Opinion
Kevin P. Roddy, Eric J. Marcy, WILENTZ, GOLDMAN & SPITZER, P.A., Tracey Stevens Buck-Walsh, LAW OFFICE OF TRACEY BUCK-WALSH.
Clyde Talbot Turner, TURNER & ASSOCIATES P.A..
Henry H. Rossbacher, THE ROSSBACHER FIRM, Attorneys for Plaintiffs, ROB STUTZMAN, JONATHAN WHEELER, GLORIA LAURIA, DAVID REIMERS and SCOTT ARMSTRONG.
Zia F Modabber, Gregory S. Korman, Andrew J. Demko, KATTEN MUCHIN ROSENMAN LLP, Attorneys for Defendant, LANCE ARMSTRONG.
Kent J. Schmidt, (SBN 195969), DORSEY & WHITNEY LLP, Costa Mesa, CA.
Jonathan M. Herman (admitted pro hac vice), DORSEY & WHITNEY LLP, New York, NY.
F. Matthew Ralph, (admitted pro hac vice), DORSEY & WHITNEY LLP, Minneapolis, MN, Attorneys for Defendants Penguin Group (USA) Inc., G.P. Putnam's Sons, and The Berkley Publishing Group.
Stephen G. Contopulos, Bradley H. Ellis, SIDLEY AUSTIN LLP, Attorneys for Defendants, RANDOM HOUSE, INC., BROADWAY BOOKS and CROWN PUBLISHING GROUP.
Robert A. Sacks, Brendan P. Cullen, John D. Echeverria, SULLIVAN & CROMWELL LLP, Attorneys for Defendant, THOMAS W. WEISEL.
Marc S. Harris, William H. Forman, Margaret E. Dayton, SCHEPER KIM & HARRIS LLP, Attorneys for Defendant, WILLIAM J. STAPLETON.
JOINT STIPULATION AND ORDER RE CONTINUANCE OF HEARING ON DEFENDANTS' MOTIONS TO DISMISS PLAINTIFFS' FIRST AMENDED CLASS ACTION COMPLAINT
MORRISON C. ENGLAND, Jr., Chief District Judge.
JOINT STIPULATION
Plaintiffs Rob Stutzman, Jonathan Wheeler, Gloria Lauria, David Reimers and Scott Armstrong (collectively, "Plaintiffs"); Defendants Penguin Group (USA) Inc. ("Penguin"), also sued as G.P. Putnam's Sons and The Berkley Publishing Group; Random House, Inc. ("Random House"), also sued as Broadway Books and Crown Publishing Group; Lance Armstrong; Thomas W. Weisel; and William J. Stapleton (collectively, "Defendants") (all collectively referred to as the "Parties"), by and through their undersigned counsel, hereby stipulate and agree as follows:
WHEREAS, on March 7, 2013, Plaintiffs filed a First Amended Class Action Complaint (the "Complaint"), which is the operative pleading in this action;
WHEREAS, in response to Plaintiffs' Complaint, each party Defendant has filed a Motion to Dismiss ("Defendants' Motions to Dismiss") (ECF Nos. 37, 41, 46, 53 and 56), all of which have been fully briefed and are pending before the Court;
WHEREAS, on June 6, 2013, the Court entered a Stipulation and Order rescheduling the hearing on Defendants' Motions to Dismiss to August 8, 2013 (ECF No. 58);
WHEREAS, on August 6, 2013, on the Court's own motion, the hearing on Defendants' Motions to Dismiss was vacated and continued to September 5, 2013, at 2:00 p.m. in Courtroom 7 (ECF No. 100);
WHEREAS, one or more of the attorneys on this case observes the Jewish New Year, Rosh Hashanah, which begins September 4 and ends September 6, 2013;
WHEREAS, the Parties were informed on August 6, 2013, by Stephanie Deutsch, Courtroom Deputy to Chief Judge England, that available alternative dates on Chief Judge England's calendar are October 3 and 31, November 14, and December 5 and 19; and
WHEREAS, the Parties have conferred and agree that the first date among those mentioned by Ms. Deutsch on which all counsel for the Parties are available for the hearing on Defendants' Motions to Dismiss is December 5, 2013, and they are all in agreement to seek an adjournment of the hearing on Defendants' Motions to Dismiss to that date.
IT IS HEREBY STIPULATED AND AGREED THAT:
The hearing on Defendants' Motions to Dismiss should be vacated and continued from September 5, 2013 to December 5, 2013.
ORDER
Pursuant to the parties' stipulation and good cause appearing therefrom, the Court hereby orders that the hearings on Defendants' Motions to Dismiss (ECF Nos. 37, 41, 46, 53, and 56), currently scheduled for September 5, 2013, are vacated and continued to December 5, 2013 at 2:00 p.m., in Courtroom 7.
IT IS SO ORDERED.