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Cullen v. Netflix, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Nov 23, 2011
Case No. 5:11-cv-01199-EJD (N.D. Cal. Nov. 23, 2011)

Opinion

Case No. 5:11-cv-01199-EJD

11-23-2011

DONALD CULLEN, on behalf of himself and all others similarly situated, Plaintiff, v. NETFLIX, INC., Defendant.


DAVID F. MCDOWELL (No. 125806)

JACOB M. HARPER (No. 259463)

MORRISON & FOERSTER LLP

Attorneys for Defendant

NETFLIX, INC.

GREGORY S. WESTON (No. 239944)

JACK FITZGERALD (No. 257370)

MELANIE PERSINGER (No. 275423)

THE WESTON FIRM

Attorneys for Plaintiff

DONALD CULLEN and

the Putative Class

STIPULATION TO CONTINUE CASE

MANAGEMENT CONFERENCE AND

HEARING ON DEFENDANT'S

MOTION TO DISMISS THE SECOND

AMENDED COMPLAINT BY ONE

WEEK; DECLARATION OF DAVID F.

MCDOWELL

[L. R. 6-2, 7-12]

Current Date: December 2, 2011

Proposed Date: December 9, 2011

Time: 10:00 a.m.

Judge: Hon. Edward J. Davila

Courtroom: 1

STIPULATION AND [PROPOSED] ORDER

Plaintiff Donald Cullen ("Plaintiff") and defendant Netflix, Inc. ("Defendant") (together, the "Parties") hereby submit the following stipulated request to continue the case management conference and hearing on Defendant's Motion to Dismiss the Second Amended Complaint by one week from December 2, 2011 to December 9, 2011:

WHEREAS

1. On September 5, 2011, Plaintiff filed his Second Amended Complaint (Dkt. No. 26);

2. On October 5, 2011, Defendant filed its Motion to Dismiss the Second Amended Complaint (Dky. No. 31), with the hearing noticed for December 2, 2011 per prior stipulation and order (Dkt. No. 24);

3. Because of an unavoidable court-ordered mandatory settlement conference in another case in the Southern District of Ohio, counsel for Netflix will be unable to attend the hearing and case management conference currently scheduled in this matter for December 2, 2011. As explained more fully in the attached Declaration of David F. McDowell, counsel for Netflix has attempted to change, but cannot, the date of the conflicting settlement conference;

4. The Parties respectfully request a modest one-week continuance of the conference hearing date to December 9, 2011;

5. Netflix has not previously requested a continuance of any hearing or conference in this matter.

WHEREFORE, THE PARTIES HEREBY STIPULATE that the case management conference and hearing on Netflix's Motion to Dismiss the Second Amended Complaint be continued by one week from December 2, 2011, to December 9, 2011.

IT IS SO STIPULATED:

DAVID F. MCDOWELL

JACOB M. HARPER

MORRISON & FOERSTER LLP

David F. McDowell

Attorneys for Defendant

NETFLIX, INC.

GREGORY S. WESTON

JACK FITZGERALD

Jack Fitzgerald

Attorneys for Plaintiff

DONALD CULLEN

IT IS SO ORDERED

The Hearing and Case Management Conference are continued to January 6, 2012 at 9:00 AM and 10:00 AM respectively.

Hon. Edward J. Davila

UNITED STATES DISTRICT JUDGE

DECLARATION OF DAVID F. McDOWELL

I, David F. McDowell, state and declare:

1. I am a partner with Morrison & Foerster LLP, counsel of record for defendant Netflix, Inc. ("Defendant") in the above captioned matter, and am a member in good standing of the State Bar of California. I submit this declaration in support of the parties' Stipulation to Continue the Case Management Conference and Defendant's Motion to Dismiss the Second Amended Complaint by One Week. I have personal knowledge of the statements set forth below, which are true and correct to the best of my knowledge, and I could and would testify to them.

2. I have been ordered to engage in a mandatory settlement conference in Ehlers v. Restoration Hardware, Inc., S.D. Ohio Case No. 2:10-cv-01147, by December 5, 2011. Because of the number of parties and individuals involved, it has been extraordinarily difficult to schedule a date for this conference, and the only date available for the other parties and counsel to comply with the Court's deadline is December 2, 2011. That date, however, creates a direct conflict with the case management conference and motion to dismiss hearing in this matter.

3. I have been unable to reschedule the mandatory settlement conference or obtain a continuance of the Court's December 5 deadline.

4. Counsel for plaintiff Donald Cullen ("Plaintiff") has agreed to continue the case management conference and hearing in this matter to December 9, 2011.

5. I respectfully request, therefore, a modest one-week continuance from December

2, 2011, to December 9, 2011, for the scheduled case management conference and hearing on Defendant's motion to dismiss. I request this continuance in the interests of justice and believe this modest continuance would not unduly delay this matter.

6. Counsel has not previously sought a continuance of any hearing in this matter.

I declare under penalty of perjury that, to the best of my knowledge, the foregoing statements are true and correct. Executed on November 21, 2011, in Los Angeles, California.

David F. McDowell


Summaries of

Cullen v. Netflix, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Nov 23, 2011
Case No. 5:11-cv-01199-EJD (N.D. Cal. Nov. 23, 2011)
Case details for

Cullen v. Netflix, Inc.

Case Details

Full title:DONALD CULLEN, on behalf of himself and all others similarly situated…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Nov 23, 2011

Citations

Case No. 5:11-cv-01199-EJD (N.D. Cal. Nov. 23, 2011)