The opinion of the court was delivered by: A Hon. Thelton E. Henderson U.S. District Judge
STIPULATION TO ALLOW LATE FILING OF OPPOSITION TO MOTION TO DISMISS COMPLAINT; DECLARATION; [PROPOSED] ORDER
The parties hereto, by and through their undersigned counsel, stipulate, subject to 8 approval of the court, to relieve Plaintiff from his failure to file timely opposition to Defendant's previously filed Motion to Dismiss the Complaint ("Motion"), and to allow Plaintiff to file 2 opposition to the Motion by no later than June 5, 2013, with any reply by Defendant then to be 3 filed by June 12, 2013, and the hearing to be re-noticed for July 8, 2013 at 10:00 a.m. 4
DATED: May 1, 2013 DATED: May 1, 2013 5 /s/ Michael E. Adams /s/ Devin Slack 6 Attorney for Plaintiff Attorney for Defendant 7 MAHMOUD KEDKAD MICROSOFT CORPORATION 8
I, MICHAEL E. ADAMS, hereby declare: 10 1. I am the attorney of record herein for Plaintiff Mahmoud Kedkad. 11 2. Early this month, shortly after Defendant Microsoft Corporation filed its Motion to 12 Dismiss the Complaint ("Motion"), I discussed the motion with Defendant's counsel, Devin 13 Slack, including my wish to conduct some limited discovery relating to the motion. 14 3. During this month, the instant matter was successively reassigned first to Hon. Phyllis 15 J. Hamilton and then to Hon. Thelton Henderson. Court notices of said reassignments stated, 16 inter alia, that all pending motions were be taken off calendar for re-noticing. Preoccupied with 17 other litigation matters, I did not carefully read the notices and I incorrectly assumed that new 18 dates for briefing the Motion would be based on the date on which it was re-noticed. I learned to 19 my surprise of my error during a further discussion with Mr. Slack concerning the Motion early 20 last week. 21
I declare under penalty of perjury that the foregoing is true and correct. Signed this 1st 22 day of May, 2013 in Redwood City, CA. 23
The parties so stipulating and good cause appearing,
IT IS HEREBY ORDERED that Defendant Microsoft Corporation shall re-notice its Motion to 5
Dismiss the Complaint for July 8, 2013 at 10:00 a.m., that Plaintiff is granted leave to file 6 opposition thereto by June 5, 2013, and that Defendant may file any reply thereto by June 12, 2013.
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