Harris v. Blockbuster Inc

Filing 41

Plaintiffs' MOTION to Lift Stay, Consolidate Proceedings and MOTION for Order to Show Cause filed by Cathryn Elaine Harris, Mario Herrera, Maryam Hosseiny with Brief/Memorandum in Support. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Wilson, Jeremy)

Case5:08-cv-03845-RS Document19

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Shawn Hanson (State Bar No. 109321) [e-mail] JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant HOTWIRE, INC. [Counsel for Defendants Continued on Signature Page] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

SEAN LANE, et al., Plaintiffs, v. FACEBOOK, INC., et al., Defendants.

Case No. C 08-03845 RS JOINT STIPULATION AND [PROPOSED] ORDER RE OPEN EXTENSION OF TIME TO RESPOND TO COMPLAINT

Judge:

Richard Seeborg

Plaintiffs and Defendants, by and through their undersigned counsel, hereby stipulate and agree, subject to the approval of the Court, as follows: 1. Defendant Facebook, Inc. intends to file a motion to dismiss the complaint on or

before October 10, 2008, and all parties to this action wish to have that motion to dismiss resolved prior to requiring responsive pleadings from the non-Facebook defendants given similar issues of law pertaining to the claims asserted in the complaint as against such defendants. 2. In furtherance thereof, all parties stipulate that Plaintiffs and each of them will

give each of the non-Facebook defendants an open extension of time to respond to the complaint that Plaintiffs may terminate without Court approval at any time upon thirty (30) days written notice to each of the non-Facebook defendants.
JOINT STIP. & PROP. ORD. RE OPEN EXT. OF TIME TO RESPOND, C 08-03845 RS

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3.

All parties stipulate further that no non-Facebook defendant will respond to the

complaint in any subsequently-filed related case prior to responding to the complaint in this matter and will promptly notify all parties of any subsequently-filed related case. Each nonFacebook defendant will meet and confer with Plaintiffs' counsel with respect to any notice of related cases if such non-Facebook defendant is served with a complaint. 4. The parties respectfully request the Court to reschedule the initial case

management conference, currently scheduled for December 3, 2008 at 2:30 p.m., to sometime in January 2009. The parties further request the Court to schedule a status conference during the week of December 15, 2008, and to relieve the parties from preparing initial disclosures (currently due on November 26, 2008) until a new date is set for the initial case management conference. 5. Given that many of the parties have not yet appeared in this action, all parties

reserve the right to file and serve a Declination to Proceed before the United States Magistrate Judge at any time prior to the filing and service by Plaintiffs of their opposition to Facebook's motion to dismiss.

DATED: October 10, 2008

KAMBEREDELSON LLC By: /s/ Alan Himmelfarb Alan Himmelfarb Scott A. Kamber (not admitted; pro hac vice application to be filed) Attorneys for Plaintiffs

DATED: October 9, 2008

COOLEY GODWARD KRONISH LLP By: /s/ Michael G. Rhodes Michael G. Rhodes Attorneys for Facebook, Inc.

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JOINT STIP. & PROP. ORD. RE OPEN EXT. OF TIME TO RESPOND, C 08-03845 RS

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DATED: October 9, 2008

JONES DAY By: /s/ Shawn Hanson Shawn Hanson Attorneys for Defendant Hotwire, Inc.

DATED: October 9, 2008

VINSON & ELKINS LLP By: /s/ Marc A. Fuller Marc A. Fuller Attorneys for Defendant Blockbuster, Inc.

DATED: October 9, 2008

ZAPPOS.COM, INC. By: /s/ Donna M. Herzing Donna M. Herzing Attorneys for Defendant Zappos.com, Inc.

DATED: October __, 2008

OVERSTOCK.COM, INC. By:

Jonathan Johnson Attorneys for Defendant Overstock.com, Inc.

DATED: October 9, 2008

FANDANGO, INC. By: /s/ Lisa H. Harrington Lisa H. Harrington Attorneys for Defendant Fandango, Inc.

DATED: October 9, 2008

HAYES DAVIS BONINO ELLINGSON MCLAY & SCOTT, LLP By: /s/ Stephen P. Ellingson Stephen P. Ellingson Attorneys for Defendant STA Travel, Inc.

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JOINT STIP. & PROP. ORD. RE OPEN EXT. OF TIME TO RESPOND, C 08-03845 RS

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DATED: October 10, 2008

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP By: /s/ Kent R. Raygor Kent R. Raygor Attorneys for Defendant Gamefly, Inc.

PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: _______________________, 2008 ______________________________ The Honorable Richard Seeborg Magistrate Judge of the United States District Court

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JOINT STIP. & PROP. ORD. RE OPEN EXT. OF TIME TO RESPOND, C 08-03845 RS