Diaz et al v. Intuit, Inc.

Filing 129

ORDER GRANTING 128 STIPULATION TO MODIFY BRIEFING SCHEDULE. Signed by Judge Edward J. Davila on 11/7/2017. (ejdlc2S, COURT STAFF) (Filed on 11/7/2017)

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Michael W. Sobol (SBN 194857)
[e-mail]
LIEFF CABRASER HEIMANN &
BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: [phone]
Steven W. Teppler (pro hac vice)
[e-mail]
ABBOTT LAW GROUP, P.A.
2929 Plummer Cove Road
Jacksonville, FL 32223
Telephone: [phone]

Attorneys for Defendant Intuit Inc.

Joseph J. Siprut (pro hac vice)
[e-mail]
SIPRUT PC
17 North State Street, Suite 1600
Chicago, IL 60602
Telephone: [phone]
Ariana J. Tadler (pro hac vice)
[e-mail]
MILBERG, LLP
One Pennsylvania Plaza, 49th Floor
New York, NY 10119
Telephone: [phone]
Attorneys for Plaintiffs and the Proposed Class

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Rodger R. Cole (SBN 178865)
[e-mail]
Angel Chiang (SBN 280546)
[e-mail]
FENWICK & WEST LLP
Silicon Valley Center
801 California Street
Mountain View, CA 94041
Telephone: [phone]
Facsimile: 650.938.5200

IN RE INTUIT DATA LITIGATION

Case No. 15-CV-1778-EJD-SVK

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THIS DOCUMENT RELATES TO:

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ALL ACTIONS

STIPULATION AND [PROPOSED] ORDER
MODIFYING BRIEFING SCHEDULE FOR
PLAINTIFFS’ MOTION TO CERTIFY
ORDER FOR INTERLOCUTORY APPEAL

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Honorable Edward J. Davila

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STIPULATION AND [PROPOSED] ORDER
MODIFYING BRIEFING SCHEDULE FOR
PLAINTIFFS’ MOTION FOR LEAVE TO APPEAL

CASE NO.: 15-CV-1778-EJD-SVK

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WHEREAS, on September 29, 2017, the Court entered an Order in this action granting

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Defendant Intuit Inc.’s (“Intuit”) Motion To Compel Arbitration (Dkt. 123; “Arbitration Order”),

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compelling four of the plaintiffs to arbitration;

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WHEREAS, on October 27, 2017, Plaintiffs filed a Motion to Certify Order for

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Interlocutory Appeal under 28 U.S.C. § 1292(b) or, in the alternative, for leave to file a Motion

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for Reconsideration of the Court’s Arbitration Order pursuant to Civil Local Rule 7-9(b)(1)

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(together, the “Motion for Leave to Appeal”);

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WHEREAS, Plaintiffs’ Motion for Leave to Appeal is currently scheduled to be heard by
the Court on February 15, 2018 at 9:00 a.m.;
WHEREAS, Intuit’s opposition to the Motion for Leave to Appeal is currently due
November 13, 2017, and Plaintiffs’ reply is due by November 20, 2017;
WHEREAS, the parties have conferred and have agreed, subject to the Court’s approval,
to the following modified briefing schedule for filing their opposition and reply briefs:

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Event

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Proposed Date

Deadline for Defendant to file Opposition to
Plaintiffs’ Motion for Leave to Appeal

December 1, 2017

Deadline for Plaintiffs to file reply in support
of their Motion for Leave to Appeal

December 22, 2017

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WHEREAS, the requested modification will not affect any other deadlines previously set
by the Court.
NOW, THEREFORE, the parties hereby stipulate and respectfully request that the

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deadline for Defendant to file an opposition to Plaintiffs’ Motion for Leave to Appeal be

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continued from November 13, 2017 to December 1, 2017, and the deadline for Plaintiffs to file a

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reply in support of their Motion be continued from November 20, 2017 to December 22, 2017.

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STIPULATION AND [PROPOSED] ORDER
MODIFYING BRIEFING SCHEDULE FOR
PLAINTIFFS’ MOTION FOR LEAVE TO APPEAL

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CASE NO.: 15-CV-1778-EJD-SVK

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IT IS SO STIPULATED.

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Dated: November 6, 2017

Respectfully Submitted,

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LIEFF CABRASER HEIMANN & BERNSTEIN, LLP

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By: /s/ Roger N. Heller

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Michael W. Sobol
Roger N. Heller
Melissa A. Gardner

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Attorneys for Plaintiffs and the Proposed Class

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Dated: November 6, 2017

Respectfully Submitted,

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FENWICK & WEST LLP

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By: /s/ Rodger R. Cole
Rodger R. Cole
Angel Chiang

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Attorneys for Defendant Intuit Inc.

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ECF CERTIFICATION
Pursuant to Local Rule 5-1(i)(3), the filing attorney attests that he has obtained
concurrence regarding the filing of this document from the signatories to the document.

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By: /s/ Rodger Cole
Rodger R. Cole

Dated: November 6, 2017

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STIPULATION AND [PROPOSED] ORDER
MODIFYING BRIEFING SCHEDULE FOR
PLAINTIFFS’ MOTION FOR LEAVE TO APPEAL

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CASE NO.: 15-CV-1778-EJD-SVK

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[PROPOSED] ORDER

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Pursuant to the parties’ stipulation, the undersigned hereby orders that the briefing

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schedule for Plaintiffs’ Motion to Certify Order for Interlocutory Appeal be modified as follows:

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Defendant shall file an opposition by December 1, 2017, and Plaintiffs shall file a reply by

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December 22, 2017.

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IT IS HEREBY ORDERED.
Dated: November 7, 2017

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Honorable Edward J. Davila
United States District Judge

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STIPULATION AND [PROPOSED] ORDER
MODIFYING BRIEFING SCHEDULE FOR
PLAINTIFFS’ MOTION FOR LEAVE TO APPEAL

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CASE NO.: 15-CV-1778-EJD-SVK