Comer v. Apple, Inc

Filing 18

ORDER by Judge Lucy H. Koh granting 16 Stipulation (lhklc2S, COURT STAFF) (Filed on 7/19/2012)

Case5:12-cv-02457-LHK Document16 Filed07/18/12 Page1 of 4

1 David E. Bower (119546)
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[e-mail]
Christopher B. Hayes (277000)
[e-mail]
FARUQI & FARUQI, LLP
10866 Wilshire Blvd., Suite 1470
Los Angeles, CA 90024
Telephone:
424.256.2884
Facsimile:
424.256.2885

6 Attorneys for Plaintiff
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DANYELLE COMER
LAURENCE F. PULGRAM (CSB No. 115163)
[e-mail]
JENNIFER L. KELLY (CSB No. 193416)
[e-mail]
GUINEVERE L. JOBSON (CSB No. 251907)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415.281.1350
Attorneys for Defendant
APPLE INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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(SAN JOSE DIVISION)

18 DANYELLE COMER, Individually and on
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Behalf of All Others Similarly Situated,
Plaintiffs,
v.

APPLE INC., a California corporation and
DOES 1-10,
Defendants.

CASE NO. CV-12-2457-LHK
CLASS ACTION
JOINT STIPULATED
REQUEST FOR AN ORDER
CHANGING TIME
Judge: Hon. Lucy H. Koh

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JOINT STIUPLATED REQUEST FOR ORDER
CHANGING TIME

CASE NO. CV-12-2457-LHK

Case5:12-cv-02457-LHK Document16 Filed07/18/12 Page2 of 4

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Pursuant to Civil Local Rule 6-2, Danyelle Comer (“Plaintiff”) and Apple Inc.

2 (“Defendant” or “Apple”), by and through their respective attorneys, request an Order extending
3 the dates for the briefing of Defendant’s Motion to Dismiss, set for hearing on October 11, 2012:
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WHEREAS,

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1.

Pursuant to Civil Local Rule 6-1, on June 11, 2012 the parties submitted a Joint

6 Stipulation to Extend Defendant’s Time to Respond to Complaint (Dkt. # 9);
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2.

Neither party has sought any other extension of time;

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3.

Pursuant to Civil Local Rule 7-3, Plaintiff’s time to oppose Defendant’s Motion to

9 Dismiss is set as within 14 days after Defendant’s Motion to Dismiss is filed;
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4.

Pursuant to Civil Local Rule 7-3, Defendant’s time to reply is set as within 7 days

11 after Plaintiff’s Opposition is filed;
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5.

The parties have conferred and agreed that Plaintiff’s Opposition to Defendant’s

13 Motion to Dismiss instead be filed and served on or before August 20, 2012. The parties further
14 agreed that Defendant’s Reply be filed and served on or before September 13, 2012;
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6.

The modification requested by the parties would not alter any dates set by the

16 Court as no scheduling order has yet been entered in this matter, and the matter will be fully
17 briefed approximately 28 days in advance of the hearing.
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NOW THEREFORE IT IS STIPULATED BY AND AMONG THE PARTIES,

20 THROUGH THEIR RESPECTIVE COUNSEL THAT
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Plaintiff shall file and serve her opposition to Defendant’s Motion to Dismiss on or before

22 August 20, 2012 and that Defendant shall file and serve its Reply in Support of Its Motion to
23 Dismiss on or before September 13, 2012.
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JOINT STIPULATED REQUEST FOR ORDER
CHANGING TIME

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CASE NO. CV-12-2457-LHK

Case5:12-cv-02457-LHK Document16 Filed07/18/12 Page3 of 4

1 DATED: July 18, 2012

FARUQUI & FARUQI LLP

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By: /s/ David E. Bower
David E. Bower
10866 Wilshire Blvd, Suite 1470
Los Angeles, California 90024
Telephone: [phone]
Facsimile: 424.256.2885

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Attorneys for Plaintiff
DANYELLE COMER
DATED: July 18, 2012

FENWICK & WEST LLP
By: /s/ Laurence F. Pulgram
Laurence F. Pulgram
555 California Street, 12th Floor
San Francisco, CA 94104
Email: [e-mail]
Telephone: [phone]
Facsimile: 415.281.1350

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Attorneys for Defendant
APPLE INC.

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ATTESTATION PURSUANT TO GENERAL ORDER NO. 45
Pursuant to General Order No. 45 of the Northern District of California, prior to filing the

18 above Joint Stipulated Request for an Extension of Time, I sent it to David Bower for his review,
19 and he authorized me to file the Stipulated Request on his behalf.
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21 DATED: July 18, 2012
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FENWICK & WEST LLP
By: /s/ Laurence F. Pulgram
Laurence F. Pulgram
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
APPLE INC.

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JOINT STIPULATED REQUEST FOR ORDER
CHANGING TIME

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CASE NO. CV-12-2457-LHK

Case5:12-cv-02457-LHK Document16 Filed07/18/12 Page4 of 4

1 Upon consideration of the above stipulation and good cause appearing therefore,
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IT IS ORDERED:

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As to the Motion to Dismiss, which was filed with this court on July 11, 2012 (Doc. 13):

4 Plaintiff shall file and serve her opposition to Defendant’s Motion to Dismiss on or before
5 August 20, 2012;
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Defendant shall file and serve its Reply in Support of Its Motion to Dismiss on or before

7 September 13, 2012.
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July 19
_________________________, 2012

Honorable Lucy H. Koh
United States District Court Judge

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JOINT STIPULATED REQUEST FOR ORDER
CHANGING TIME

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CASE NO. CV-12-2457-LHK