Minkler v. Apple Inc

Filing 28

STIPULATION WITH PROPOSED ORDER Enlarging Briefing Schedule filed by Nancy Romine Minkler. (Lynn, Joseph) (Filed on 3/25/2014)

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1 2 3 4 5 6 7 8 9 10 WOLFLICK & SIMPSON Gregory D. Wolflick (SBN 108699) 130 North Brand Blvd., Suite 410 Glendale, California 91203 818.243.8300 818.243.0122 – Facsimile Donald W. Stewart (Admitted Pro Hac Vice) J. Paul Lynn (Admitted Pro Hac Vice) STEWART & STEWART, P.C. P.O. Box 2274 Anniston, Alabama 36202 (256) 237-9311 (256) 237-0713 – Facsimile Counsel for Plaintiffs 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN JOSE DIVISION 14 15 16 17 18 19 NANCY ROMINE MINKLER, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. CASE NO. 5:13-cv-05332-EJD STIPULATION AND [PROPOSED] ORDER REGARDING TIME TO FILE OPPOSITION TO MOTION TO DISMISS AND REPLY IN SUPPORT OF MOTION TO DISMISS APPLE INC., Defendant. 20 21 DATE: JULY 18, 2014 TIME: 9:00 A.M. COURTROOM: 4 22 23 24 25 26 27 28 -1EAST\74117615.1 STIPULATION AND [PROPOSED] ORDER REGARDING TIME TO FILE OPPOSITION AND REPLY CASE NO. 5:13-CV-05332-EJD 1 2 STIPULATION Plaintiff Nancy Minkler (“Plaintiff”) and defendant Apple Inc. (“Apple”), by and through 3 their respective counsel of record, hereby stipulate, subject to the approval of the Court, to 4 enlarge the briefing deadlines pertaining to Apple’s Motion to Dismiss pursuant to Local Rule 6- 5 2. This Stipulation is made with reference to the following facts: 6 7 8 9 10 11 WHEREAS Apple’s Motion to Dismiss was filed on March 3, 2014 and is set for hearing on July 18, 2014 (which was the first date available on the Court’s calendar); WHEREAS Plaintiff’s opposition papers were due on March 17, 2014, but through an inadvertent clerical error in calendaring, Plaintiff did not file her opposition papers on that date, and the opposition still has not yet been filed; WHEREAS Apple does not oppose relief for Plaintiff from the failure to timely file her 12 opposition to the Motion to Dismiss and agrees with the extended briefing schedule proposed in 13 this Stipulation; 14 WHEREAS the extended briefing schedule proposed herein should not interfere with the 15 presently scheduled July 18, 2014 hearing date and should not impinge on the Court’s time to 16 prepare for that hearing; 17 WHEREAS, due to scheduling conflicts in other cases and personal commitments, 18 Plaintiff’s counsel is not reasonably able to file Plaintiff’s opposition to the Motion to Dismiss 19 before April 3, 2014; 20 21 22 23 24 25 26 27 WHEREAS the parties’ request a brief enlargement of time to submit the Response and Reply briefs to April 3rd and April 30th, respectively; WHEREAS the parties have agreed to one prior time modification in this case, extending defendant Apple Inc.’s time to file its response to the Complaint [D.E. No. 23]; and WHEREAS in consideration of the July 18, 2014 hearing date, the parties do not believe this time modification will have any effect on the schedule of the case. IT IS HEREBY STIPULATED, subject to the approval of the Court, that Plaintiff’s date to file her opposition to Apple’s Motion to Dismiss is extended to and including April 3, 2014, 28 -2EAST\74117615.1 STIPULATION AND [PROPOSED] ORDER REGARDING TIME TO FILE OPPOSITION AND REPLY CASE NO. 5:13-CV-05332-EJD 1 and Apple ’s date to file its reply brief in support of its Motion to Dismiss is extended to and 2 including April 30, 2014. 3 4 5 Dated: March 25, 2014 6 STEWART & STEWART, P.C. By: /s/ Joseph Paul Lynn JOSEPH PAUL LYNN Counsel for Plaintiff Nancy Romine Minkler 7 8 9 Dated: March 25, 2014 DLA PIPER LLP (US) 10 By: /s/ Joseph Collins JOSEPH COLLINS Counsel for Defendant Apple Inc. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3EAST\74117615.1 STIPULATION AND [PROPOSED] ORDER REGARDING TIME TO FILE OPPOSITION AND REPLY CASE NO. 5:13-CV-05332-EJD 1 2 ATTESTATION OF CONCURRENCE IN FILING Pursuant to Local Rule 5-1(i)(3), the filer hereby attests that concurrence in the filing of 3 this document has been obtained from JOSEPH COLLINS, which shall serve in lieu of his 4 signature on the document. 5 6 7 Dated: March 25, 2014 8 STEWART & STEWART, P.C. By: /s/ Joseph Paul Lynn JOSEPH PAUL LYNN Counsel for Plaintiff Nancy Romine Minkler 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4EAST\74117615.1 STIPULATION AND [PROPOSED] ORDER REGARDING TIME TO FILE OPPOSITION AND REPLY CASE NO. 5:13-CV-05332-EJD 1 2 3 4 5 6 7 [PROPOSED] ORDER Based on the foregoing Stipulation of plaintiff Nancy Minkler and defendant Apple Inc., and good cause appearing therefor, IT IS HEREBY ORDERED that: 1. Plaintiff Nancy Minkler’s date to file her opposition to defendant Apple Inc.’s Motion to Dismiss is extended to and including April 3, 2014. 2. Defendant Apple Inc.’s date to file its reply brief in support of its Motion to Dismiss is extended to and including April 30, 2014. 8 9 Dated: _____________, 2014. 10 11 Honorable Edward J. Davila United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5EAST\74117615.1 STIPULATION AND [PROPOSED] ORDER REGARDING TIME TO FILE OPPOSITION AND REPLY CASE NO. 5:13-CV-05332-EJD

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