Derby v. AOL, Inc.

Filing 37

STIPULATION AND ORDER 36 to Extend Briefing Schedule on Defendant's Motion to Dismiss, to Reschedule Motion Hearing and to Reschedule Case Management Conference. Set/Reset Deadlines as to 35 MOTION to Dismiss Amended Complaint. Opposition due by 8/6/2015. Reply due by 8/27/2015. Motion Hearing set for 9/11/2015 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Case Management Conference set for 9/11/2015 10:30 AM in Courtroom 6, 4th Floor, San Jose. Joint Case Management Statement due 9/4/2015. Signed by Judge Ronald M. Whyte on 7/29/15. (jgS, COURT STAFF) (Filed on 7/29/2015)

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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]
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,
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, TO RESCHEDULE
MOTION HEARING, AND TO
RESCHEDULE CASE MANAGEMENT
CONFERENCE
CMC Date:
CMC Time:
Dept:
Judge:

July 31, 2015
10:30 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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McGuire Law, P.C., and Defendant AOL, Inc. (“Defendant”), by and through its attorneys Covington &

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Burling LLP, pursuant to Local Rules 6-1, 6-2 and 7-12 hereby stipulate as follows:

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1.

On June 25, 2015, Plaintiff filed his First Amended Class Action Complaint. (Dkt. 31.)

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2.

On July 16, 2015, Defendant filed its Motion to Dismiss the First Amended Class Action

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Complaint (“Motion to Dismiss”). (Dkt 35.)
3.

The hearing on Defendant’s Motion to Dismiss is currently set for August 21, 2015 at

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9:00 a.m. Plaintiff’s opposition to the Motion to Dismiss is currently due on July 30, 2015, and

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Defendant’s reply brief is currently due on August 6, 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 to Dismiss, and in light of

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

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Motion to Dismiss until September 11, 2015, and good cause exists for an extension of time for Plaintiff

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to properly respond to Defendant’s Motion to Dismiss and for Defendant to properly reply in support

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thereof.

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5.

Additionally, on July 1, 2015, the Court set a Case Management Conference for July 31,

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2015, with a Case Management Statement due on July 24, 2015. (Dkt. 32.) The Parties have met and

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conferred and believe that, in light of Defendant’s pending Motion to Dismiss, and in light of the Motion

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to Dismiss being set for hearing, in the interests of efficiency and judicial economy, the Case

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Management Conference should be rescheduled to September 11, 2015—the same date as the hearing

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on the Motion to Dismiss.

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6.

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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7.

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 seven (7) days to August 6, 2015; (ii) extending the

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

No. 15-cv-00452-RMW

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deadline for Defendant to file its reply in support of the Motion to Dismiss by fourteen (14) days to

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August 27, 2015; (iii) subject to the Court’s availability, rescheduling the hearing on Defendant’s

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Motion to Dismiss to September 11, 2015; and (iv) subject to the Court’s availability, rescheduling the

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Case Management Conference to September 11, 2015, or the same date as the hearing on Defendant’s

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Motion to Dismiss, with a Case Management Statement due September 4, 2015, or seven days prior to

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the rescheduled Case Management Conference.

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Dated: July 23, 2015

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NICHOLAS DERBY
By:

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/s/ Evan M. Meyers
Evan M. Meyers
Attorneys for Plaintiff
NICHOLAS DERBY

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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]

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Evan M. Meyers (admitted pro hac vice)
[e-mail]
MCGUIRE LAW, P.C.
55 W. Wacker Drive, 9th Floor
Chicago, IL 60601
Tel: [phone]

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Attorneys for Plaintiff
NICHOLAS DERBY

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Dated: July 23, 2015

AOL, INC.
By:

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/s/ Simon J. Frankel
Simon J. Frankel
Attorneys for Defendant
AOL, INC.

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

No. 15-cv-00452-RMW

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

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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:

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By:

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

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

No. 15-cv-00452-RMW