Opinion
CASE NO. 5:11-CV-04585-EJD
11-10-2011
RICHARD NOLL, Individually and on behalf of all others similarly situated, Plaintiff, v. EBAY INC., EBAY EUROPE S.A.R.L., and EBAY INTERNATIONAL AG Defendants.
KEITH R. VERGES (kverges@figdav.com) PARKER D. YOUNG ( parker.young@figdav.com) RAYMOND E. WALKER ( ray.walker@figdav.com FIGARI & DAVENPORT, L.L.P. ( Admitted Pro Hac Vice ) SHAWN T. LEUTHOLD LAW OFFICE OF SHAWN T. LEUTHOLD VERA BROOKS THOMPSON & BROOKS ( Admitted Pro Hac Vice ) ATTORNEYS FOR PLAINTIFF RICHARD NOLL
KEITH R. VERGES (kverges@figdav.com)
PARKER D. YOUNG (parker.young@figdav.com)
RAYMOND E. WALKER (ray.walker@figdav.com
FIGARI & DAVENPORT, L.L.P.
(Admitted Pro Hac Vice)
SHAWN T. LEUTHOLD
LAW OFFICE OF SHAWN T. LEUTHOLD
VERA BROOKS
THOMPSON & BROOKS
(Admitted Pro Hac Vice)
ATTORNEYS FOR PLAINTIFF RICHARD NOLL
STIPULATION TO EXTEND TIME FOR RESPONSE AND REPLY REGARDING EBAY, INC.'S MOTION TO DISMISS AND REQUEST FOR JUDICIAL NOTICE
Edward J. Davila
Jury Trial Demanded
This Stipulation is entered into pursuant to Local Rule 6-2, by and between Plaintiff Richard Noll ("Plaintiff") and Defendant eBay Inc. ("eBay") (collectively, the "Parties"), by and through the respective undersigned counsel.
WHEREAS, on October 31, 2011, eBay filed its Motion to Dismiss (Doc. 24), Request for Judicial Notice in Support of eBay's Motion to Dismiss Plaintiff's Complaint or, in the alternative, Strike Portions Thereof (Doc. 25), and supporting Declarations (Docs. 26, 27) (collectively, the "Motion and Supporting Materials");
WHEREAS, Local Rule 7-3 requires a response to the foregoing materials in fourteen (14) days and a reply seven (7) days thereafter;
WHEREAS, eBay's Motion and Supporting Materials are set for hearing on March 2, 2012;
WHEREAS, under Local Rule 7-2, motions may be filed thirty-five (35) days in advance of a hearing, which in this case would be on or before January 27, 2012;
WHEREAS, the Parties are in agreement to complete the response and reply briefing in advance of what would have been the minimum time for filing of the Motion and Supporting Materials;
NOW, THEREFORE, the Parties stipulate that Plaintiff's response to the Motion and Supporting Materials shall be due on December 9, 2011; and eBay's Reply in Support of its Motion and Supporting Materials shall be due on January 16, 2012.
IT IS SO STIPULATED.
FIGARI & DAVENPORT, LLP
KEITH R. VERGES
Attorneys for Plaintiff RICHARD NOLL
COOLEY LLP
JAMES M. PENNING (229727)
Attorneys for Defendant EBAY INC.
Additional attorneys:
FIGARI & DAVENPORT, L.L.P.
Parker D. Young ( parker.young@figdav.com )
Raymond E. Walker ( ray.walker@figdav.com
(Admitted Pro Hac Vice)
LAW OFFICE OF SHAWN T. LEUTHOLD
Shawn T. Leuthold (leuthold@aol.com)
THOMPSON & BROOKS
Vera Brooks (vbrooks@thompsonbrookslaw.com)
(Admitted Pro Hac Vice)
ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Keith R. Verges, attest that concurrence in the filing of this Stipulation has been obtained from each of the other signatories.
KEITH R. VERGES
Attorneys for Plaintiff RICHARD NOLL