Opinion
Case No. 5:11-cv-05337 RMW
11-03-2011
DANIEL DONOHUE, individually and on behalf of all others similarly situated, Plaintiff, v. APPLE INC., Defendant.
PENELOPE A. PREOVOLOS STUART C. PLUNKETT SUZANNA P. BRICKMAN MORRISON & FOERSTER LLP Penelope A. Preovolos Attorneys for Defendant APPLE INC. KATHRYN DIEMER DIEMER, WHITMER & CARDOSI LLP KEVIN ENG EDWARD ZUSMAN MARKUN ZUSMAN & COMPTON LLP MARK BULGARELLI(Pro Hac Vice ) ALEX STEPICK (Pro Hac Vice ) PROGRESSIVE LAW GROUP, LLC Alex Stepick Attorneys for Plaintiff DANIEL DONOHUE
Kathryn S. Diemer, Esq. SBN 133977
DIEMER, WHITMAN & CARDOSI, LLP
Alex Stepick (Pro Hac Vice)
Mark Bulgarelli (Pro Hac Vice)
PROGRESSIVE LAW GROUP, LLC
Attorneys for Plaintiff
CLASS ACTION
JOINT STIPULATION FOR
EXTENSION OF TIME TO FILE
AMENDED COMPLAINT; [PROPOSED]
ORDER
[N.D. CAL. CIVIL LR 6-2]
Judge: Hon. Ronald M. Whyte
Pursuant to Northern District Local Rules 6-1(b) and 6-2(a), Plaintiff and defendant Apple Inc. ("Apple"), by and through their respective counsel, hereby stipulate as follows:
WHEREAS, on May 10, 2012, the Court entered an order granting Apple's motion to dismiss, and ordering Plaintiff to file a Second Amended Complaint ("SAC") on or before June 11, 2012;
WHEREAS, the parties have met and conferred, and have agreed to extend Plaintiff's time to file the SAC due to Plaintiff's counsel's previously-scheduled and conflicting work and personal commitments (See Declaration of Ilan Chorowsky ("Chorowsky Decl."), filed concurrently herewith, ¶ 3);
WHEREAS, the parties also conferred and agreed to extend Apple's time to plead or otherwise respond to the SAC (Chorowsky Decl. ¶ 4);
WHEREAS, this is the first stipulation and request to extend time related to the SAC, and will not otherwise effect or alter any deadline set by this Court; (Chorwosky Decl. ¶¶ 5, 6);
NOW THEREFORE, the parties stipulate as follows:
1. Plaintiff's time to file the SAC is extended to and including July 11, 2012.
2. Apple's time to plead or otherwise respond to the SAC is extended to and including August 1, 2012.
3. Plaintiff's opposition to any threshold motions responding to the SAC shall be filed on or before August 22, 2012.
4. Apple's reply brief shall be filed on or before September 12, 2012.
5. A hearing on Apple's threshold motions, if any, shall be set for October 5, 2012 at 9:00 a.m.
6. Apple is not obligated to answer the SAC until after the Court rules on any threshold motions.
PENELOPE A. PREOVOLOS
STUART C. PLUNKETT
SUZANNA P. BRICKMAN
MORRISON & FOERSTER LLP
By: _____________
Penelope A. Preovolos
Attorneys for Defendant
APPLE INC.
KATHRYN DIEMER
DIEMER, WHITMER & CARDOSI LLP
KEVIN ENG
EDWARD ZUSMAN
MARKUN ZUSMAN & COMPTON LLP
MARK BULGARELLI(Pro Hac Vice)
ALEX STEPICK (Pro Hac Vice)
PROGRESSIVE LAW GROUP, LLC
By: __________
Alex Stepick
Attorneys for Plaintiff
DANIEL DONOHUE
[PROPOSED] ORDER
Pursuant to Stipulation, IT IS SO ORDERED.
____________________
Honorable Ronald Whyte