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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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
[phone]
[phone] – Facsimile
Counsel for Plaintiffs

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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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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.

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DATE:
JULY 18, 2014
TIME:
9:00 A.M.
COURTROOM: 4

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STIPULATION AND [PROPOSED] ORDER REGARDING TIME TO FILE OPPOSITION AND REPLY
CASE NO. 5:13-CV-05332-EJD

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STIPULATION
Plaintiff Nancy Minkler (“Plaintiff”) and defendant Apple Inc. (“Apple”), by and through

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their respective counsel of record, hereby stipulate, subject to the approval of the Court, to

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enlarge the briefing deadlines pertaining to Apple’s Motion to Dismiss pursuant to Local Rule 6-

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2. This Stipulation is made with reference to the following facts:

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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

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opposition to the Motion to Dismiss and agrees with the extended briefing schedule proposed in

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this Stipulation;

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WHEREAS the extended briefing schedule proposed herein should not interfere with the

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presently scheduled July 18, 2014 hearing date and should not impinge on the Court’s time to

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prepare for that hearing;

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WHEREAS, due to scheduling conflicts in other cases and personal commitments,

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Plaintiff’s counsel is not reasonably able to file Plaintiff’s opposition to the Motion to Dismiss

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before April 3, 2014;

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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,

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STIPULATION AND [PROPOSED] ORDER REGARDING TIME TO FILE OPPOSITION AND REPLY
CASE NO. 5:13-CV-05332-EJD

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and Apple ’s date to file its reply brief in support of its Motion to Dismiss is extended to and

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including April 30, 2014.

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Dated: March 25, 2014

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STEWART & STEWART, P.C.
By: /s/ Joseph Paul Lynn
JOSEPH PAUL LYNN
Counsel for Plaintiff Nancy Romine Minkler

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Dated: March 25, 2014

DLA PIPER LLP (US)

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By: /s/ Joseph Collins
JOSEPH COLLINS
Counsel for Defendant Apple Inc.

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STIPULATION AND [PROPOSED] ORDER REGARDING TIME TO FILE OPPOSITION AND REPLY
CASE NO. 5:13-CV-05332-EJD

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ATTESTATION OF CONCURRENCE IN FILING
Pursuant to Local Rule 5-1(i)(3), the filer hereby attests that concurrence in the filing of

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this document has been obtained from JOSEPH COLLINS, which shall serve in lieu of his

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signature on the document.

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Dated: March 25, 2014

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STEWART & STEWART, P.C.
By: /s/ Joseph Paul Lynn
JOSEPH PAUL LYNN
Counsel for Plaintiff Nancy Romine Minkler

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STIPULATION AND [PROPOSED] ORDER REGARDING TIME TO FILE OPPOSITION AND REPLY
CASE NO. 5:13-CV-05332-EJD

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[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.

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Dated: _____________, 2014.

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Honorable Edward J. Davila
United States District Judge

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STIPULATION AND [PROPOSED] ORDER REGARDING TIME TO FILE OPPOSITION AND REPLY
CASE NO. 5:13-CV-05332-EJD