In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 89

Order as Modified by the Court Granting #88 Stipulation Extending Briefing on Motion to Dismiss. 1. Facebook shall file its Motion to Dismiss on or before January 14, 2016; 2. Plaintiffs shall file their opposition to the Motion to Dismiss on or before February 18, 2016; AND 3. Facebook shall file its reply in support of the Motion to Dismiss on or before March 10, 2016. The Court sets the matter for hearing on April 28, 2016 at 9:00 AM. Signed by Hon. Edward J. Davila on 11/24/2015.(ecg, COURT STAFF) (Filed on 11/24/2015)

Download PDF
1 2 3 4 5 6 7 8 Michael G. Rhodes (116127) Matthew D. Brown (196972) Jeffrey M. Gutkin (216083) Kyle C. Wong (224021) COOLEY LLP 101 California Street, 5th Floor San Francisco, CA 94111-5800 Tel.: (415) 693-2000 Fax: (415) 693-2222 rhodesmg@cooley.com brownmd@cooley.com jgutkin@cooley.com kwong@cooley.com Attorneys for Defendant FACEBOOK, INC. 9 10 [Additional Counsel on Signature Page] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 11 12 13 14 Case No. 12-md-02314 EJD 15 JOINT STIPULATION AND [PROPOSED] ORDER CONCERNING BRIEFING SCHEDULE FOR FACEBOOK’S MOTION TO DISMISS 16 In re: Facebook Internet Tracking Litigation 17 JUDGE: COURTROOM: TRIAL DATE: 18 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 for Facebook’s anticipated motion to dismiss Plaintiffs’ 25 anticipated Second Amended Consolidated Class Action Complaint (“Second Amended 26 Complaint” or “SAC”). 27 Procedure 6(b)(1) and Civil Local Rule 6-2 and is supported by the concurrently filed Declaration 28 of Jeffrey M. Gutkin. This stipulated request is made pursuant to Federal Rule of Civil COOLEY LLP ATTORNEYS AT LAW SAN FRANCISCO 1. JOINT STIP. & [PROPOSED] ORDER RE BRIEFING SCHEDULE CASE NO. 12-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. § 1407; 4 WHEREAS Plaintiffs filed their First Amended Consolidated Class Action Complaint on 5 May 17, 2012 and their Corrected First Amended Consolidated Class Action Complaint 6 (“Complaint,” Dkt #35) on May 23, 2012; 7 8 9 10 WHEREAS on July 2, 2012, Facebook filed a motion to dismiss the Complaint (Dkt. #44); WHEREAS on October 23, 2015, the Court granted Facebook’s motion to dismiss with leave to amend on or before November 30, 2015 (Dkt #87); 11 WHEREAS Plaintiffs intend to file the anticipated SAC on or before November 30, 2015; 12 WHEREAS Facebook intends to file a motion to dismiss the anticipated SAC (the 13 “Motion to Dismiss”); 14 WHEREAS, pursuant to Civil Local Rule 7-3, the deadline for Facebook to file its Motion 15 to Dismiss would be 14 days after Plaintiffs file the SAC, the deadline for Plaintiffs to file their 16 opposition to the Motion to Dismiss would be 14 days after Facebook files its Motion to Dismiss, 17 and the deadline for Facebook to file its reply in support of the Motion to Dismiss would be 7 18 days after Plaintiffs’ opposition is due; 19 WHEREAS the only previous time modifications since the Court ordered consolidation of 20 the actions were to extend the briefing schedule on Facebook’s motion to dismiss the Complaint 21 (Dkt #39) and resetting the hearing date on Facebook’s motion to dismiss (Dkt #51); 22 WHEREAS the Parties believe that a modest extension of the briefing schedule on the 23 Motion to Dismiss is reasonable in light of the nature of the case and the number of claims in the 24 anticipated SAC, and will provide the Court with more thorough and useful briefing on the issues, 25 and is also reasonable in light of upcoming December holidays; AND 26 27 WHEREAS altering the briefing schedule on the Motion to Dismiss will not affect the date or deadline of any event or deadline already affixed by the Court. 28 COOLEY LLP ATTORNEYS AT LAW SAN FRANCISCO 2. JOINT STIP. & [PROPOSED] ORDER RE BRIEFING SCHEDULE CASE NO. 12-MD-02314 EJD 1 2 NOW, THEREFORE, the Parties hereby stipulate and agree as follows, subject to approval and order of the Court: 3 1. Facebook shall file its Motion to Dismiss on or before January 14, 2016; 4 2. Plaintiffs shall file their opposition to the Motion to Dismiss on or before February 5 18, 2016; AND 6 3. 7 March 10, 2016. Facebook shall file its reply in support of the Motion to Dismiss on or before 8 9 Dated: November 20, 2015 COOLEY LLP /s/ Jeffrey M. Gutkin JEFFREY M. GUTKIN Attorneys for Defendant FACEBOOK, INC. 10 11 12 Dated: November 20, 2015 SILVERMAN THOMPSON SLUTKIN WHITE LLC 13 /s/ Stephen G. Grygiel STEPHEN G. GRYGIEL 14 15 20 Stephen G. Grygiel (admitted pro hac vice) SILVERMAN THOMPSON SLUTKIN WHITE LLC 201 N. Charles Street, 26TH Floor Baltimore, MD 21201 Tel.: (410) 385-2225 Fax: (410) 547-2432 sgrygiel@mdattorney.com 21 Interim Co-Lead Class Counsel 16 17 18 19 22 Dated: November 20, 2015 KAPLAN FOX & KILSHEIMER LLP 23 /s/ David A. Straite DAVID A. STRAITE 24 David A. Straite (admitted pro hac vice) KAPLAN FOX & KILSHEIMER LLP 850 Third Avenue, 14th Floor New York, NY 10022 Tel.: (212) 687-1980 Fax: (212) 687-7714 dstraite@kaplanfox.com 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW SAN FRANCISCO 3. JOINT STIP. & [PROPOSED] ORDER RE BRIEFING SCHEDULE CASE NO. 12-MD-02314 EJD 1 4 Laurence D. King (206423) KAPLAN FOX & KILSHEIMER LLP 350 Sansome Street, 4th Floor San Francisco, CA 94104 Tel.: (415) 772-4700 Fax: (415) 772-4707 lking@kaplanfox.com 5 Interim Co-Lead Class Counsel 2 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW SAN FRANCISCO 4. JOINT STIP. & [PROPOSED] ORDER RE BRIEFING SCHEDULE CASE NO. 12-MD-02314 EJD [PROPOSED] ORDER 1 2 PURSUANT TO STIPULATION, IT IS SO ORDERED. The Court sets the matter for hearing on April 28, 2016 at 9:00 AM 3 4 5 11/24/2015 DATED: ___________________ _________________________________________ The Honorable Edward J. Davila UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW SAN FRANCISCO 5. JOINT STIP. & [PROPOSED] ORDER RE BRIEFING SCHEDULE CASE NO. 12-MD-02314 EJD CERTIFICATE PURSUANT TO LOCAL RULE 5-1(I)(3) 1 2 3 4 5 I, Jeffrey M. Gutkin, am the ECF User whose identification and password are being used to file the JOINT STIPULATION AND [PROPOSED] ORDER CONCERNING BRIEFING SCHEDULE FOR FACEBOOK’S MOTION TO DISMISS. In compliance with Local Rule 51(i)(3), I hereby attest that David A. Straite and Stephen G. Grygiel have concurred in this filing. 6 7 Dated: November 20, 2015 8 /s/ Jeffrey M. Gutkin JEFFREY M. GUTKIN 9 10 11 12 123997475 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW SAN FRANCISCO 6. JOINT STIP. & [PROPOSED] ORDER RE BRIEFING SCHEDULE 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?