Derby v. AOL, Inc.

Filing 20

STIPULATION AND ORDER 19 to Extend Briefing Schedule on Defendant's Motion to Dismiss and to Reschedule Motion Hearing. Signed by Judge Ronald M. Whyte on 4/16/15. (jgS, COURT STAFF) (Filed on 4/16/2015)

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Simon J. Frankel (Bar No. 171552)
[e-mail]
COVINGTON & BURLING LLP
One Front Street, 35th Floor
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]

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Attorneys for Defendant
AOL, INC.
David C. Parisi (Bar No. 162248)
[e-mail]
Suzanne Havens Beckman (Bar No. 188814)
[e-mail]
PARISI & HAVENS LLP
212 Marine Street, Suite 100
Santa Monica, CA 90405
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff
NICHOLAS DERBY
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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NICHOLAS DERBY, individually and on
behalf of a class of similarly situated individuals,

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Plaintiff,
v.
AOL, INC., a Delaware corporation,
Defendant.

Civil Case No.: 5:15-cv-00452-RMW
STIPULATION AND []
ORDER TO EXTEND BRIEFING
SCHEDULE ON DEFENDANT’S MOTION
TO DISMISS AND TO RESCHEDULE
MOTION HEARING
Hearing Date:
Hearing Time:
Dept:
Judge:

May 8, 2015
9:00 a.m.
Courtroom 6, 4th Floor
Hon. Ronald M. Whyte

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Plaintiff Nicholas Derby (“Plaintiff”), by and through his attorneys Parisi & Havens LLP, and

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Defendant AOL, Inc. (“Defendant”), by and through its attorneys Covington & Burling LLP, pursuant to

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Local Rules 6-1(b), 6-2 and 7-12 hereby stipulate as follows:

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1.

On February 2, 2015, Plaintiff filed his Class Action Complaint. (Dkt. 1.)

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2.

On April 3, 2015, Defendant filed its Motion to Dismiss (“Motion”). (Dkt 18.)

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3.

The hearing on Defendant’s Motion is currently set for May 8, 2015 at 9:00 a.m.

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Plaintiff’s opposition to the Motion is currently due on April 17, 2015, and Defendant’s reply brief is

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currently due on April 24, 2015.

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4.

The Parties have met and conferred and believe that, in light of the amount of time

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necessary to thoroughly address the issues presented in Defendant’s Motion, and in light of the

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schedules of counsel, good cause exists to continue the hearing on Defendant’s Motion and good cause

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exists for an extension of time for Plaintiff to properly respond to Defendant’s Motion and for Defendant

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to properly reply in support thereof.

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5.

This Stipulation is made in good faith and not for the purpose of delay or for any other

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improper purpose. No other date or deadline would be impacted by the extensions requested in this

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Stipulation.

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6.

Consequently, Plaintiff Nicholas Derby and Defendant AOL, Inc. hereby stipulate to, and

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request that this Honorable Court enter an Order: (i) extending the deadline for Plaintiff to file his

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response to Defendant’s Motion to Dismiss by twenty-one (21) days to May 8, 2015; (ii) extending the

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deadline for Defendant to file its reply in support of the Motion to Dismiss by seven (7) days to May 22,

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2015; and (iii) rescheduling the hearing on Defendant’s Motion to Dismiss to May 29, 2015, or any date

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thereafter in accordance with the Court’s calendar.

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Dated: April 9, 2015

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PARISI & HAVENS LLP
By:

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/s/ David C. Parisi
David C. Parisi
Attorneys for Plaintiff
NICHOLAS DERBY

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David C. Parisi (Bar No. 162248)
[e-mail]

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Stip. And [] Order to Extend Briefing
Schedule and to Reschedule Hearing Date

No. 15-cv-00452-RMW

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Suzanne Havens Beckman (Bar No. 188814)
[e-mail]
PARISI & HAVENS LLP
212 Marine Street, Suite 100
Santa Monica, CA 90405
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff
NICHOLAS DERBY

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Dated: April 9, 2015

COVINGTON & BURLING LLP

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By:

/s/ Simon J. Frankel
Simon J. Frankel

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Attorneys for Defendant
AOL, INC.

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Simon J. Frankel (Bar No. 171552)
COVINGTON & BURLING LLP
One Front Street, 35th Floor
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]

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Eric C. Bosset (admitted pro hac vice)
[e-mail]
COVINGTON & BURLING LLP
One CityCenter, 850 Tenth Street NW
Washington, D.C. 20001
Tel: [phone]
Fax: [phone]

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Pursuant to Stipulation, IT IS SO ORDERED.

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Dated:

By:
Hon. Ronald M. Whyte
U.S. District Court Judge

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Stip. And [] Order to Extend Briefing
Schedule and to Reschedule Hearing Date

No. 15-cv-00452-RMW