DiTirro v. Facebook, Inc.

Filing 28

Stipulation and [Proposed] Order Continuing Case Management Conference and Other Pending Deadlines filed by Facebook, Inc.. (Gutkin, Jeffrey) (Filed on 5/6/2014) Modified on 5/7/2014 (srmS, COURT STAFF).

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COOLEY LLP
MICHAEL G. RHODES (116127)
([e-mail])
MATTHEW D. BROWN (196972)
([e-mail])
JEFFREY M. GUTKIN (216083)
([e-mail])
BENJAMIN H. KLEINE (257225)
([e-mail])
CANDACE A. JACKMAN (267599)
([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]

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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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SAN JOSE DIVISION

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ANTHONY DITIRRO, KATYA
BRESLER, AND MICHELLE
SHUMATE, individually and on behalf of
others similarly situated,
Plaintiffs,

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STIPULATION AND [PROPOSED] ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE AND OTHER PENDING
DEADLINES

v.

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Case No. 5:14-cv-00132-BLF

FACEBOOK, INC., a Delaware
corporation,

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Courtroom:
Judge:
Magistrate Judge:
Trial Date:

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Hon. Beth Labson Freeman
Hon. Howard R. Lloyd
None Set

Defendant.

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND ORDER C ONTINUING
CMC AND ADR D EADLINES
CASE NO. 5:14-CV-00132-BLF

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This Stipulation is entered into by and among plaintiffs Anthony DiTirro, Katya Bresler,

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and Michelle Shumate (collectively, “Plaintiffs”) and defendant Facebook, Inc. (“Facebook”)

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(Plaintiffs and Facebook, collectively “the Parties”), by and through their respective counsel.

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WHEREAS, Plaintiffs filed a complaint in the above-entitled action in the United States

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District Court, Northern District of California, on January 9, 2014 (the “Complaint”) and served

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the Complaint on Facebook on January 10, 2014;

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WHEREAS, Plaintiffs filed their First Amended Complaint (“FAC”) in the above-entitled
action on January 15, 2014 and served the FAC on Facebook on January 17, 2014;

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WHEREAS, after receiving extensions of time to respond, on April 15, 2014, Facebook

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filed its Notice of Motion and Motion to Dismiss First Amended Complaint (“Motion to

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Dismiss”) as well as a Request for Consideration of Documents;

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WHEREAS, on April 25, 2014, the Court entered a Notice (Dkt. No. 22) setting the Case
Management Conference for May 20, 2014;

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WHEREAS, on April 28, 2014, the Parties filed a Stipulation to Continue Deadline to File

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Plaintiffs’ Opposition to Facebook’s Motion to Dismiss and Facebook’s Reply, which the Court

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entered on April 29, 2014 (the “Continuance Order,” Dkt. No. 26);

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WHEREAS, pursuant to the Continuance Order, Plaintiffs’ Opposition to Facebook’s

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Motion to Dismiss is due by May 13, 2014, and Facebook’s Reply to Plaintiffs’ Opposition is due

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by May 27, 2014;

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WHEREAS, a Joint Case Management Statement is currently due by May 6, 2014;

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WHEREAS, the parties agree that a 28-day continuance of the Case Management

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Conference and all currently pending deadlines will permit more efficient case management, will

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serve the interests judicial economy, and will conserve Party and Court resources;

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NOW, THEREFORE, pursuant to Civil Local Rule 6-2(a), the Parties hereby stipulate and
agree, through their respective counsel, as follows:

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1. The May 20, 2014 Case Management Conference shall be taken off calendar, and

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rescheduled twenty-eight (28) days later on June 17, 2014, or another date that is

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convenient for the Court.

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND ORDER C ONTINUING
CMC AND ADR D EADLINES
CASE NO. 5:14-CV-00132-BLF

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2. The deadline to file the Joint Case Management Statement shall be continued to

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and including fourteen (14) days prior to the new date for the Case Management

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Conference.

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3. Plaintiffs’ deadline to file their Opposition to Facebook’s Motion to Dismiss shall

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be extended by twenty-eight (28) days, to and including June 10, 2014, and

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Facebook’s deadline to file a Reply to Plaintiffs’ Opposition shall be extended to

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and including June 24, 2014.

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4. The deadline under Civil Local Rule 16-8 and ADR Local Rule 3-5 for the filing

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of the ADR Certification and Stipulation to ADR Process or Notice of Need for

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ADR Phone Conference shall be continued to and including twenty-one (21) days

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prior to the new date for the Case Management Conference.

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IT IS SO STIPULATED.

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Dated: May 6, 2014

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LAW OFFICES OF TODD M.
FRIEDMAN, P.C.

COOLEY LLP

/s/ Todd. M. Friedman
Todd M. Friedman
Attorneys for Plaintiffs

/s/ Jeffrey M. Gutkin
Jeffrey M. Gutkin
Attorneys for Defendant Facebook, Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED:_____________

__________________________________________
THE HONORABLE BETH LABSON FREEMAN
UNITED STATES DISTRICT JUDGE

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND ORDER C ONTINUING
CMC AND ADR D EADLINES
CASE NO. 5:14-CV-00132-BLF

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ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1

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I, Jeffrey M. Gutkin, attest that concurrence in the filing of this Stipulation to Continue the

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Case Management Conference and Other Pending Deadlines (L.R. 6-2(a)) has been obtained from

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the other signatory. I declare under penalty of perjury under the laws of the United States of

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America that the foregoing is true and correct.

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Executed this 6th day of May, 2014, at San Francisco, California.

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COOLEY LLP

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/s/ Jeffrey M. Gutkin
Jeffrey M. Gutkin
Attorneys for Defendant Facebook, Inc.

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

106705579

STIPULATION AND ORDER C ONTINUING
CMC AND ADR D EADLINES
CASE NO. 5:14-CV-00132-BLF