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Miller v. Hachette Book Grp. Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Nov 2, 2011
CASE NO. 3:11-cv-05019-SC (N.D. Cal. Nov. 2, 2011)

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


Summaries of

Miller v. Hachette Book Grp. Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Nov 2, 2011
CASE NO. 3:11-cv-05019-SC (N.D. Cal. Nov. 2, 2011)
Case details for

Miller v. Hachette Book Grp. Inc.

Case Details

Full title:CHAD MILLER and GRACE HOKE, Individually and on Behalf of All Others…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Date published: Nov 2, 2011

Citations

CASE NO. 3:11-cv-05019-SC (N.D. Cal. Nov. 2, 2011)