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In re Facebook PPC Advertising

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


June 30, 2010

IN RE FACEBOOK PPC ADVERTISING

The opinion of the court was delivered by: The Honorable Jeremy Fogel United States District Court Judge

STIPULATION AND [PROPOSED] ORDER RE: AMENDED BRIEFING LITIGATION SCHEDULE ON DEFENDANT'S MOTION TO DISMISS PLAINTIFFS' AMENDED COMPLAINT This Document Relates To: Hearing Date: August 6, 2010 All Actions. Hearing Time: 9:00 a.m. Courtroom: 3, 5th Floor Judge: Honorable Jeremy Fogel

WHEREAS, Defendant's Motion to Dismiss the Amended Complaint in this action presently is set for hearing before this Court on Friday, August 6, 2010 at 9:00 a.m.;

WHEREAS, this Court previously entered an Order pursuant to the parties' stipulation (Doc. No. 77) establishing a briefing schedule on Defendant's Motion to Dismiss the Amended Complaint;

WHEREAS, due to a recent death in the family of Jonathan Shub, Esq., Interim Co-Lead Class Counsel in this action, Plaintiffs' counsel have requested and Defendant's counsel have agreed to modify the briefing schedule on Defendant's Motion to Dismiss the Amended Complaint so as to permit Plaintiffs' counsel an additional week, until July 16, 2010, in which to prepare and file their opposition to Defendant's Motion to Dismiss the Amended Complaint;

WHEREAS, correspondingly and necessarily, Plaintiffs' counsel have agreed to modify the briefing schedule on Defendant's Motion to Dismiss the Amended Complaint so as to permit Defendant's counsel an additional week, until July 30, 2010, in which to prepare and file their reply brief in further support of Defendant's Motion to Dismiss the Amended Complaint;

WHEREAS, Interim Liaison Class Counsel has contacted the Court's clerk and confirmed that the Court is agreeable to entering an order modifying the briefing schedule as set forth above without continuing the hearing date on Defendant's Motion to Dismiss the Amended Complaint so that the hearing date on Defendant's Motion to Dismiss the Amended Complaint shall remain set for August 6, 2010 at 9:00 a.m.; and

WHEREAS, the Court has set a continued Case Management Conference for August 6, 2010 at 9:00 a.m. which also shall remain set for that date and time,

1. Plaintiffs shall be permitted until July 16, 2010 to file their opposition to Defendant's Motion to Dismiss the Amended Complaint;

BASED THEREON, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:

2. Defendant shall be permitted until July 30, 2010 to file its reply brief in further support of Defendant's Motion to Dismiss the Amended Complaint; and

3. Both the hearing on Defendant's Motion to Dismiss the Amended Complaint and the continued Case Management Conference in this action shall remain set for Friday, August 6, 2010 at 9:00 a.m.

IT IS SO STIPULATED.

Dated: June 29, 2010

COOLEY LLP Whitty Somvichian (SBN 194463) 101 California Street, 5th Floor San Francisco, CA 94111-5800 Telephone: (415) 693-2000 Facsimile: (415) 693-2222 Counsel for Defendant Facebook, Inc.

FILER'S ATTESTATION

Pursuant to General Order No. 45, § X(B) regarding signatures, I attest under penalty of perjury that the concurrence in the filing of this document has been obtained from its signatories.

ORDER

The Court, having reviewed and considered the parties' Stipulation to amend the briefing schedule on Defendant's Motion to Dismiss the Amended Complaint and finding good cause for the relief requested thereby, hereby orders as follows:

1. Plaintiffs shall be permitted until July 16, 2010 to file their opposition to Defendant's Motion to Dismiss the Amended Complaint;

2. Defendant shall be permitted until July 30, 2010 to file its reply brief in further support of Defendant's Motion to Dismiss the Amended Complaint; and

3. Both the hearing on Defendant's Motion to Dismiss the Amended Complaint and the continued Case Management Conference in this action shall remain set for Friday, August 6, 2010 at 9:00 a.m.

IT IS SO ORDERED.

20100630

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