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Angel Fraley, et al v. Facebook

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


July 21, 2011

ANGEL FRALEY, ET AL.,
PLAINTIFFS,
v.
FACEBOOK, INC, A CORPORATION; AND DOES 1-100,
DEFENDANTS.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

ORDER GRANTING MOTION TO EXTEND TIME TO FILE OPPOSITION TO MOTION TO DISMISS

Plaintiffs have moved for an extension of time to file an opposition to Defendant's pending motion to dismiss. Plaintiffs state that they failed to timely file an opposition brief because Plaintiffs' counsel inadvertently failed to note the recent change in Local Rule 7-3, which governs 20 the time for filing opposition briefs. Plaintiffs represent that although Defendant declined to 21 stipulate to an extension, Defendant does not oppose Plaintiffs' motion to extend time. 22

The Court finds that an extension of time is warranted. As the motion to dismiss is set for 23 hearing on October 6, 2011, a brief extension of the briefing schedule will not affect the hearing 24 date or case schedule, and will cause no prejudice to Defendant. In contrast, if the extension is not 25 granted, Plaintiffs will have forfeited an opportunity to defend their claims and the claims of a 26 proposed class. 27 28

Accordingly, the Court GRANTS Plaintiffs' motion for an extension of time. Plaintiffs' opposition brief will be due, as requested, on July 29, 2011. Defendant's reply will be due one 3 week later, pursuant to Civil Local Rule 7-3(c), on August 5, 2011.

IT IS SO ORDERED.

20110721

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