM MOTOR SPORTS,
LLC

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COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

3.

STIPULATION SETTING BRIEFING SCHEDULE FOR
EBAY INC.’S RESPONSE TO CONSOL. COMPLAINT
CV 11-04585-EJD

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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
Attorneys for Plaintiff RICHARD NOLL and
Plaintiff/Intervenor RHYTHM MOTOR SPORTS, LLC

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COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

4.

STIPULATION SETTING BRIEFING SCHEDULE FOR
EBAY INC.’S RESPONSE TO CONSOL. COMPLAINT
CV 11-04585-EJD

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

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/s/ James M. Penning

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1062505 v1/HN

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COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO

5.

STIPULATION SETTING BRIEFING SCHEDULE FOR
EBAY INC.’S RESPONSE TO CONSOL. COMPLAINT
CV 11-04585-EJD