Fabozzi v. Stubhub, Inc.

Full title: JOSEPH FABOZZI, on behalf of himself and those similarly situated…

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND VISION

Date published: Oct 24, 2011

Case No. 11-cv-4385 (N.D. Cal. Oct. 24, 2011)

Opinion

Case No. 11-cv-4385

10-24-2011

JOSEPH FABOZZI, on behalf of himself and those similarly situated, Plaintiff, v. STUBHUB, INC. and THE PHILLIES, L.P., Defendants.

OSEPH FABOZZI RANDALL S. NEWMAN, P.C. Randall S. Newman (Cal. Bar No. 190547) Attorneys for Plaintiff STUBHUB, INC. AND THE PHILLIES, L.P. WEIL GOTSHAL & MANGES LLP David J. Lender (pending pro hac vice ) Eric S. Hochstadt (pending pro hac vice ) Kristen M. Echemendia (pending pro hac vice ) Christopher J. Cox (Bar No. 151650) Liani Kotcher (Bar No. 277282) Attorneys for Defendants StubHub, Inc. and The Phillies, L.P.

Edward M. Chen

David J. Lender (pending pro hac vice)
Eric S. Hochstadt (pending pro hac vice)
Kristen M. Echemendia (pending pro hac vice)
WEIL, GOTSHAL & MANGES LLP
Christopher J. Cox (Bar No. 151650)
Liani Kotcher (Bar No. 277282)
WEIL, GOTSHAL & MANGES LLP
Attorneys for Defendants StubHub, Inc.
and The Phillies, L.P.

STIPULATED REQUEST TO

EXTEND DEFENDANTS' TIME TO

RESPOND TO PLAINTIFF'S

AMENDED CLASS ACTION

COMPLAINT AND [PROPOSED]

ORDER

Pursuant to Federal Rule of Civil Procedure 15(a) and this stipulation, Defendants StubHub, Inc. and the Phillies, L.P. ("Defendants") hereby request that the Court extend the deadline for Defendants to file a response to plaintiff Joseph Fabozzi's ("Plaintiff) Amended Class Action Complaint to October 28, 2011, with Plaintiffs opposition to any motions to dismiss due December 2, 2011 and Defendants' reply due December 16, 2011. Plaintiff stipulates to this request.

1. WHEREAS on September 1, 2011, Plaintiff filed an Amended Class Action Complaint.

2. WHEREAS the current deadline for StubHub to submit a response to Plaintiff's Amended Class Action Complaint is October 7, 2011. See Fed. R. Civ. P. 15(a)(3).

3. WHEREAS the Phillies have not been served with the Amended Class Action Complaint, and, therefore, the Phillies time to respond has not started. See id. As a condition of this stipulation, counsel will accept service for the Phillies.

4. WHEREAS a stipulation would allow both Defendants' motions to dismiss to proceed on the same schedule.

5. Defendants request that the deadline for them to file their answer or a motion to dismiss the Amended Class Action Complaint be rescheduled to October 28, 2011. Plaintiff stipulates to this request.

6. Plaintiff requests that the deadline for him to file an opposition to any motion to dismiss be rescheduled to December 2, 2011. Defendants stipulate to this request.

7. Defendants request that the deadline for them to file a reply to any opposition to their motion to dismiss be rescheduled to December 16, 2011. Plaintiff stipulates to this request.

Counsel for Defendants attest under penalty of perjury that counsel for Plaintiff concurs in the filing of this stipulated request.

JOSEPH FABOZZI

RANDALL S. NEWMAN, P.C.

Randall S. Newman (Cal. Bar No. 190547)

Attorneys for Plaintiff

STUBHUB, INC. AND THE PHILLIES, L.P.

WEIL GOTSHAL & MANGES LLP

David J. Lender

(pending pro hac vice)

Eric S. Hochstadt

(pending pro hac vice)

Kristen M. Echemendia

(pending pro hac vice)

Christopher J. Cox (Bar No. 151650)

Liani Kotcher (Bar No. 277282)

Attorneys for Defendants StubHub, Inc.

and The Phillies, L.P.

[PROPOSED] ORDER

Pursuant to stipulation, IT IS SO ORDERED.

Hon. Edward M. Chen

United States District Judge