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Rossman v. Apple Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Nov 1, 2011
CASE NO. 3:11-CV-04192-MEJ (N.D. Cal. Nov. 1, 2011)

Opinion

CASE NO. 3:11-CV-04192-MEJ

11-01-2011

REBECCA L. ROSSMAN, MIRIAM CUMMINGS, CAROLE C. KEHL, and KAMAL SONTI, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. APPLE INC.; HACHETTE BOOK GROUP, INC.; HARPERCOLLINS PUBLISHERS, INC.; MACMILLAN PUBLISHERS, INC.; PENGUIN GROUP (USA) INC.; and SIMON & SCHUSTER, INC., Defendants.

By: RAOUL D. KENNEDY Attorneys for Specially Appearing Defendant HARPERCOLLINS PUBLISHERS LLC. 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. HAGENS BERMAN SOBOL SHAPIRO LLP By: JEFF D. FRIEDMAN Attorneys for Plaintiffs REBECCA L. ROSSMAN, MIRIAM CUMMINGS, CAROLE C. KEHL, and KAMAL SONTI


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 LLC.

STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLA1NT

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 the first-filed action, 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 of Plaintiffs' claims or Defendants' defenses;

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 Rule 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. None of Plaintiffs' claims or Defendants' defenses are prejudiced or waived by the 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 LLC.

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.

HAGENS BERMAN SOBOL SHAPIRO LLP

By: JEFF D. FRIEDMAN

Attorneys for Plaintiffs

REBECCA L. ROSSMAN, MIRIAM CUMMINGS,

CAROLE C. KEHL, and KAMAL SONTI
PURSUANT TO STIPULATION, IT IS SO ORDERED.

By: Hon. Maria-Elena James

CHIEF MAGISTRATE JUDGE


Summaries of

Rossman v. Apple Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Nov 1, 2011
CASE NO. 3:11-CV-04192-MEJ (N.D. Cal. Nov. 1, 2011)
Case details for

Rossman v. Apple Inc.

Case Details

Full title:REBECCA L. ROSSMAN, MIRIAM CUMMINGS, CAROLE C. KEHL, and KAMAL SONTI…

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

Date published: Nov 1, 2011

Citations

CASE NO. 3:11-CV-04192-MEJ (N.D. Cal. Nov. 1, 2011)