UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
October 6, 2011
HENRY GARCIA, ON BEHALF OF HIMSELF, ALL OTHERS SIMILARLY SITUATED AND THE GENERAL PUBLIC,
SONY COMPUTER ENTERTAINMENT AMERICA, LLC,
The opinion of the court was delivered by: Honorable Richard Seeborg United States District Judge
BLOOD HURST & O'REARDON, LLP TIMOTHY G. BLOOD (149343) 2 THOMAS J. O'REARDON II (247952) PAULA M. ROACH (254142) 3 600 B Street, Suite 1550 San Diego, CA 92101 4 Telephone: 619/338-1100 619/338-1101 (fax) 5 firstname.lastname@example.org email@example.com 6 firstname.lastname@example.org 7 CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD, LLP 8 DAVID S. CASEY, JR. (60768) FREDERICK SCHENK (86392) 9 GAYLE BLATT (122048) 110 Laurel Street 10 San Diego, CA 92101 Telephone: 619/238-1811 LLP 11 619/544-9232 (fax) email@example.com, firstname.lastname@example.org email@example.com 13 O'R Attorneys for Plaintiff 14 &
[Additional counsel appear on signature page.]
CLASS ACTION STIPULATION AND [PROPOSED] ORDER FOR REQUEST FOR EXTENSION OF TIME TO FILE SECOND AMENDED CLASS ACTION COMPLAINT AND TO SET BRIEFING SCHEDULE AND HEARING DATE ON DEFENDANT'S MOTION TO DISMISS
Judge: Richard Seeborg Courtroom: 3, 17th Floor Date Filed: May 6, 2011 Trial Date: TBD
hereby stipulated and agreed by plaintiff Henry Garcia and defendant Sony Computer 3
WHEREAS, on September 19, 2011, this Court entered its Order Granting Motion to Dismiss with Leave to Amend and Granting in Part and Denying in Part Motion to Stay 6
WHEREAS, in the Order, this Court ordered Mr. Garcia to file any amended complaint 8 within 20 days of the date of the Order; 9 10 prepare the amended complaint, including meeting with consultants;
WHEREAS, during this time one of Mr. Garcia's lead counsel, Gayle Blatt, has been in a previously scheduled trial and unable to devote the necessary time to amending the 13 complaint; gathering information to address issues raised in the Order; H 16 met and conferred and agree to the following schedule for filing an amended complaint and briefing and hearing SCEA's pleading challenge to the amended complaint: 19 November 14, 2011 -- Last day for SCEA to file its pleading challenge to the Second Amended Complaint.
Second Amended Complaint. 28
Pursuant to Civil Local Rules 6-1 and 6-2 of the Northern District of California, it is Entertainment America LLC ("SCEA"), by and through their counsel of record, as follows: 4
Discovery (collectively referenced herein as the "Order"); 7
WHEREAS, since September 19, Mr. Garcia's counsel have been diligently working to
WHEREAS, Mr. Garcia's counsel otherwise needs additional time to complete
WHEREAS, pursuant to Mr. Garcia's counsel's request, counsel for the parties have October 17, 2011 -- Last day for Mr. Garcia to file his Second Amended Complaint.
December 6, 2011 -- Last day for Mr. Garcia to file his opposition to SCEA's pleading
December 19, 2011 -- Last day for SCEA to file a reply brief in support of its pleading
January 12, 2011, 1:30 P.M. -- Hearing regarding SCEA's pleading challenge to the
WHEREAS, no other dates have been set by the Court, and this is the first request for an extension to file the amended complaint. 3 4
The filing attorney attests that he has obtained concurrence regarding the filing of this document from the signatories to this document. 13
DATED: October 5, 2011 BLOOD HURST & O'REARDON, LLP O'R 14 & By: s/ Timothy G. Blood TIMOTHY G. BLOOD
PURSUANT TO STIPULATION, IT IS SO ORDERED: 3
Plaintiff's Second Amended Complaint shall be filed and Defendant's pleading 4 challenge to that amended complaint shall be briefed and heard according to the following 5 schedule: 6
October 17, 2011 -- Last day for Plaintiff to file his Second Amended Complaint.
November 14, 2011 -- Last day for Defendant to file its pleading challenge to Plaintiff's Second Amended Complaint. 9
December 6, 2011 -- Last day for Plaintiff to file his opposition to Defendant's pleading 10 challenge.
December 19, 2011 -- Last day for Defendant to file a reply brief in support of its pleading challenge. 13
January 12, 2011, 1:30 P.M. -- Hearing regarding Defendant's pleading challenge to Plaintiff's Second Amended Complaint.
IT IS SO ORDERED.
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