Opinion
CASE NO. 3:11-cv-04754-EMC
10-13-2011
KATRINA KEY, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. APPLE INC.; HACHETTE BOOK GROUP; HARPERCOLLINS PUBLISHERS, INC.; MACMILLAN PUBLISHERS, INC.; PENGUIN GROUP (USA) INC.; and SIMON & SCHUSTER, INC., Defendants.
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP RAOUL D. KENNEDY Attorneys for Specially Appearing Defendant HARPERCOLLINS PUBLISHERS L.L.C. SHEARMAN & STERLING LLP JAMES DONATO Attorneys for Specially Appearing Defendant HACHETTE BOOK GROUP, INC. SIDLEY AUSTIN LLP SAMUEL R. MILLER Attorneys for Specially Appearing Defendant HOLTZBRINCK PUBLISHERS, LLC D/B/A MACMILLAN AKIN GUMP STRAUSS HAUER & FELD LLP REGINALD D. STEER Attorneys for Specially Appearing Defendant PENGUIN GROUP (USA) INC. WEIL, GOTSHAL & MANGES LLP GREGORY D. HULL Attorneys for Specially Appearing Defendant SIMON & SCHUSTER, INC. GIBSON, DUNN & CRUTCHER LLP DANIEL S. FLOYD Attorneys for Specially Appearing Defendant APPLE INC. SCOTT+SCOTT LLP WALTER W. NOSS Attorneys for Plaintiff
RAOUL D. KENNEDY (STATE BAR NO. 40892)
RICHARD S. HORVATH, JR. (STATE BAR NO. 254681)
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
PAUL M. ECKLES (STATE BAR NO. 181156)
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
Attorneys for Specially Appearing Defendant
HARPERCOLLINS PUBLISHERS L.L.C.
STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT
STIPULATION AND [PROPOSED] ORDER
TO EXTEND TIME TO RESPOND TO COMPLAINT
WHEREAS, there have been multiple actions related to this case filed in both the Northern District of California and the Southern District of New York (the "Actions");
WHEREAS, the Court has entered an order in one of the related actions, Petru, et al. v. Apple, Inc., et al. (11-cv-3892 N.D. Cal.) (the "Petru Action"), to extend the time to answer, move or otherwise respond to the complaint until December 15, 2011, without prejudice to the right of any party to seek a further adjustment to the schedule;
WHEREAS, on October 5th, 2011, the Court entered an order relating the above captioned action to the Petru Action and transferring this action to the Honorable Edward M. Chen;
WHEREAS, the parties have agreed that the response date in this action should not come prior to the response date in the Petru Action;
WHEREAS, Plaintiff agrees that submission of this Stipulation should be without prejudice to any defense of Hachette Book Group, Inc., HarperCollins Publishers L.L.C. (incorrectly sued as "HarperCollins Publishers, Inc."), Holtzbrinck Publishers, LLC d/b/a Macmillan (incorrectly sued as "Macmillan Publishers, Inc."), Penguin Group (USA) Inc., Simon & Schuster, Inc., and Apple, Inc. (collectively, "Defendants");
WHEREAS, there have been no other modifications to Defendants' time to answer, move or otherwise respond to the complaint in this action;
WHEREAS, this stipulation to extend the time within which Defendants have to answer, move or otherwise respond to the complaint in this action will not alter the date ofany event or any deadline already fixed by Court order;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff and Defendants, as follows:
1. Pursuant to Civil Local Rules 6-1, 6-2, and 7-12 Defendants' time to answer, move or otherwise respond to the complaint is hereby extended to December 15, 2011, without prejudice to the right of any party to seek a further adjustment to the response date based on future developments;
2. If any of the Defendants that is a party to this Stipulation responds to a complaint in any of the Actions prior to the time provided in this Stipulation, Defendants will respond to the complaint in this action at the same time;
3. No defense of Defendants is prejudiced or waived by its submission of this Stipulation; and
4. Defense counsel may file notices of appearance in this action without prejudice to their respective clients' jurisdictional or venue defenses.
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
RAOUL D. KENNEDY
Attorneys for Specially Appearing Defendant
HARPERCOLLINS PUBLISHERS L.L.C.
I, Raoul D. Kennedy, am the ECF User whose ID andpasswordarebeingusedtofilethis Stipulation and [Proposed] Order to Extend Time To Respond To Complaint. In compliance with General Order 45, X.B., I attest that each of the following signatories has concurred in this filing.
SHEARMAN & STERLING LLP
JAMES DONATO
Attorneys for Specially Appearing Defendant
HACHETTE BOOK GROUP, INC.
SIDLEY AUSTIN LLP
SAMUEL R. MILLER
Attorneys for Specially Appearing Defendant
HOLTZBRINCK PUBLISHERS, LLC
D/B/A MACMILLAN
AKIN GUMP STRAUSS HAUER & FELD LLP
REGINALD D. STEER
Attorneys for Specially Appearing Defendant
PENGUIN GROUP (USA) INC.
WEIL, GOTSHAL & MANGES LLP
GREGORY D. HULL
Attorneys for Specially Appearing Defendant
SIMON & SCHUSTER, INC.
GIBSON, DUNN & CRUTCHER LLP
DANIEL S. FLOYD
Attorneys for Specially Appearing Defendant
APPLE INC.
SCOTT+SCOTT LLP
WALTER W. NOSS
Attorneys for Plaintiff
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Judge Edward M. Chen