Campbell et al v. Facebook Inc.
Filing
107
STIPULATION AND ORDER TAKING PLAINTIFF'S MOTION TO WITHDRAW (DKT. 96) OFF CALENDAR WITHOUT PREJUDICE by Hon. Phyllis J. Hamilton granting 106 Stipulation.(napS, COURT STAFF) (Filed on 8/21/2015)
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GIBSON, DUNN & CRUTCHER LLP
JOSHUA A. JESSEN, SBN 222831
JJessen@gibsondunn.com
JEANA BISNAR MAUTE, SBN 290573
JBisnarMaute@gibsondunn.com
ASHLEY M. ROGERS, SBN 286252
JOu@gibsondunn.com
1881 Page Mill Road
Palo Alto, California 94304
Telephone: (650) 849-5300
Facsimile: (650) 849-5333
GIBSON, DUNN & CRUTCHER LLP
GAIL E. LEES, SBN 90363
GLees@gibsondunn.com
CHRISTOPHER CHORBA, SBN 216692
CChorba@gibsondunn.com
333 South Grand Avenue
Los Angeles, California 90071
Telephone: (213) 229-7000
Facsimile: (213) 229-7520
Attorneys for Defendant
FACEBOOK, INC.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISON
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MATTHEW CAMPBELL, MICHAEL
HURLEY, and DAVID SHADPOUR,
Plaintiffs,
v.
FACEBOOK, INC.,
Defendant.
Case No. C 13-05996 PJH (MEJ)
PUTATIVE CLASS ACTION
JOINT STIPULATION AND [PROPOSED]
ORDER TAKING PLAINTIFFS’ MOTION
TO WITHDRAW PLAINTIFF DAVID
SHADPOUR AND DISMISS CLAIMS
(DKT. 96) OFF CALENDAR WITHOUT
PREJUDICE
Date:
Time:
Crtrm:
Judge:
September 9, 2015
9:00 a.m.
3, Third Floor
Honorable Phyllis J. Hamilton
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Gibson, Dunn &
Crutcher LLP
JOINT STIPULATION AND [PROPOSED] ORDER TAKING PLAINTIFFS’ MOTION TO WITHDRAW PLAINTIFF DAVID
SHADPOUR OFF CALENDAR; Case No. C 13-05996 PJH (MEJ)
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WHEREAS, on July 13, 2015, Plaintiffs filed a motion to withdraw Plaintiff David Shadpour
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as a named plaintiff and dismiss his claims without prejudice (Dkt. 96), and noticed that motion for a
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hearing on September 9, 2015, at 9:00 a.m.;
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WHEREAS, on July 27, 2015, Defendant Facebook, Inc. filed its Opposition to Plaintiffs’
motion to withdraw Plaintiff David Shadpour without prejudice (Dkt. 103);
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WHEREAS, on August 3, 2015, Plaintiffs filed their Reply in support of their motion (Dkt.
105);
WHEREAS, following the filing of Facebook’s Opposition, Mr. Shadpour engaged separate
counsel to represent him in his individual capacity and to negotiate his withdrawal from the case in
exchange for agreeing to sit for deposition and provide limited relevant discovery;
WHEREAS, Mr. Shadpour’s new counsel is on vacation and traveling internationally for the
next week;
WHEREAS, the parties understand that the Court is unavailable from August 19 through
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September 4, 2015, and they want to avoid a situation in which the Court devotes time to the Motion
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when the parties may resolve their dispute among themselves;
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NOW, THEREFORE, subject to the approval of the Court, the parties hereby stipulate and
agree as follows:
(1) Plaintiffs hereby agree to take their Motion (Dkt. 96) off calendar, without prejudice to
re-noticing the motion if the dispute is not resolved by September 8, 2015; and
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(2) The parties agree that if they are unable to resolve their dispute by September 8, 2015,
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Plaintiffs will re-notice the motion for the next hearing date that is available for the Court (but no
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earlier than September 30, 2015).
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DATED: August 14, 2015
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LIEFF CABRASER HEIMANN & BERNSTEIN
/s/
MICHAEL W. SOBOL
By:
Attorneys for Plaintiffs
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Gibson, Dunn &
Crutcher LLP
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JOINT STIPULATION AND [PROPOSED] ORDER TAKING PLAINTIFFS’ MOTION TO WITHDRAW PLAINTIFF DAVID
SHADPOUR OFF CALENDAR; Case No. C 13-05996 PJH (MEJ)
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DATED: August 14, 2015
GIBSON, DUNN & CRUTCHER LLP
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Attorneys for Defendant Facebook, Inc.
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/s/
CHRISTOPHER CHORBA
By:
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ATTORNEY ATTESTATION
Pursuant to Civil Local Rule 5-1, I, Christopher Chorba, hereby attest that concurrence in the
filing of this document has been obtained from Michael W. Sobol.
DATED: August 14, 2015
GIBSON, DUNN & CRUTCHER LLP
/s/
CHRISTOPHER CHORBA
By:
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Attorneys for Defendant Facebook, Inc.
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Gibson, Dunn &
Crutcher LLP
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JOINT STIPULATION AND [PROPOSED] ORDER TAKING PLAINTIFFS’ MOTION TO WITHDRAW PLAINTIFF DAVID
SHADPOUR OFF CALENDAR; Case No. C 13-05996 PJH (MEJ)
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[PROPOSED] ORDER
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Having considered the Parties’ Stipulation, and good cause appearing, the Court hereby
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GRANTS the Parties’ stipulation. It is HEREBY ORDERED that:
(1) Plaintiffs’ motion to withdraw Plaintiff David Shadpour as a named plaintiff and dismiss
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his claims without prejudice (Dkt. 96) is taken off calendar, without prejudice to re-noticing the
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motion if the dispute is not resolved by September 8, 2015; and
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(2) If the parties are unable to resolve their dispute by September 8, 2015, Plaintiffs will re-
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notice the motion for the next hearing date that is available for the Court (but no earlier than
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September 30, 2015).
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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S DISTRICT
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August 21, 2015
DATED: ________________________
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amilt
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hyllis J.
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Judge P
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R NIA
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The Honorable Phyllis DJ.REHamilton
O OR
IT IS S
United States District Court Judge
on
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Gibson, Dunn &
Crutcher LLP
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JOINT STIPULATION AND [PROPOSED] ORDER TAKING PLAINTIFFS’ MOTION TO WITHDRAW PLAINTIFF DAVID
SHADPOUR OFF CALENDAR; Case No. C 13-05996 PJH (MEJ)
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