Opinion
Case No.: 3:11-cv-02246-RS
10-06-2011
HENRY GARCIA, On Behalf of Himself, All Others Similarly Situated and the General Public, Plaintiff, v. SONY COMPUTER ENTERTAINMENT AMERICA, LLC, Defendant.
BLOOD HURST & O'REARDON, LLP TIMOTHY G. BLOOD (149343) THOMAS J. O'REARDON II (247952) PAULA M. ROACH (254142) By: TIMOTHY G. BLOOD CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD, LLP DAVID S. CASEY, JR. (60768) FREDERICK SCHENK (86392) GAYLE BLATT (122048) DAVID LIZERBRAM & ASSOCIATES DAVID LIZERBRAM (222007) Attorneys for Plaintiff DLA PIPER LLP (US) LUANNE SACKS (120811) CARTER W. OTT (221660) By CARTER W. OTT Attorneys for Defendant
BLOOD HURST & O'REARDON, LLP
TIMOTHY G. BLOOD (149343)
THOMAS J. O'REARDON II (247952)
PAULA M. ROACH (254142)
CASEY GERRY SCHENK FRANCAVILLA
BLATT & PENFIELD, LLP
DAVID S. CASEY, JR. (60768)
FREDERICK SCHENK (86392)
GAYLE BLATT (122048)
Attorneys for Plaintiff
[Additional counsel appear on signature page.]
CLASS ACTION
STIPULATION AND [PROPOSED] ORDER FOR REQUEST FOR EXTENSION OF TIME
TO FILE SECOND AMENDED CLASS ACTION COMPLAINT AND TO SET
BRIEFING SCHEDULE AND HEARING DATE ON DEFENDANT'S MOTION TO DISMISS
Judge: Richard Seeborg
Pursuant to Civil Local Rules 6-1 and 6-2 of the Northern District of California, it is hereby stipulated and agreed by plaintiff Henry Garcia and defendant Sony Computer Entertainment America LLC ("SCEA"), by and through their counsel of record, as follows:
WHEREAS, on September 19, 2011, this Court entered its Order Granting Motion to Dismiss with Leave to Amend and Granting in Part and Denying in Part Motion to Stay Discovery (collectively referenced herein as the "Order");
WHEREAS, in the Order, this Court ordered Mr. Garcia to file any amended complaint within 20 days of the date of the Order;
WHEREAS, since September 19, Mr. Garcia's counsel have been diligently working to prepare the amended complaint, including meeting with consultants;
WHEREAS, during this time one of Mr. Garcia's lead counsel, Gayle Blatt, has been in a previously scheduled trial and unable to devote the necessary time to amending the complaint;
WHEREAS, Mr. Garcia's counsel otherwise needs additional time to complete gathering information to address issues raised in the Order;
WHEREAS, pursuant to Mr. Garcia's counsel's request, counsel for the parties have met and conferred and agree to the following schedule for filing an amended complaint and briefing and hearing SCEA's pleading challenge to the amended complaint:
October 17, 2011 - Last day for Mr. Garcia to file his Second Amended Complaint.
November 14, 2011 - Last day for SCEA to file its pleading challenge to the Second Amended Complaint.
December 6, 2011 - Last day for Mr. Garcia to file his opposition to SCEA's pleading challenge.
December 19, 2011 - Last day for SCEA to file a reply brief in support of its pleading challenge.
January 12, 2011, 1:30 P.M. - Hearing regarding SCEA's pleading challenge to the Second Amended Complaint.
WHEREAS, no other dates have been set by the Court, and this is the first request for an extension to file the amended complaint.
BLOOD HURST & O'REARDON, LLP
TIMOTHY G. BLOOD (149343)
THOMAS J. O'REARDON II (247952)
PAULA M. ROACH (254142)
By: TIMOTHY G. BLOOD
CASEY GERRY SCHENK FRANCAVILLA
BLATT & PENFIELD, LLP
DAVID S. CASEY, JR. (60768)
FREDERICK SCHENK (86392)
GAYLE BLATT (122048)
DAVID LIZERBRAM & ASSOCIATES
DAVID LIZERBRAM (222007)
Attorneys for Plaintiff
DLA PIPER LLP (US)
LUANNE SACKS (120811)
CARTER W. OTT (221660)
By CARTER W. OTT
Attorneys for Defendant
ECF CERTIFICATION
The filing attorney attests that he has obtained concurrence regarding the filing of this document from the signatories to this document.
BLOOD HURST & O'REARDON, LLP
By: TIMOTHY G. BLOOD
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED:
Plaintiff's Second Amended Complaint shall be filed and Defendant's pleading challenge to that amended complaint shall be briefed and heard according to the following schedule:
October 17, 2011 - Last day for Plaintiff to file his Second Amended Complaint.
November 14, 2011 - Last day for Defendant to file its pleading challenge to Plaintiff's Second Amended Complaint.
December 6, 2011 - Last day for Plaintiff to file his opposition to Defendant's pleading challenge.
December 19, 2011 - Last day for Defendant to file a reply brief in support of its pleading challenge.
January 12, 2011, 1:30 P.M. - Hearing regarding Defendant's pleading challenge to Plaintiff's Second Amended Complaint.
IT IS SO ORDERED.
HONORABLE RICHARD SEEBORG
United States District Judge