Elias v. Hewlett-Packard Company

Filing 10

ORDER re 8 Stipulation Extending Time to Respond to First Amended Complaint. Signed by Judge Lucy H. Koh on 2/2/12. (lhklc3, COURT STAFF) (Filed on 2/2/2012)

Case5:12-cv-00421-LHK Document8 Filed01/31/12 Page1 of 3

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SAMUEL G. LIVERSIDGE, SBN 180578
[e-mail]
TIMOTHY W. LOOSE, SBN 241037
[e-mail]
BRANDON S. DIMOND, SBN 266876
[e-mail]
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
Telephone: [phone]
Facsimile: 213.229.7520
Attorneys for Defendant,
HEWLETT-PACKARD COMPANY

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DAVID ELIAS, Individually and On Behalf of
all Others Similarly Situated and the General
Public,
Plaintiff,
v.
HEWLETT-PACKARD COMPANY, et al.,

CASE NO. 5:12-cv-00421

STIPULATION EXTENDING TIME TO
RESPOND TO FIRST AMENDED
COMPLAINT; PLAINTIFF’S REQUEST
TO APPOINT INTERIM LEAD COUNSEL

Defendants.

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Gibson, Dunn &
Crutcher LLP

STIPULATION EXTENDING TIME TO RESPOND; REQUEST TO APPOINT INTERIM LEAD COUNSEL

CASE NO. 12-CV-421

Case5:12-cv-00421-LHK Document8 Filed01/31/12 Page2 of 3

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The parties to this action—Plaintiff David Elias, and Defendant Hewlett-Packard Company

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(“HP”)—through their undersigned counsel of record, enter the following stipulation extending HP’s

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time to respond to Plaintiff’s First Amended Complaint pursuant to Local Rule 6–1(a):

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WHEREAS, Plaintiff filed a Complaint in Santa Clara Superior Court on December 9, 2012;

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WHEREAS, Plaintiff filed a First Amended Complaint in Santa Clara Superior Court on

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December 22, 2012;

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WHEREAS, HP filed a notice of removal on January 26, 2012;

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WHEREAS, pursuant to Federal Rule of Civil Procedure 81(c)(2)(C), HP’s current deadline

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to respond to Plaintiff’s First Amended Complaint is February 2, 2012, which time has not yet
expired;
WHEREAS, continuing HP’s deadline to respond to March 2, 2012 will not alter the date of
any event or any deadline already fixed by Court order;
THEREFORE, the parties jointly stipulate that the deadline for HP to respond to Plaintiff’s
First Amended Complaint shall be extended up to, and including, March 2, 2012.

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Gibson, Dunn &
Crutcher LLP

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STIPULATION EXTENDING TIME TO RESPOND; REQUEST TO APPOINT INTERIM LEAD COUNSEL

CASE NO. 12-CV-421

Case5:12-cv-00421-LHK Document8 Filed01/31/12 Page3 of 3

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IN ADDITION, WHEREAS, the parties are unaware of any pending related litigation;

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WHEREAS, Plaintiff requests that Gutride Safier LLP be appointed interim Lead Counsel;

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and

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WHEREAS, Defendant does not oppose Plaintiff’s request that Gutride Safier LLP be
appointed interim Lead Counsel;1

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THEREFORE, Plaintiff requests that Gutride Safier LLP be appointed interim Lead Counsel.
DATED:

January 31, 2012

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Respectfully Submitted,
GIBSON, DUNN & CRUTHCER LLP

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By

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/s/

Timothy W. Loose

Timothy W. Loose

Attorneys for Defendant,
Hewlett-Packard Company

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DATED:

January 31, 2012

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GUTRIDE SAFIER LLP
By

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/s/ Seth A. Safier
Seth A. Safier

Attorneys for Plaintiff, David Elias

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IT IS SO ORDERED:

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DATE: February 2, 2012
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___________________________

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The Honorable Lucy H. Koh

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United State District Court Judge

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Gibson, Dunn &
Crutcher LLP

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HP does, however, reserve its right to object to any future request for attorneys’ fees. A primary
purpose of appointing interim class counsel is to maximize efficiencies and to eliminate
duplication of efforts and “unproductive posturing” by the various plaintiffs’ lawyers and firms.
See 5 James Wm. Moore et al., Moore’s Federal Practice ¶ 23.121 (3d ed. 2010). Consequently,
any proposed structure should reduce the risk “of overstaffing or an ungainly counsel structure.”
Fed. R. Civ. P. 23(g), advisory committee’s note.
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STIPULATION EXTENDING TIME TO RESPOND; REQUEST TO APPOINT INTERIM LEAD COUNSEL

CASE NO. 12-CV-421