Yale v. Wizards of the Coast LLC

Filing 47

ORDER GRANTING 46 STIPULATION TO EXTEND BRIEFING SCHEDULE. Signed by Judge Edward J. Davila on 10/18/2017. (ejdlc2S, COURT STAFF) (Filed on 10/18/2017)

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David Borgen (SBN 099354)
Of Counsel
[e-mail]
James Kan (SBN 240749)
[e-mail]
Katharine Fisher (SBN 305413)
[e-mail]
GOLDSTEIN, BORGEN, DARDARIAN & HO
300 Lakeside Drive, Suite 1000
Oakland, CA 94612
Tel: [phone]
Fax: [phone]

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Michael Malk (SBN 222366)
[e-mail]
MICHAEL MALK, ESQ. APC
1180 S. Beverly Drive, Suite 302
Los Angeles, CA 90035
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiffs and the Putative Class
(Additional counsel listed on the next page)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PAUL YALE, individually and on behalf of others
similarly situated,
Plaintiff,

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vs.

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Case No. 15-CV-06337-EJD
JOINT STIPULATION TO EXTEND THE
BRIEFING SCHEDULE ON
DEFENDANT’S MOTION TO DISMISS
PLAINTIFF’S SECOND AMENDED
COMPLAINT

WIZARDS OF THE COAST, LLC,

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Defendant.

Date: February 1, 2018
Time: 11:00 a.m.
Ctrm: 4 – 5th Floor
Before: Hon. Edward J. Davila
Complaint Filed: April 12, 2016
FAC Filed: December 5, 2016
SAC Filed: September 22, 2017
Trial Date: Not set

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692672.1
FPDOCS 33347387.1

JOINT STIP. TO EXTEND BRIEFING SCHEDULE ON DEF’S MOT. TO DISMISS SAC
CASE NO.:15-CV-06337-EJD

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Matthew Righetti (SBN 121012)
John Glugoski, Esq. (SBN 191551)
RIGHETTI GLUGOSKI, P.C.
456 Montgomery Street, Suite 1400
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]
Reuben D. Nathan (SBN 208436)
NATHAN & ASSOCIATES, APC
2901 West Pacific Coast Highway, Suite 350
Newport Beach, CA 92663
Tel: [phone]

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Ross Cornell (SBN 210413)
[e-mail]
LAW OFFICES OF ROSS CORNELL, APC
111 W. Ocean Blvd., Suite 400
Long Beach, CA 90802
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiffs and the Putative Class

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Karl R. Lindegren (SBN 125914)
Shaun J. Voigt (SBN 265721)
FISHER & PHILLIPS LLP
2050 Main Street, Suite 1000
Irvine, California 92614
Tel.: [phone]
Fax: [phone]

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Attorneys for Defendant,
WIZARDS OF THE COAST LLC

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692672.1
FPDOCS 33347387.1

JOINT STIP. TO EXTEND BRIEFING SCHEDULE ON DEF’S MOT. TO DISMISS SAC
CASE NO.:15-CV-06337-EJD

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Plaintiff PAUL YALE (“Plaintiff”) and Defendant WIZARDS OF THE COAST LLC

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(“Defendant”) (collectively the “Parties”), by and through their respective counsel of record, submit

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the following Joint Stipulation to Extend the Briefing Schedule on Defendant’s Motion to Dismiss

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Plaintiff’s Second Amended Complaint.

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WHEREAS, on September 22, 2017 Plaintiff filed his Second Amended Complaint in the
above-captioned matter;

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WHEREAS, on October 6, 2017 Defendant filed a Notice of Motion and Motion to Dismiss
Plaintiff’s Second Amended Complaint;

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WHEREAS, the Court set the hearing for this motion for February 1, 2018, and ordered
responses be due by October 20, 2017 and replies due by November 3, 2017;

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WHEREAS, Plaintiff’s counsel require an extension of one week’s time through October 27,
2017 to prepare and file their opposition to Defendant’s Motion due to other commitments of counsel;

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WHEREAS, Defendants are amenable to Plaintiff’s request for additional time in exchange

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for an extension of one week’s time through November 10, 2017 to prepare and file their reply in

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connection with the Motion;

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WHEREAS, there have been no prior extensions of the briefing schedule in connection with

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Defendant’s Motion to Dismiss Plaintiff’s Second Amended Complaint, and the requested extensions

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will not prejudice either party and all other Court deadlines remain unaffected;

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NOW, THEREFORE, Plaintiff and Defendant, by and through their counsel of record and
subject to Court approval, hereby stipulate that:

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1.

Plaintiff shall file his opposition on or before October 27, 2017;

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2.

Defendant shall file any reply in support of its Motion to Dismiss Plaintiff’s Second

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Amended Complaint on or before November 10, 2017;

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Pursuant to Civil Local Rule 5-1(i), the e-filing attorney hereby attests that concurrence in the

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filing of this document has been obtained from each of the other signatories, indicated by a conformed

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signature (/S/), which shall serve in lieu of their signatures on this e-filed document.

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692672.1
FPDOCS 33347387.1

JOINT STIP. TO EXTEND BRIEFING SCHEDULE ON DEF’S MOT. TO DISMISS SAC
CASE NO.:15-CV-06337-EJD

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IT IS SO STIPULATED.
Dated: October 17, 2017

GOLDSTEIN, BORGEN, DARDARIAN & HO

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By:

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Attorneys for Plaintiff,
PAUL YALE and the putative class

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/s/ James Kan
JAMES KAN

Dated: October 17, 2017

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FISHER & PHILLIPS LLP
By:

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/s/ Shaun J. Voigt
KARL R. LINDEGREN
SHAUN J. VOIGT
Attorneys for Defendant,
WIZARDS OF THE COAST LLC

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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October 18, 2017
Dated: _____________

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By:
Hon. Edward J. Davila
United States District Judge

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692672.1
FPDOCS 33347387.1

JOINT STIP. TO EXTEND BRIEFING SCHEDULE ON DEF’S MOT. TO DISMISS SAC
CASE NO.:15-CV-06337-EJD

CERTIFICATE OF SERVICE

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I, the undersigned, am employed in the County of Los Angeles, State of
California. I am over the age of 18 and not a party to the within action; am employed
with Fisher & Phillips LLP and my business address is 444 South Flower Street, Suite
1500, Los Angeles, California 90071.

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On October 17, 2017 I served the foregoing document entitled JOINT
STIPULATION TO EXTEND THE BRIEFING SCHEDULE ON DEFENDANT’S
MOTION TO DISMISS PLAINTIFF’S SECOND AMENDED COMPLAINT on
all the appearing and/or interested parties in this action by placing
the original
a
true copy thereof enclosed in sealed envelope(s) addressed as follows:

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

[by MAIL] - I am readily familiar with the firm's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited
with the U.S. Postal Service on that same day with postage thereon fully prepaid
at Los Angeles, California in the ordinary course of business. I am aware that on
motion of the party served, service is presumed invalid if postage cancellation
date or postage meter date is more than one day after date of deposit for mailing
this affidavit.

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[by ELECTRONIC SUBMISSION] - I served the above listed document(s)
described via the United States District Court’s Electronic Filing Program on the
designated recipients via electronic transmission through the CM/ECF system on
the Court’s website. The Court’s CM/ECF system will generate a Notice of
Electronic Filing (NEF) to the filing party, the assigned judge, and any registered
users in the case. The NEF will constitute service of the document(s).
Registration as a CM/ECF user constitutes consent to electronic service through
the court’s transmission facilities.

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[by FEDERAL EXPRESS] - I am readily familiar with the firm’s practice for
collection and processing of correspondence for overnight delivery by Federal
Express. Under that practice such correspondence will be deposited at a facility
or pick-up box regularly maintained by Federal Express for receipt on the same
day in the ordinary course of business with delivery fees paid or provided for in
accordance with ordinary business practices.

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[by PERSONAL SERVICE] - I caused to be delivered by messenger such
envelope(s) by hand to the office of the addressee(s). Such messenger is over the
age of eighteen years and not a party to the within action and employed with
Network Express, whose business address is 1533 Wilshire Boulevard, Los
Angeles, CA 90017.

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I declare that I am employed in the office of a member of the bar of this Court at
whose direction the service was made.

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Executed October 17, 2017 at Los Angeles, California.

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MARVIN JOHNSON

By: /s/ Marvin Johnson

Print Name

Signature

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692672.1
FPDOCS 33347387.1

CERTIFICATE OF SERVICE