UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN JOSE DIVISION)
January 5, 2011
MICHAEL A. KENT, DANIEL JOHANNING, AND JAKUB CMIRAL, INDIVIDUALLY AND ON BEHALF OF ALL THOSE SIMILARLY SITUATED, PLAINTIFFS,
HEWLETT-PACKARD COMPANY, A CLASS ACTION COMPLAINT AND DELAWARE CORPORATION, DEFENDANT.
The opinion of the court was delivered by: The Honorable Jeremy Fogel United States District Court Judge
STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON
DEFENDANT'S MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED
MOTION TO STRIKE CLASS ACTION ALLEGATIONS
WHEREAS, on July 6, 2010, the Court granted in part, and denied in part, Defendant Hewlett-Packard Company's ("HP") Motion To Dismiss Plaintiffs' First Amended Class Action Complaint with leave to re-plead;
WHEREAS, on September 24, 2010, Plaintiffs filed their Second Amended Class Action Complaint for Damages, Restitution and Injunctive Relief;
WHEREAS, on November 19, 2010, HP filed its Motion to Dismiss Plaintiffs' Second Amended Class Action Complaint and a separate Motion to Strike Class Allegations From Plaintiffs' Second Amended Complaint, with the motion hearings scheduled before Judge Fogel on January 21, 2010, at 9:00 a.m.;
WHEREAS, on December 14, 2010, HP filed its memorandum of law in opposition to Plaintiffs' Motion to Compel Discovery from HP;
WHEREAS, the Court has ordered a Settlement Conference before Magistrate Judge Howard R. Lloyd on January 26, 2011;
IT IS HEREBY STIPULATED by and between the parties, through their respective counsel, that:
1. The hearing of Defendant's Motion to Dismiss Plaintiffs' Second Amended Class Action Complaint and Motion to Strike Class Allegations From Plaintiffs' Second Amended Complaint shall be continued until March 4, 2011;
2. Plaintiffs will not seek additional discovery from Defendant HP, other than the discovery sought in Plaintiffs' Motion To Compel filed November 30, 2010, or which otherwise may be necessary to confirm the terms of any settlement agreement which may be reached, prior to a ruling on Defendant's Motion to Dismiss Plaintiffs' Second Amended Class Action Complaint, Defendants' Motion to Strike Class Allegations From Plaintiffs' Second Amended Complaint, and Plaintiffs' Motion To Compel Discovery from Defendant HP.
3. Plaintiffs shall file any opposition briefs to HP's Motion to Dismiss and HP's Motion to Strike on or before February 4, 2011. HP shall file any reply briefs in support of its respective motions on or before February 18, 2011.
December 17, 2010 By: /s/ Samuel G. Liversidge Samuel G. Liversidge GIBSON, DUNN & CRUTCHER LLP Attorneys for Defendant, Hewlett-Packard Co.
Dated: December 17, 2010 By: /s/ Michael F. Ram Michael F. Ram RAM & OLSON LLP Attorneys for Plaintiffs
IT IS SO ORDERED.
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