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Donald Cullen, On Behalf of Himself and All Others Similarly v. Netflix

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


July 27, 2011

DONALD CULLEN, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
NETFLIX, INC.,
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Edward J. Davila

IT IS SO ORDERED AS MODIFIED

7/27/2011

Action Filed: March 11, 2011 [PROPOSED] ORDER GRANTING STIPULATION REGARDING DEFENDANT'S MOTION TO DISMISS AND PLAINTIFF'S SECOND AMENDED COMPLAINT

Having considered the July 25, 2011 stipulation between Plaintiff Donald Cullen and Defendant Netflix, Inc., the Court HEREBY ORDERS:

1. Plaintiff shall have until September 5, 2011, to respond to Defendant's Motion to Dismiss either by filing an Opposition or by filing a Second Amended Complaint; 26 2. If Plaintiff files a Second Amended Complaint, Defendant shall have 30 days to 25 27 file a responsive motion or pleading (by and including October 5, 2011). If Defendant files a 28 Motion to Dismiss (a Second Amended Complaint), Plaintiff shall have another 30 days to 2 oppose (by and including November 4, 2011), and Defendant shall have 14 days to reply (by and 3 including November 18, 2011), with a hearing on the matter to be held 14 days thereafter 4 set (December 2, 2011) or as soon as the Court's schedule permits. for hearing on December 2, 2011 at 9:00 a.m.

3. If Plaintiff files an Opposition to Defendant's current Motion to Dismiss (the First Amended Complaint) (Dkt. 22), Netflix shall have two weeks to reply (by and including 2011) or as soon as the Court's schedu hearing on October 7, 2011 at 9:00 a.m le permits.

4. Plaintiff and Defendant agree to take the currently scheduled August 19, 2011, September 19, 2011), with a hearing on the matter to be held 14 days thereafter set (October for 3, hearing off calendar, to be rescheduled according to Plaintiff's September 5, 2011 filing.

The Honorable Edward J. Davila United States District Court Judge

20110727

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