UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
July 20, 2012
TODD BURTON, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED,
TIME WARNER CABLE, INC.,
The opinion of the court was delivered by: Judge: Hon. Samuel Conti
SECOND STIPULATION EXTENDING TIME FOR DEFENDANT TIME WARNER CABLE INC. TO RESPOND TO COMPLAINT Complaint Filed: June 1, 2012 Trial Date: None
2 similarly situated ("Plaintiff"), and Defendant Time Warner Cable Inc. ("Defendant") 3
(collectively, the "Parties"), by and through their respective counsel of record, hereby stipulate to 4 extend Defendant's time to respond to the Complaint. 5
Pursuant to Local Rule 6-1(a), Plaintiff Todd Burton, on behalf of himself and all others
WHEREAS, on June 1, 2012, Plaintiff filed a putative class action Complaint against
Defendant, alleging violations of the Cable Communications Policy Act, 47 U.S.C. § 551, et seq., 7 the California Consumer Records Act, Cal. Civ. Code § 1798.80, et seq., and California Penal 8
WHEREAS, Defendant accepted service of the Complaint on June 5, 2012.
WHEREAS, on June 12, 2012, this Court entered an order granting the Parties' stipulation
11 to extend Defendant's deadline to respond to the Complaint to July 26, 2012. 12
13 improper venue, and Plaintiff has agreed to take Defendant's argument under advisement. 14
15 and in the interest of conserving the Parties' resources and judicial economy, Plaintiff has agreed 16 to a further extension of Defendant's time to respond to the Complaint of one week to August 2, 17
WHEREAS, this extension is not sought for the purpose of unnecessary delay.
WHEREAS, the extension of time sought will not alter the date of any event or deadline
20 already fixed by Court order. 21
Code § 637.5, and breach of implied contract. 9
WHEREAS, Defendant intends to file a motion to dismiss based on, among other grounds,
WHEREAS, in order to give the Parties an opportunity to resolve this issue by agreement,
NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE the time for Defendant to respond to the Complaint in this action shall be extended to August 2, 2012. 3
Dated: July 19, 2012 4 WHITE & CASE LLP 5 By: /s/ Bryan A. Merryman Bryan A. Merryman 6 Attorneys for Defendant Time Warner Cable Inc. Dated: July 19, 2012 SIPRUT PC 8 By: /s/ Todd C. Atkins Todd C. Atkins Attorneys for Plaintiff Todd Burton
IT IS SO ORDERED
Judge Samuel Conti
DECLARATION OF BRYAN A. MERRYMAN
I, Bryan A. Merryman, am an attorney of record for Defendant Time Warner Cable Inc.
Todd C. Atkins, attorney of record for Plaintiff Todd Burton, gave me
his concurrence in the 4 filing of the document titled "SECOND
STIPULATION EXTENDING TIME FOR 5
DEFENDANT TIME WARNER CABLE INC. TO RESPOND TO COMPLAINT," which 6
concurrence shall serve in lieu of his signature on that filed
document. I have obtained and will 7 maintain records to support this
concurrence for subsequent production to the Court if so ordered 8 or
for inspection upon request by a party until one year after final
resolution of the action 9
(including appeal, if any). 10
Dated: July 19, 2012 WHITE & CASE LLP 11 12 13 By: /s/ Bryan A. Merryman Bryan A. Merryman Attorneys for Defendant Time Warner Cable Inc.
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