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McCasland v. Formfactor

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


April 18, 2008

DANNY MCCASLAND, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
FORMFACTOR, INC., ET AL., DEFENDANT.

The opinion of the court was delivered by: Honorable Susan Illston United States District Judge

STIPULATION AND JOINT REQUEST [PROPOSED] ORDER REGARDING CASE SCHEDULE AND PAGE LIMITS

WHEREAS, plaintiffs filed a 106 page Consolidated Amended Complaint on April 3, 2008 and defendants intend to raise and brief numerous arguments that they believe are well-28 founded in a motion to dismiss the Consolidated Amended Complaint; defendants' motion to dismiss the Consolidated Amended Complaint is currently due on April 28, 2008, and plaintiffs' opposition is currently due fourteen (14) days after service of the motion to dismiss, which is less time than would be allowed under the local rules; and applicable page limits is necessary to enable the parties to prepare briefs that will assist the

WHEREAS, pursuant to the order entered by the Court on February 22, 2008, the

WHEREAS, the hearing on defendants' motion to dismiss is scheduled for July 18, 2008;

WHEREAS, the parties believe that a modest expansion of the current briefing schedule Court in reaching a just and efficient resolution of the issues that will be raised on the motion to dismiss; and

WHEREAS, given the July 18, 2008 hearing date, the parties' revised schedule provides the Court with just over three weeks to consider the issues after all briefing is complete, and the requested relief would greatly assist the parties in presenting the matter effectively to the Court;

Accordingly, the parties STIPULATE, AND JOINTLY REQUEST THE COURT TO APPROVE, a revised briefing schedule as follows:

to dismiss; and

1. Defendants shall file their motion to dismiss on or before May 5, 2008; and

2. Plaintiffs shall file their opposition on or before June 4, 2008; and

3. Defendants shall file their reply to the opposition on or before June 24, 2008; and

4. Defendants shall have five (5) additional pages on the initial briefing of the motion

5. Plaintiffs shall have five (5) additional pages on the opposition; and

6. Defendants shall have two (2) additional pages on the reply.

Dated: April 16, 2008

ORRICK, HERRINGTON & SUTCLIFFE LLP

ROBERT P. VARIAN Attorneys for Defendant

ROBERT P. VARIAN (107459) MICHAEL D. TORPEY (79424) DANIELLE P. VAN WERT (218245) ERIN H. REDING (252691) ORRICK, HERRINGTON & SUTCLIFFE LLP

The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Telephone: 415-773-5700 Facsimile: 415-773-5759

Dated: April 16, 2008

COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP

JEFFREY W. LAWRENCE Attorneys for Plaintiff

JEFFREY W. LAWRENCE (166806) SHIRLEY H. HUANG (206854) COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: 415-288-4545 Facsimile: 415-288-4534

I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this efiled document.

ORRICK HERRINGTON & SUTCLIFFE LLP

ROBERT P. VARIAN Attorneys for Defendant

Based on the Stipulation and Joint Request of the parties, and good cause appearing therefore, IT IS SO ORDERED.

20080418

© 1992-2008 VersusLaw Inc.



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