In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 37

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)

Download PDF
1 6 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 7 Attorneys for Defendant F ACEBOOK, INC. 8 (Additional parties on signature page) 2 3 4 5 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN JOSE DIVISION 13 14 In re: Facebook Internet Tracking Litigation Case No. 12-md-02314 EJD 15 STIPULATION AND [PROPOSED] ORDER CONCERNING BRIEFING SCHEDULE AND PAGE LIMITS FOR FACEBOOK'S MOTION TO DISMISS (CIV. L.R. 6-2 & 7-4(b )) 16 17 18 JUDGE: COURTROOM: TRIAL DATE: 19 Edward J. Davila 4 Not Yet Set 20 21 Plaintiffs Perrin Davis, Cynthia Quinn, Brian Lentz, and Matthew Vickery (collectively, 22 "Plaintiffs") and Defendant Facebook, Inc. ("Facebook") (Plaintiffs and Facebook collectively, 23 the "Parties") by and through their respective counsel, hereby make a stipulated request for an 24 Order concerning the briefing schedule and page limits for Facebook's anticipated motion to 25 dismiss Plaintiffs' Corrected First Amended Consolidated Class Action Complaint. This 26 stipulated request is made pursuant to Federal Rule of Civil Procedure 6(b )(1) and Civil Local 27 Rules 6-2 and 7-4(b) and is supported by the concurrently filed Declaration of Jeffrey M. Gutkin. 28 COOLEYLLP ATTORNEYS AT LAW SAN FRANCISCO 1. STIP. & (PROPOSED] ORDER RE BRIEFING SCHEDULE & PAGE LIMITS CASE No.l2-MD-02314 EJD 1 WHEREAS, on February 8, 2012, the Panel on Multidistrict Litigation issued an order 2 transferring actions filed across the United States to this Court under the caption above for 3 coordinated or consolidated proceedings pursuant to 28 U.S.C. ยง 1407; 4 WHEREAS, on April 3, 2012, the Court ordered that Plaintiffs file a consolidated 5 amended complaint no later than 45 days from the date upon which the order was filed, which 6 was May 18, 2012; 7 8 9 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 10 May 17, 2012 and their Corrected First Amended Consolidated Class Action Complaint 11 ("Complaint") on May 23, 2012; 12 WHEREAS the 43-page Complaint alleges 11 causes of action against Facebook; 13 WHEREAS Facebook anticipates filing a motion to dismiss the Complaint (the "Motion") 14 on July 2, 2012; 15 WHEREAS, pursuant to Civil Local Rule 7-3, the deadline for Plaintiffs to file their 16 opposition to the Motion would be July 16, 2012, and the deadline for Face book to file its reply in 17 support of the Motion would be July 23, 2012; 18 19 20 21 22 23 24 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 25 enlargement of the page limits is reasonable in light of the nature of the case and the Complaint, 26 and will provide the Court with more thorough and useful briefing on the issues. 27 28 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 1 1. Facebook's Motion shall not exceed 35 pages; 2 2. Plaintiffs shall file their opposition to the Motion on or before July 31,2012, and 3 4 5 the opposition shall not exceed 35 pages; AND 3. Facebook shall file its reply in support of the Motion on or before August 22, 2012, and the reply shall not exceed 25 pages. 6 7 Dated: June 6, 2012 8 COOLEYLLP Is/ Jeffrey M Gutkin JEFFREY M. GUTKIN 9 Attorneys for Defendant FACEBOOK, INC. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 25 26 27 28 COOLEYLLP ATTORNEYS AT LAW SAN FRANCISCO 3. STIP. & [PROPOSED] ORDER RE BRIEFING SCHEDULE & PAGE LIMITS CASE No.l2-MD-02314 EJD 1 2 [PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. 3 4 DATED: _______________ The Honorable Edward J. Davila UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOLEYLLP ATTORNEYS AT LAW SAN FRANCISCO 4. STIP. & (PROPOSED] ORDER RE BRIEFING SCHEDULE & PAGE LIMITS CASE No.l2-MD-02314 EJD 1 2 ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Jeffrey M. Gutkin, attest that concurrence in the filing of this Stipulation has been 3 obtained from each of the other signatories. 4 Francisco, California. Executed this 6th day of June, 2012, at San 5 6 7 Is/ Jeffrey M Gutkin JEFFREY M. GUTKIN 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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) 1 2 I hereby certify that on June 6, 2012, I filed the foregoing document with the Clerk of 3 Court using the CM/ECF system: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. 26 27 Kristi Peterson 2630543/ST 28 COOLEYLLP ATTORNEYS AT LAW SAN FRANCISCO 6. STIP. & [PROPOSED] ORDER RE BRIEFING SCHEDULE & PAGE LIMITS CASE No.12-MD-02314 EJD

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?