In Re FACEBOOK INTERNET TRACKING LITIGATION
Filing
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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)
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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.
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[Additional Counsel on Signature Page]
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
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Case No. 12-md-02314 EJD
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JOINT STIPULATION AND [PROPOSED]
ORDER CONCERNING BRIEFING
SCHEDULE FOR FACEBOOK’S MOTION TO
DISMISS
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In re: Facebook Internet Tracking Litigation
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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 for Facebook’s anticipated motion to dismiss Plaintiffs’
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anticipated Second Amended Consolidated Class Action Complaint (“Second Amended
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Complaint” or “SAC”).
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Procedure 6(b)(1) and Civil Local Rule 6-2 and is supported by the concurrently filed Declaration
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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
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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. § 1407;
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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,” Dkt #35) on May 23, 2012;
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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);
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WHEREAS Plaintiffs intend to file the anticipated SAC on or before November 30, 2015;
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WHEREAS Facebook intends to file a motion to dismiss the anticipated SAC (the
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“Motion to Dismiss”);
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WHEREAS, pursuant to Civil Local Rule 7-3, the deadline for Facebook to file its Motion
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to Dismiss would be 14 days after Plaintiffs file the SAC, the deadline for Plaintiffs to file their
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opposition to the Motion to Dismiss would be 14 days after Facebook files its Motion to Dismiss,
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and the deadline for Facebook to file its reply in support of the Motion to Dismiss would be 7
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days after Plaintiffs’ opposition is due;
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WHEREAS the only previous time modifications since the Court ordered consolidation of
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the actions were to extend the briefing schedule on Facebook’s motion to dismiss the Complaint
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(Dkt #39) and resetting the hearing date on Facebook’s motion to dismiss (Dkt #51);
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WHEREAS the Parties believe that a modest extension of the briefing schedule on the
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Motion to Dismiss is reasonable in light of the nature of the case and the number of claims in the
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anticipated SAC, and will provide the Court with more thorough and useful briefing on the issues,
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and is also reasonable in light of upcoming December holidays; AND
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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.
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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO
2.
JOINT STIP. & [PROPOSED] ORDER RE
BRIEFING SCHEDULE
CASE NO. 12-MD-02314 EJD
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NOW, THEREFORE, the Parties hereby stipulate and agree as follows, subject to
approval and order of the Court:
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1.
Facebook shall file its Motion to Dismiss on or before January 14, 2016;
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2.
Plaintiffs shall file their opposition to the Motion to Dismiss on or before February
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18, 2016; AND
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3.
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March 10, 2016.
Facebook shall file its reply in support of the Motion to Dismiss on or before
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Dated: November 20, 2015
COOLEY LLP
/s/ Jeffrey M. Gutkin
JEFFREY M. GUTKIN
Attorneys for Defendant FACEBOOK, INC.
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Dated: November 20, 2015
SILVERMAN THOMPSON
SLUTKIN WHITE LLC
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/s/ Stephen G. Grygiel
STEPHEN G. GRYGIEL
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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
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Interim Co-Lead Class Counsel
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Dated: November 20, 2015
KAPLAN FOX & KILSHEIMER LLP
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/s/ David A. Straite
DAVID A. STRAITE
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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
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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO
3.
JOINT STIP. & [PROPOSED] ORDER RE
BRIEFING SCHEDULE
CASE NO. 12-MD-02314 EJD
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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
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Interim Co-Lead Class Counsel
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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO
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JOINT STIP. & [PROPOSED] ORDER RE
BRIEFING SCHEDULE
CASE NO. 12-MD-02314 EJD
[PROPOSED] ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
The Court sets the matter for hearing on April 28, 2016 at 9:00 AM
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11/24/2015
DATED: ___________________
_________________________________________
The Honorable Edward J. Davila
UNITED STATES DISTRICT JUDGE
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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO
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JOINT STIP. & [PROPOSED] ORDER RE
BRIEFING SCHEDULE
CASE NO. 12-MD-02314 EJD
CERTIFICATE PURSUANT TO LOCAL RULE 5-1(I)(3)
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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.
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Dated: November 20, 2015
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/s/ Jeffrey M. Gutkin
JEFFREY M. GUTKIN
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123997475
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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO
6.
JOINT STIP. & [PROPOSED] ORDER RE
BRIEFING SCHEDULE
CASE NO. 12-MD-02314 EJD
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