Opinion
CASE NO. 3:11-cv-05019-SC
11-02-2011
CHAD MILLER and GRACE HOKE, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. HACHETTE BOOK GROUP, INC.; HARPERCOLLINS PUBLISHERS, INC.; MACMILLAN PUBLISHERS, INC.; PENGUIN GROUP (USA) INC.; SIMON & SCHUSTER, INC., and APPLE INC. Defendants.
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP Attorneys for Specially Appearing Defendant HARPERCOLLINS PUBLISHERS L.L.C. SHEARMAN & STERLING LLP Attorneys for Specially Appearing Defendant HACHETTE BOOK GROUP, INC. SIDLEY AUSTIN LLP By: SAMUEL R. MILLER Attorneys for Specially Appearing Defendant HOLTZBRINCK PUBLISHERS, LLC D/B/A MACMILLAN AKIN GUMP STRAUSS HAUER & FELD LLP By: REGINALD D. STEER Attorneys for Specially Appearing Defendant PENGUIN GROUP (USA) INC. WEIL, GOTSHAL & MANGES LLP By: GREGORY D. HULL By: DANIEL S. FLOYD Attorneys for Specially Appearing Defendant APPLE INC. FAZIO & MICHELETTI LLP By: DINA E. MICHELETTI Attorneys for Plaintiffs
RAOUL D. KENNEDY (STATE BAR NO. 40892)
Raoul. Kennedy@skadden. com
RICHARD S. HORVATH, JR. (STATE BAR NO. 254681)
Richard.Horvath@skadden.com
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
525 University Avenue, Suite 1100
Palo Alto, California 94301
Telephone: (650) 470-4500
Facsimile: (650) 470-4570
PAUL M. ECKLES (STATE BAR NO. 181156)
Paul.Eckles@skadden.com
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
4 Times Square
New York, New York 10036
Telephone: (212) 735-3000
Facsimile: (212) 735-2000
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, for efficiency and convenience of the parties, defendants 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") have agreed to waive the service of summons and complaint pursuant to Fed. R. Civ. P. 4(d);
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, Plaintiffs agree that submission of this stipulation should be without prejudice to any defense of 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 of any event or any deadline already fixed by Court order;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs and Defendants, as follows:
1. Defendants hereby agree to accept service of the summons and complaint in the above-captioned action;
2. 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;
3. 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;
4. No defense of Defendants is prejudiced or waived by their submission of this stipulation; and
5. 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
By: RAOUL D. KENNEDY
Attorneys for Specially Appearing Defendant
HARPERCOLLINS PUBLISHERS L.L.C.
I, Raoul D. Kennedy, am the ECF User whose ID and password are being used to file this 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
By: JAMES DONATO
Attorneys for Specially Appearing Defendant
HACHETTE BOOK GROUP, INC.
SIDLEY AUSTIN LLP
By: SAMUEL R. MILLER
Attorneys for Specially Appearing Defendant
HOLTZBRINCK PUBLISHERS, LLC
D/B/A MACMILLAN
AKIN GUMP STRAUSS HAUER & FELD LLP
By: REGINALD D. STEER
Attorneys for Specially Appearing Defendant
PENGUIN GROUP (USA) INC.
WEIL, GOTSHAL & MANGES LLP
By: GREGORY D. HULL
Attorneys for Specially Appearing Defendant
SIMON & SCHUSTER, INC.
GIBSON, DUNN & CRUTCHER LLP
By: DANIEL S. FLOYD
Attorneys for Specially Appearing Defendant
APPLE INC.
FAZIO & MICHELETTI LLP
By: DINA E. MICHELETTI
Attorneys for Plaintiffs
PURSUANT TO STIPULATION, IT IS SO ORDERED.
By: Samuel Conti
U.S. DISTRICT JUDGE