In Re FACEBOOK INTERNET TRACKING LITIGATION
Filing
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STIPULATION WITH PROPOSED ORDER re # 19 Order on Motion to Consolidate Cases,,,, Stipulation and Proposed Order Concerning Briefing Schedule and Page Limits For Facebook's Motion to Dismiss filed by Facebook Inc.. (Gutkin, Jeffrey) (Filed on 6/6/2012)
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COOLEYLLP
MICHAEL G. RHODES (116127)
(rhodesmg@cooley.com)
MATTHEW D. BROWN (196972)
(brownmd@cooley.com)
JEFFREY M. GUTKIN (216083)
Ggutkin@cooley.com))
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
(415) 693-2000
Facsimile:
(415) 693-2222
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Attorneys for Defendant F ACEBOOK, INC.
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(Additional parties on signature page)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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In re: Facebook Internet Tracking Litigation
Case No. 12-md-02314 EJD
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STIPULATION AND [PROPOSED] ORDER
CONCERNING BRIEFING SCHEDULE AND
PAGE LIMITS FOR FACEBOOK'S MOTION
TO DISMISS (CIV. L.R. 6-2 & 7-4(b ))
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JUDGE:
COURTROOM:
TRIAL DATE:
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Edward J. Davila
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Not Yet Set
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Plaintiffs Perrin Davis, Cynthia Quinn, Brian Lentz, and Matthew Vickery (collectively,
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"Plaintiffs") and Defendant Facebook, Inc. ("Facebook") (Plaintiffs and Facebook collectively,
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the "Parties") by and through their respective counsel, hereby make a stipulated request for an
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Order concerning the briefing schedule and page limits for Facebook's anticipated motion to
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dismiss Plaintiffs' Corrected First Amended Consolidated Class Action Complaint. This
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stipulated request is made pursuant to Federal Rule of Civil Procedure 6(b )(1) and Civil Local
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Rules 6-2 and 7-4(b) and is supported by the concurrently filed Declaration of Jeffrey M. Gutkin.
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COOLEYLLP
ATTORNEYS AT LAW
SAN FRANCISCO
1.
STIP. & (PROPOSED] ORDER RE BRIEFING
SCHEDULE & PAGE LIMITS
CASE No.l2-MD-02314 EJD
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WHEREAS, on February 8, 2012, the Panel on Multidistrict Litigation issued an order
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transferring actions filed across the United States to this Court under the caption above for
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coordinated or consolidated proceedings pursuant to 28 U.S.C. ยง 1407;
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WHEREAS, on April 3, 2012, the Court ordered that Plaintiffs file a consolidated
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amended complaint no later than 45 days from the date upon which the order was filed, which
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was May 18, 2012;
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WHEREAS, the Court also ordered that Facebook's answer or responsive motion be filed
no later than 90 days from the date upon which the order was filed, which is July 2, 2012;
WHEREAS Plaintiffs filed their First Amended Consolidated Class Action Complaint on
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May 17, 2012 and their Corrected First Amended Consolidated Class Action Complaint
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("Complaint") on May 23, 2012;
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WHEREAS the 43-page Complaint alleges 11 causes of action against Facebook;
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WHEREAS Facebook anticipates filing a motion to dismiss the Complaint (the "Motion")
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on July 2, 2012;
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WHEREAS, pursuant to Civil Local Rule 7-3, the deadline for Plaintiffs to file their
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opposition to the Motion would be July 16, 2012, and the deadline for Face book to file its reply in
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support of the Motion would be July 23, 2012;
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WHEREAS the first date available on this Court's calendar to hear the Motion is
September 14, 2012, at the earliest;
WHEREAS there have been no previous time modifications since the Court ordered
consolidation of the actions, whether by stipulation or Court order;
WHEREAS altering the briefing schedule on the Motion will not affect the date or
deadline of any event or deadline already affixed by the Court; AND
WHEREAS the Parties believe that a modest extension of the briefing schedule and
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enlargement of the page limits is reasonable in light of the nature of the case and the Complaint,
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and will provide the Court with more thorough and useful briefing on the issues.
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NOW, THEREFORE, the Parties hereby stipulate and agree as follows, subject to
approval and order of the Court:
COOLEYLLP
ATTORNEYS AT LAW
SAN FRANCISCO
2.
STIP. & (PROPOSED] ORDER RE BRIEFING
SCHEDULE & PAGE LIMITS
CASE No.l2-MD-02314 EJD
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Facebook's Motion shall not exceed 35 pages;
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2.
Plaintiffs shall file their opposition to the Motion on or before July 31,2012, and
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the opposition shall not exceed 35 pages; AND
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Facebook shall file its reply in support of the Motion on or before August 22,
2012, and the reply shall not exceed 25 pages.
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Dated: June 6, 2012
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COOLEYLLP
Is/ Jeffrey M Gutkin
JEFFREY M. GUTKIN
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Attorneys for Defendant FACEBOOK, INC.
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Dated: June 6, 2012
BARTIMUS, FRICKLETON, ROBERTSON, &
GORNY, P.C.
Is/ Edward D. Robertson, Jr.
EDWARD D. ROBERTSON, JR.
Attorneys for Plaintiffs PERRIN DAVIS,
CYNTHIA QUINN, BRIAN LENTZ, and
MATTHEW VICKERY
BARTIMUS, FRICKLETON, ROBERTSON, &
GORNY,P.C.
EDWARD D. ROBERTSON, JR.
(chipro b@earthlink.net)
STEPHEN M. GORNY
JAMES P. FRICKLETON
MARY D. WINTER
EDWARD D. ROBERTSON III
11150 Overbook Road, Suite 200
Leawood, KS 66211
Telephone:
(913) 266-2300
Facsimile:
(913) 266-2366
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COOLEYLLP
ATTORNEYS AT LAW
SAN FRANCISCO
3.
STIP. & [PROPOSED] ORDER RE BRIEFING
SCHEDULE & PAGE LIMITS
CASE No.l2-MD-02314 EJD
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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED: _______________
The Honorable Edward J. Davila
UNITED STATES DISTRICT JUDGE
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COOLEYLLP
ATTORNEYS AT LAW
SAN FRANCISCO
4.
STIP. & (PROPOSED] ORDER RE BRIEFING
SCHEDULE & PAGE LIMITS
CASE No.l2-MD-02314 EJD
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ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Jeffrey M. Gutkin, attest that concurrence in the filing of this Stipulation has been
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obtained from each of the other signatories.
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Francisco, California.
Executed this 6th day of June, 2012, at San
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Is/ Jeffrey M Gutkin
JEFFREY M. GUTKIN
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COOLEYLLP
ATTORNEYS AT LAW
SAN FRANCISCO
5.
STIP. & [PROPOSED) ORDER RE BRIEFING
SCHEDULE & PAGE LIMITS
CASE No.l2-MD-02314 EJD
PROOF OF SERVICE
(FRCP 5)
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I hereby certify that on June 6, 2012, I filed the foregoing document with the Clerk of
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Court using the CM/ECF system:
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Stipulation and [Proposed] Order Concerning Briefing Schedule and Page Limits for
Facebook's Motion to Dismiss (Civ. L.R. 6-2 & 7-4(B))
This document was served on all counsel who are deemed to have consented to electronic
service via the CM/ECF system in this action.
This document and the notice of electronic filing were also served via U.S. Mail on the
following parties:
Daniel W. Bishop
Bishop London & Dodds PC
3 701 Bee Cave Road, Suite 200
Austin, TX 78746
Ph: (512) 479-5900
Email: dbishop@bishoplondon.com
Daryl L. Zaslow
Eichen Crutchlow Zaslow & McCleoy LLP
40 Ethel Road
Edison, NJ 08817
Ph: (732) 777-0100
Email: djzaslow@njadvocates.com
Tonya M. Osborne
Kambon Williams
Muirphy, P.A.
One South Street, 23 rd Floor
Baltimore, MD 21202
Ph: 410-359-6500
Email: Tonya.Bana@murphypa.com
Peter G. Angelos
Law Offices of Peter G. Angelos P.C.
One Charles Center
100 N. Charles Street, 20th Floor
Baltimore, MD 21201-3812
Ph: 410-649-2094
John E Keefe
Stephen G. Grygiel
Stephen Sullivan
Jennifer L. Harwood
Keefe Bartels LLC
170 Monmouth Street
Red Bank, NJ 07701
Ph: (732) 224-9400
Email: jkeefe@keefebartels.com
sgrygiel@keefebartels.com
ssulivan@keefe bartels. com
Ronald Von Terrell
The Terrell Law Group
P.O. Box 13315, PMB #148
Oakland, CA 94661
Ph: 510-237-9700
Email: ReggieT2@aol.com
This document and the notice of electronic filing were not served on Tracie Skiles because
no current mailing address or email address is available.
Executed on June 6, 2012, at Seattle, Washington.
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Kristi Peterson
2630543/ST
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COOLEYLLP
ATTORNEYS AT LAW
SAN FRANCISCO
6.
STIP. & [PROPOSED] ORDER RE BRIEFING
SCHEDULE & PAGE LIMITS
CASE No.12-MD-02314 EJD
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