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Banko v. Apple, Inc.

United States District Court, Ninth Circuit

August 8, 2013

JOSHUA BANKO, Plaintiff(s),
v.
APPLE, INC., DOES 1-50, Defendant(s)

DAVID J. MICLEAN, (SB# 115098), GARY R. GLEASON, (SB# 136167), ANNE-MARIE D. DAO, (SB#282632) MICLEAN GLEASON LLP, Attorneys for Plaintiff, JOSHUA BANKO.

TODD K. BOYER, LITTLER MENDELSON, P.C., Attorneys for Defendant.

JOINT STIPULATION REQUESTING ORDER CHANGING TIME FOR BRIEFING ON APPLE INC.'S MOTION TO DISMISS

RICHARD G. SEEBORG, District Judge.

Pursuant to Federal Rule 6 and Local Rule 6-2(a), Joshua Banko ("Banko") and Apple Inc. ("Apple") hereby stipulate to an adjustment of the briefing schedule on Apple's Motion to Dismiss (Dkt. 11) and would respectfully request an order confirming such stipulation:

1. On June 27, 2013, Banko filed a Complaint against Apple. (Dkt. 1).

2. On July 10, 2013, the parties stipulated to an extension of time to allow Apple to file a responsive pleading to Banko's Complaint. (Dkt. 4).

3. On August 5, 2013, Apple filed a Motion to Dismiss the Complaint ("Motion"). (Dkt. 11).

4. Banko's Opposition is presently due on August 19, 2013. Apple's Reply to the Opposition is currently due on August 26, 2013. The hearing on Apple's Motion is scheduled for September 26, 2013.

5. The parties have agreed to a short extension of time for the filing of Banko's opposition brief and Apple's reply brief on the Motion. These extensions will not affect the hearing date. The reason for such request is because this is a critical Motion attacking all causes of action in the complaint and plaintiff will need sufficient time to review the extensive authority that has been cited by Apple and to respond accordingly. Further, key counsel of record from Miclean Gleason are on vacation and it would be a hardship on these individuals to have to return early to respond to Apple's Motion.

6. Therefore, the parties have stipulated and agreed to, and seek the Court's approval of, a revised briefing schedule under which Banko's Opposition brief will now be due on August 26, 2013 and Apple's Rely brief on the Motion will now be due September 5, 2013.

7. The parties propose no change in the currently scheduled date for the hearing on Apple's Motion (September 26, 2013). A proposed order is attached.

STIPULATION

Pursuant to Local Rule 6-2(a), the parties hereby stipulate that: Banko's Opposition to Apple's Motion to Dismiss (Dkt. 11) will now be due no later than August 26, 2013, and Apple's Reply to Banko's Opposition will now be due no later than September 5, 2013. The hearing on Apple's Motion to Dismiss will remain set as previously scheduled by the Court on September 26, 2013, at 1:30 pm.

[PROPOSED] ORDER

PURSUANT TO THE PARTIES STIPULATION, IT IS SO ORDERED.


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