Feitelson et al v. Google Inc.

Filing 44

ORDER Granting 43 Amended Stipulation to Continue Hearing on Google Inc.'s Motion to Dismiss Plaintiffs' First Amended Class Action Complaint and Case Management Conference. Case Management Statement due by 1/15/2015. Initial Case Management Conference set for 1/22/2015 01:30 PM in Courtroom 3, 5th Floor, San Jose. Motion Hearing set for 12/18/2014 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Signed by Hon. Beth Labson Freeman on 11/12/2014. (blflc2, COURT STAFF) (Filed on 11/12/2014)

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1 2 3 4 5 6 7 8 9 10 11 BINGHAM MCCUTCHEN LLP Brian C. Rocca (SBN 221576) brian.rocca@bingham.com Sujal J. Shah (SBN 215230) Susan J. Welch (SBN 232620) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: 415.393.2000 Facsimile: 415.393.2286 WILLIAMS & CONNOLLY LLP John E. Schmidtlein (SBN 163520) jschmidtlein@wc.com Jonathan B. Pitt (pro hac vice) James H. Weingarten (pro hac vice) Benjamin M. Stoll (pro hac vice) 725 12th St NW Washington DC 20005-3901 Telephone: 202.434.5901 Facsimile: 202.434.5029 BINGHAM MCCUTCHEN LLP Hill B. Wellford (pro hac vice) hill.wellford@bingham.com Jon R. Roellke (pro hac vice) Gregory F. Wells (SBN 212419) 2020 K Street NW Washington, D.C. 20006 Telephone: 202.373.6000 Facsimile: 202.373.6001 Attorneys for Defendant Google Inc. 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 SAN JOSE DIVISION 15 16 17 GARY FEITELSON, a Kentucky resident, and DANIEL MCKEE, an Iowa resident, on behalf of themselves and all others similarly situated, 18 Plaintiffs, 19 v. 20 GOOGLE INC., a Delaware corporation, 21 No. 5:14-cv-02007 BLF AMENDED STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON GOOGLE INC.’S MOTION TO DISMISS PLAINTIFFS’ FIRST AMENDED CLASS ACTION COMPLAINT AND CASE MANAGEMENT CONFERENCE (LOCAL RULE 6-2) Defendant. 22 Judge: Dept. Hon. Beth Labson Freeman Courtroom 3, 5th Floor 23 24 25 26 27 28 CASE NO. 5:14-CV-02007 BLF AMENDED STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING AND CMC (LOCAL RULE 6-2) A/76514141.2 1 Plaintiffs Gary Feitelson and Daniel McKee on behalf of themselves and all others 2 similarly situated (“Plaintiffs”) and Defendant Google Inc. (“Google”) (together, “the Parties”) 3 jointly submit this Stipulation and Proposed Order to continue the hearing on Google’s Motion to 4 Dismiss Plaintiffs’ First Amended Class Action Complaint and the subsequent Case 5 Management Conference, presently scheduled for November 19, 2014 and December 11, 2014, 6 respectively. 7 WHEREAS, on August 11, 2014, the Court ordered that the hearing on Google’s motion 8 to dismiss Plaintiffs’ First Amended Complaint would take place on November 20, 2014, and the 9 Initial Case Management Conference would take place on December 11, 2014. See Dkt. 33; 10 11 12 13 14 15 16 WHEREAS, on October 28, 2014, the Court ordered that the hearing on Google’s motion to dismiss be rescheduled from November 20, 2014 to November 19, 2014. See Dkt. 40; WHEREAS lead trial counsel for Google has a trial that conflicts with the presently scheduled date of the hearing on Google’s motion to dismiss; WHEREAS Google has not previously requested a change of date for the hearing on its motion to dismiss; WHEREAS Google has requested a change of dates for the hearing and Case 17 Management Conference to accommodate its counsel’s schedule, the Parties have met and 18 conferred, and reached agreement on an alternative hearing schedule, and also an alternative date 19 for the Case Management Conference. 20 21 NOW, THEREFORE, the Parties, through their respective counsel, hereby stipulate to, and ask the Court to approve, the following: The hearing on Google’s motion to dismiss shall be continued to December 18, 22 1. 23 2014 at 9:00 a.m. 24 2. 25 The Case Management Conference scheduled on December 11, 2014 at 1:30 p.m. shall be continued until January 22, 2015 at 1:30 p.m. 26 27 IT IS SO STIPULATED. 28 1 CASE NO. 5:14-CV-02007 BLF AMENDED STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING AND CMC (LOCAL RULE 6-2) A/76514141.2 1 DATED: November 11, 2014 2 BINGHAM MCCUTCHEN LLP 3 4 By: 5 6 /s/ Brian C. Rocca Brian C. Rocca brian.rocca@bingham.com Attorneys for Defendant Google Inc. 7 8 DATED: November 11, 2014 9 HAGENS BERMAN SOBOL SHAPIRO LLP 10 11 By: 12 13 14 /s/ Robert F. Lopez Steve W. Berman (pro hac vice) Robert F. Lopez (pro hac vice) steve@hbsslaw.com robl@hbsslaw.com Attorneys for Plaintiffs Gary Feitelson et al. 15 16 17 PURSUANT TO STIPULATION, IT IS SO ORDERED. 18 19 DATED: November 12, 2014 20 21 Hon. Beth Labson Freeman United States District Judge 22 23 24 25 26 27 28 2 CASE NO. 5:14-CV-02007 BLF AMENDED STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING AND CMC (LOCAL RULE 6-2) A/76514141.2

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