McGibney et al v. Retzlaff

Filing 18

Order Granting 17 Stipulation Extending Time to Respond to Defendant Lipton's Motion to Dismiss and Motion to Strike. Responses due by 7/31/2014. Signed by Hon. Beth Labson Freeman on 7/16/2014. (blflc2, COURT STAFF) (Filed on 7/16/2014)

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JASON S. LEIDERMAN, SBN 203336
[e-mail]
LAW OFFICES OF JAY LEIDERMAN
5740 Ralston Street, Suite 300
Ventura, California 93003
Tel: [phone]
Fax: [phone]
Attorney for Plaintiffs
JAMES MCGIBNEY
VIAVIEW, 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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)
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Plaintiffs,
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vs.
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THOMAS RETZLAFF, an individual,
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NEAL RAUHAUSER, an individual,
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LANE LIPTON, an individual, and
DOES 1-5, individuals whose true names are not )
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known,
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Defendants.
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JAMES MCGIBNEY, an individual, and
VIAVIEW, INC, a corporation,

Case No.: 5:14-cv-01059 BLF
JOINT STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME TO RESPOND
TO DEFENDANT LIPTON’S MOTION TO
DISMISS AND MOTION TO STRIKE

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Plaintiff James McGibney, an individual, and ViaView, Inc., a corporation (collectively,
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“Plaintiffs”), together with Defendant Lane Lipton (“Defendant”), by and through counsel (collectively,
the “Parties”), submit the following joint stipulation and proposed order pursuant to Local Rule 6-2. In
support thereof, Plaintiffs’ counsel Jason S. Leiderman declares as follows:

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1. In response to the Complaint in this case, Defendant Lane Lipton filed a Motion to Dismiss and a
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Special Motion to Strike Pursuant to Cal. Civ. Proc. Sec. 425.16 on July 3, 2014 (“Pending Motions”).

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JOINT STIPULATION AND [PROPOSED] ORDER
TO EXTEND T IME
TO RESPOND TO MOTION TO DISMISS
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LAW OFFICES OF JAY LEIDERMAN
5740 Ralston Street, Suite 300
Ventura, California 93003
Tel: [phone]
Fax: [phone]

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(See Docket Nos. 15, 16.) The hearing date for the Pending Motions is set for September 18, 2014.

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Plaintiffs’ response to the Pending Motions is set for July 17, 2014.

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2. Plaintiffs’ counsel was out of the country from June 4, 2014 until July 8, 2014. The month-long

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hiatus has created a backlog of work not just in this case, but other cases in which counsel is attorney of

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record.
3. On July 10, 2014, Plaintiffs’ counsel conferred with Defendant’s counsel regarding an extension

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of time to respond to the Pending Motions. Defendant’s Counsel has agreed to extend the response date

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for the Pending Motions two weeks to July 31, 2014..

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4. The court has not modified any other time limits in this case to this date.

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5. The court has scheduled a case management conference for November 20, 2012, with a case
management statement due a week prior. (See Docket No. 14.)
6. Extending the time to respond to Defendant’s motions does not affect the court’s case

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management schedule or any other schedule set by the court.

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7. This stipulation shall not be considered a waiver of any claims or defenses of either party.

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THEREFORE, the parties request the court accept the parties’ stipulation and enter an Order

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extending Plaintiffs’ time to respond to Defendant’s motions until July 31, 2014.

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Dated: 10 July 2014

LAW OFFICES OF JAY LEIDERMAN

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By:___/s/_Jay Leiderman_________________
Jason S. Leiderman
Attorney for Plaintiffs
James McGibney
ViaView, Inc.
[e-mail]

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JOINT STIPULATION AND [PROPOSED] ORDER
TO EXTEND T IME
TO RESPOND TO MOTION TO DISMISS
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LAW OFFICES OF JAY LEIDERMAN
5740 Ralston Street, Suite 300
Ventura, California 93003
Tel: [phone]
Fax: [phone]

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Dated: 10 July 2014

BRAUNSTEIN & BRAUNSTEIN, P.C.

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By:__/s/_Clark Anthony Braunstein___________
Clark Anthony Braunstein
Attorney for Defendant Lane Lipton
[e-mail]

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//

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//

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Dated: 10 July 2014

LAW OFFICE OF ROBERT S. GIOLITO

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By:____/s/ Robert S. Giolito__________________
Robert S. Giolito
Attorney for Defendant Lane Lipton
[e-mail]

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: July 16, 2014
HONORABLE BETH LABSON FREEMAN
UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION AND [PROPOSED] ORDER
TO EXTEND T IME
TO RESPOND TO MOTION TO DISMISS
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LAW OFFICES OF JAY LEIDERMAN
5740 Ralston Street, Suite 300
Ventura, California 93003
Tel: [phone]
Fax: [phone]