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David Piening and Evelyn Gonzalez, Individually and On Behalf of Others Similarly Situated v. Expedia

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


September 26, 2012

DAVID PIENING AND EVELYN GONZALEZ, INDIVIDUALLY AND ON BEHALF OF OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
EXPEDIA, INC., HOTELS.COM LP;
TRAVELOCITY.COM LP, SABRE HOLDINGS CORPORATION, PRICELINE.COM INCORPORATED, BOOKING.COM B.V., BOOKING.COM (USA), INC., ORBITZ WORLDWIDE, INC., HILTON WORLDWIDE INC., STARWOOD HOTELS & RESORTS WORLDWIDE, INC., MARRIOTT INTERNATIONAL, INC., TRUMP INTERNATIONAL HOTELS MANAGEMENT, LLC, KIMPTON HOTEL & RESTAURANT GROUP, LLC, INTERCONTINENTAL HOTELS GROUP RESOURCES, INC., AND JOHN DOES 1-100 DEFENDANTS.

Emily Johnson Henn (State Bar No. 269482) COVINGTON & BURLING LLP 2 333 Twin Dolphin Dr., Suite 700 Redwood Shores, CA 94065 3 Telephone: (650) 632-4700 Facsimile: (650) 632-4800 4 ehenn@cov.com 5 Attorneys for Defendants Expedia, Inc. and Hotels.com LP 6 [Additional counsel listed on signature page] 7 8

CLASS ACTION STIPULATION STIPULATION EXTENDING TIME TO APPEAR, ANSWER, MOVE OR OTHERWISE RESPOND AND FOR STAY OF PROCEEDINGS

WHEREAS, Plaintiff filed the Complaint in this litigation on September 13, 2012; 4 before the Judicial Panel on Multi-District Litigation ("JPML") to coordinate and/or consolidate 5 all of the actions in one court; 6 7 Corporation, Orbitz Worldwide, Inc., Hilton Worldwide, Inc., Starwood Hotels & Resorts 9 InterContinental Hotels Group Resources, Inc., and Kimpton Hotel & Restaurant Group, LLC 11 (collectively "Defendants") expect that all of the actions will be coordinated and/or consolidated 12 before one court; 13 14 resources and efficiently manage the litigation so as not to cause prejudice; 15 Plaintiffs will file their opposition to any motion to dismiss, if filed, within 60 days thereafter. 19

In the event that the Motion for Consolidation and Transfer under 28 U.S.C. § 1407 is denied, 20 the parties will confer within seven (7) days of the JPML's order regarding the due date for 21 responsive pleadings in this action. No discovery shall be served in the above-styled matter 22 while this stipulation is in effect. 23 2. Defendants agree that they will seek this same stipulation in any related action 24 and, if they are unable to reach agreement, will file a motion to stay any related action before 25 filing a responsive pleading in those related actions. 26 27 pleading in any other related action prior to the JPML's decision, Defendants agree that this 28

WHEREAS, all of the Defendants have agreed to waive service of the complaint;

WHEREAS, a number of duplicative complaints have been filed nationwide;

WHEREAS, a Motion for Consolidation and Transfer under 28 U.S.C. § 1407 was filed

WHEREAS, Plaintiff and Defendants Hotels.com LP, Travelocity.com LP, Expedia, Inc., Priceline.com Incorporated, Booking.com B.V., Booking.com (USA), Inc., Sabre Holdings 8 Worldwide, Inc., Trump International Hotels Management, LLC, Marriott International, Inc., 10

WHEREAS, Plaintiff and Defendants wish to preserve the parties' and the court's NOW THEREFORE, the parties agree as follows:

1. Defendants will not be required to answer or otherwise plead in response to the Complaint until 60 days after a consolidated amended complaint is filed in a transferee court. 18

3. In the event that Defendants voluntarily file or are ordered to file a responsive stipulation will become void and in that event, all of the parties agree to negotiate in good faith 2 regarding a responsive pleading date. 3

4. Defendants agree that they will engage in a conference pursuant to Fed. R. Civ. P. 26(f) with Plaintiff within 14 days of appointment of lead counsel for the Plaintiffs in the 5 transferee court. 6

ATTESTATION: Pursuant to General Order 45, Part X-B, the filer attests that concurrence in 20 the filing of this document has been obtained from all signatories. 21 22

IT IS SO ORDERED:

United States District Judge

CERTIFICATE OF SERVICE

I hereby certify that on September 25, 2012, I electronically filed the foregoing 3 document using the CM/ECF system which will send notification of such filing to the e-mail 4 addresses registered in the CM/ECF system, as denoted on the Electronic Mail Notice List, and I 5 hereby certify that I have caused to be mailed a paper copy of the foregoing document via the 6 United States Postal Service to the non-CM/ECF participants indicated on the Manual Notice 7 List generated by the CM/ECF system. 8 9

Emily Johnson Henn

Emily Johnson Henn

20120926

© 1992-2012 VersusLaw Inc.



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