Feitelson et al v. Google Inc.

Filing 19

ORDER granting 18 STIPULATION TO SET A BRIEFING SCHEDULE AND TO CONTINUE CASE MANAGEMENT CONFERENCE. The Court adopts the briefing schedule set forth in the stipulation. Joint Case Management Statement due by 10/23/2014. Initial Case Management Conference set for 10/30/2014 01:30 PM in Courtroom 3, 5th Floor, San Jose. Signed by Hon. Beth Labson Freeman on 5/21/2014. (blflc2, COURT STAFF) (Filed on 5/21/2014)

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BINGHAM MCCUTCHEN LLP
Brian C. Rocca (SBN 221576)
[e-mail]
Sujal J. Shah (SBN 215230)
[e-mail]
Three Embarcadero Center
San Francisco, CA 94111-4067
Telephone: [phone]
Facsimile: 415.393.2286
WILLIAMS & CONNOLLY LLP
John E. Schmidtlein (163520)
[e-mail]
725 12th St NW
Washington DC 20005-3901
Telephone: [phone]
Facsimile: 202.434.5029
Attorneys for Defendant
Google 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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GARY FEITELSON, a Kentucky resident, and
DANIEL MCKEE, an Iowa resident, on behalf
of themselves and all others similarly situated,

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Plaintiffs,
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v.
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GOOGLE INC., a Delaware corporation,

No. 5:14-cv-02007 BLF
STIPULATION AND [PROPOSED]
ORDER TO SET A BRIEFING
SCHEDULE RE GOOGLE INC.’S
RESPONSE TO THE COMPLAINT
AND TO CONTINUE CASE
MANAGEMENT CONFERENCE
(LOCAL RULE 6-2)

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Defendant.
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Judge:
Dept.

Hon. Beth Labson Freeman
Courtroom 3, 5th Floor

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CASE NO. 5:14-CV-02007 BLF
STIPULATION AND [PROPOSED] ORDER TO SET A BRIEFING SCHEDULE RE GOOGLE INC.’S
RESPONSE TO THE COMPLAINT AND TO CONTINUE CASE MANAGEMENT CONFERENCE
(LOCAL RULE 6-2)
A/76181740.1

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Plaintiffs Gary Feitelson and Daniel McKee on behalf of themselves and all others

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similarly situated (“Plaintiffs”) and Defendant Google Inc. (“Google”) (together, “the Parties”)

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jointly submit this Stipulation and Proposed Order to set a briefing schedule in connection with

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Google’s forthcoming response to the Complaint, and to continue the Case Management

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Conference presently scheduled for July 31, 2014.

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WHEREAS Plaintiffs filed a Complaint against Google on May 1, 2014. See Dkt. 1.

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WHEREAS a Case Management Conference is presently scheduled for July 31, 2014.

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See Dkt. 7.

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WHEREAS Google was served with the Complaint on May 5, 2014. See Dkt. 13.

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WHEREAS Google intends to move to dismiss the Complaint pursuant to Federal Rule
of Civil Procedure 12(b)(6), which is presently due on May 27, 2014.

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WHEREAS there have been no previous time modifications in this case.

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WHEREAS the Parties have met and conferred and have reached an agreement on a

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proposed briefing schedule and date for the Case Management Conference.

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NOW, THEREFORE, the Parties, through their respective counsel, hereby stipulate to,
and ask the Court to approve, the following:

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1.

Google shall file its motion to dismiss on or before July 11, 2014.

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2.

Plaintiffs shall file an opposition to Google’s motion to dismiss on or before

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August 11, 2014.

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3.

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Google shall file a reply in support of its motion to dismiss on or before

September 2, 2014.

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4.

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9:00 a.m.

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5.

Google shall notice the hearing on the motion to dismiss for October 2, 2014 at

In the interest of efficiency, the Case Management Conference currently

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scheduled on July 31, 2014 at 1:30 p.m. shall be continued until October 30, 2014 at 1:30 p.m.

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//

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//

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CASE NO. 5:14-CV-02007 BLF
STIPULATION AND [PROPOSED] ORDER TO SET A BRIEFING SCHEDULE RE GOOGLE INC.’S
RESPOND TO THE COMPLAINT AND TO CONTINUE CASE MANAGEMENT CONFERENCE
(LOCAL RULE 6-2)
A/76181740.1

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IT IS SO STIPULATED.
DATED: May 20, 2014

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BINGHAM MCCUTCHEN LLP

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By:

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/s/ Brian C. Rocca
Brian C. Rocca
[e-mail]
Attorneys for Defendant
Google Inc.

DATED: May 20, 2014

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HAGENS BERMAN SOBOL SHAPIRO LLP

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By:

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/s/ Steve W. Berman
Steve W. Berman
[e-mail]
Attorneys for Plaintiffs
Gary Feitelson et al.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED: May 21, 2014

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BETH LABSON FREEMAN
United States District Judge

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CASE NO. 5:14-CV-02007 BLF
STIPULATION AND [PROPOSED] ORDER TO SET A BRIEFING SCHEDULE RE GOOGLE INC.’S
RESPOND TO THE COMPLAINT AND TO CONTINUE CASE MANAGEMENT CONFERENCE
(LOCAL RULE 6-2)
A/76181740.1

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ATTESTATION
I, Brian C. Rocca, am a partner at Bingham McCutchen LLP and am counsel for Google

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Inc. in this matter. I am the registered ECF user whose username and password are being used to

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file this Stipulation and [Proposed] Order. In compliance with Civil L.R. 5-1(i)(3), I hereby

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attest that the above-identified counsel concurred in this filing.

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DATED: May 20, 2014

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BINGHAM MCCUTCHEN LLP

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By:

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/s/ Brian C. Rocca
Brian C. Rocca
[e-mail]
Attorneys for Defendant
Google Inc.

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CASE NO. 5:14-CV-02007 BLF
STIPULATION AND [PROPOSED] ORDER TO SET A BRIEFING SCHEDULE RE GOOGLE INC.’S
RESPOND TO THE COMPLAINT AND TO CONTINUE CASE MANAGEMENT CONFERENCE
(LOCAL RULE 6-2)
A/76181740.1