UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
December 16, 2011
WILLIAM FARRELL, ON HIS OWN BEHALF AND ON BEHALF OF ALL OTHER SIMILARLY SITUATED,
OPENTABLE, INC., A DELAWARE CORPORATION, D/B/A OPENTABLE.COM, DEFENDANT.
The opinion of the court was delivered by: The Honorable Susan Illston U.S. District Court Judge
STIPULATION AND [PROPOSED]ORDER SETTING DATE FOR FILING OF PLAINTIFF"S MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT
WHEREAS, on April 12, 2011, plaintiff William Farrell ("Plaintiff") filed a putative class 3 action lawsuit against defendant OpenTable, Inc. ("OpenTable");
WHEREAS, Plaintiff and OpenTable (collectively, the "Parties") reached a settlement of 5 this Class Action, the terms of which were memorialized in an agreement "(Agreement") between 6 the Parties (Dkt. 26-1 -- 26-5);
WHEREAS, this Court granted Preliminary Approval of Class Action Settlement and Class Certification on September 27, 2011 (Dkt. 29); 9
WHEREAS, the Agreement specifies that Plaintiff shall submit his papers in support of 10 final approval "according to the briefing schedule set forth in Local Rules 7-2 and 7-3[,]" namely 11 35 calendar days before the final approval hearing date; 12
WHEREAS, this Court set the hearing for final approval of the Agreement on January 20, 2012; 14
WHEREAS, Plaintiff requested that OpenTable stipulate to continue the deadline for the 15 filing of Plaintiff's papers in support of final approval to January 6, 2012 so that Plaintiff can 16 address the recently filed objection to the Agreement in the same brief as his motion for final 17 approval and in light of the upcoming winter holidays; and 18
WHEREAS, OpenTable is amenable to granting Plaintiff an extension until January 6, 2012 to file his papers in support of final approval, so long as OpenTable's deadline to file any 20 statement regarding (non-opposition to) the Agreement is also extended until January 6, 2012. 21
NOW THEREFORE, it is stipulated and agreed to between the Parties that they shall 3 jointly request the Court to continue the deadline for Plaintiff to file his papers in support of final 4 approval to January 6, 2012. The Parties further stipulate and agree to request the Court to 5 continue the deadline for OpenTable to file any statement regarding (non-opposition to) the 6 Agreement until January 6, 2012. 7
Dated: December 13, 2011 EDELSON MCGUIRE LLC 8 9 s/ William C. Gray WILLIAM C. GRAY (Pro Hac Vice) 10 Attorneys for Plaintiff 11 WILLIAM FARRELL Dated: December 13, 2011 COOLEY LLP 13 14 12 s/ Michelle C. Doolin Michelle C. Doolin (179445) 15 16 Attorneys for Defendant OPENTABLE, INC. Dated: December 13, 2011 EDELSON MCGUIRE, LLC s/ William C. Gray William C. Gray (Pro Hac Vice). Attorneys for Plaintiff William Farrell
Plaintiff shall file his Motion for Final Approval of Class Action Settlement on 1/6/12. Any statement regarding (non-opposition to) the Agreement that OpenTable may wish to file is also due on 1/6/12.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Pursuant to General Order No. 45, Section X, Subparagraph B, the undersigned attests that 3 all parties have concurred in the filing of this Stipulation and [Proposed] Order Setting Date For 4 Filing Plaintiff's Motion For Approval Of Class Action Settlement.
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