Opinion
No. C 3:13-CV-00141 TEH
05-02-2013
MAHMOUD KEDKAD Plaintiff(s), v. MICROSOFT CORPORATION, INC., et. al. Defendant(s).
MICHAEL E. ADAMS (SBN: 47278) LAW OFFICES OF MICHAEL E. ADAMS Attorney for Plaintiff MAHMUD KEDKAD LYNNE C. HERMLE (SBN 99779) JOSEPH C. LIBURT (SBN 155507) ORRICK, HERRINGTON & SUTCLIFFE, LLP DEVIN SLACK (Pro Hac Vice) ORRICK, HERRINGTON & SUTCLIFFE LLP Attorneys for Defendant Microsoft Corporation
MICHAEL E. ADAMS (SBN: 47278)
LAW OFFICES OF MICHAEL E. ADAMS
Attorney for Plaintiff
MAHMUD KEDKAD
LYNNE C. HERMLE (SBN 99779)
JOSEPH C. LIBURT (SBN 155507)
ORRICK, HERRINGTON & SUTCLIFFE, LLP
DEVIN SLACK (Pro Hac Vice)
ORRICK, HERRINGTON & SUTCLIFFE LLP
Attorneys for Defendant Microsoft Corporation
STIPULATION TO ALLOW LATE
FILING OF OPPOSITION TO MOTION
TO DISMISS COMPLAINT;
DECLARATION; [PROPOSED] ORDER
The parties hereto, by and through their undersigned counsel, stipulate, subject to approval of the court, to relieve Plaintiff from his failure to file timely opposition to Defendant's previously filed Motion to Dismiss the Complaint ("Motion"), and to allow Plaintiff to file opposition to the Motion by no later than June 5, 2013, with any reply by Defendant then to be filed by June 12, 2013, and the hearing to be re-noticed for July 8, 2013 at 10:00 a.m. Michael E. Adams
Attorney for Plaintiff
MAHMOUD KEDKAD
Devin Slack
Attorney for Defendant
MICROSOFT CORPORATION
DECLARATION
I, MICHAEL E. ADAMS, hereby declare:
1. I am the attorney of record herein for Plaintiff Mahmoud Kedkad.
2. Early this month, shortly after Defendant Microsoft Corporation filed its Motion to Dismiss the Complaint ("Motion"), I discussed the motion with Defendant's counsel, Devin Slack, including my wish to conduct some limited discovery relating to the motion.
3. During this month, the instant matter was successively reassigned first to Hon. Phyllis J. Hamilton and then to Hon. Thelton Henderson. Court notices of said reassignments stated, inter alia, that all pending motions were be taken off calendar for re-noticing. Preoccupied with other litigation matters, I did not carefully read the notices and I incorrectly assumed that new dates for briefing the Motion would be based on the date on which it was re-noticed. I learned to my surprise of my error during a further discussion with Mr. Slack concerning the Motion early last week.
I declare under penalty of perjury that the foregoing is true and correct. Signed this 1st day of May, 2013 in Redwood City, CA.
______________________
MICHAEL E. ADAMS
[PROPOSED] ORDER
The parties so stipulating and good cause appearing, IT IS HEREBY ORDERED that Defendant Microsoft Corporation shall re-notice its Motion to Dismiss the Complaint for July 8, 2013 at 10:00 a.m., that Plaintiff is granted leave to file opposition thereto by June 5, 2013, and that Defendant may file any reply thereto by June 12, 2013.
______________________
HON. THELTON E. HENDERSON
U.S. DISTRICT JUDGE