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K. Oliver v. Microsoft Corporation and Does 1-25

July 3, 2012

K. OLIVER, PLAINTIFF,
v.
MICROSOFT CORPORATION AND DOES 1-25, INCLUSIVE,
DEFENDANTS.



The opinion of the court was delivered by: Judge: The Hon. Richard Seeborg

JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON DEFENDANT'S MOTION TO DISMISS AND STRIKE PLAINTIFF'S CLAIMS Date: August 9, 2012 Time: 1:30 p.m. Place: Courtroom 3

Pursuant to Civil Local Rule 6-2 and 7-12, Plaintiff K. Oliver and Defendant Microsoft Corporation, by and through their respective counsel of record, hereby submit this Stipulation and 3 Proposed Order seeking a continuance of the Hearing on Defendant's Motion to Dismiss and 4 Strike Plaintiff's Claims currently scheduled for August 9, 2012. 5

WHEREAS, Defendant noticed its Motion to Dismiss and Strike Plaintiff's Claims for August 9, 2012, at 1:30 p.m.; 7

WHEREAS, Plaintiff's counsel is unavailable August 9, 2012 through August 28, 2012 due to a surgical procedure; 9

WHEREAS, Defendant's counsel and Plaintiff's counsel are both available on September 27, 2012 at 1:30 p.m. and amenable to continuing the Hearing on Defendant's Motion to Dismiss 11 and Strike Plaintiff's Claims to that date; 12

WHEREAS, the continuance of the Hearing on Defendant's Motion to Dismiss and Strike Plaintiff's Claims will not affect any other dates and deadlines in this matter; 14

THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT:

The Hearing on Defendant's Motion to Dismiss and Strike Plaintiff's Claims, presently 16 scheduled for August 9, 2012, is continued to September 27, 2012, at 1:30 p.m., or as soon 17 thereafter as the Court's schedule will allow. 18

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. Dated: June 28, 2012 KATHLEEN M. LUCAS SHAWNA B. CASEBIER 20 THE LUCAS LAW FIRM 21 22 By: /s/ Kathleen M. Lucas Kathleen M. Lucas Attorneys for Plaintiff K. Oliver 23 Dated: June 28, 2012 LYNNE C. HERMLE 24 JESSICA R. PERRY BROOKE D. ARENA 25 ORRICK, HERRINGTON & SUTCLIFFE LLP 26 By: /s/ Lynne C. Hermle Lynne C. Hermle Attorneys for Defendant Microsoft Corporation

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED. 3

The Hearing on Defendant's Motion to Dismiss and Strike Plaintiff's Claims is continued 4 to September ____, 2012, at 1:30 p.m.

The Honorable Richard Seeborg United States ...


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