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Bleak v. Spotify USA Inc.

United States District Court, N.D. California, Oakland Division

February 3, 2014

MELISSA BLEAK, individually and on behalf of all others similarly situated, Plaintiff,
v.
SPOTIFY USA INC., a Delaware corporation, Defendant.

JULIAN HAMMOND (CA State Bar No. 268489), HAMMONDLAW, PC, Los Angeles, California, ARI CHERNIAK (CA State Bar No. 290071), HAMMONDLAW, PC, Baltimore, Maryland, Attorneys for Plaintiff MELISSA BLEAK.

JOSEPH E. ADDIEGO III (CA State Bar No. 169522), DAVIS WRIGHT TREMAINE LLP, San Francisco, California, STEPHEN M. RUMMAGE (Admitted Pro hac), CANDICE M. TEWELL (Admitted Pro hac vice), DAVIS WRIGHT TREMAINE LLP, Seattle, Washington, Attorneys for Defendant SPOTIFY USA INC..

STIPULATION EXTENDING THE DEADLINE FOR PLAINTIFF TO RESPOND TO SPOTIFY USA INC.'S MOTION TO COMPEL ARBITRATION AND FOR SPOTIFY TO REPLY TO PLAINTIFF'S RESPONSE AND CONTINUING THE MOTION HEARING AND CASE MANAGEMENT CONFERENCE SCHEDULED FOR MARCH 21, 2014; ORDER

CHARLES R. BREYER, District Judge.

TO THE HONORABLE COURT AND ALL PARTIES BY AND THROUGH THEIR COUNSEL OF RECORD:

Plaintiff MELISSA BLEAK, individually and on behalf of all others similarly situated ("Plaintiff") and Defendant SPOTIFY USA INC. ("Defendant") (collectively "the Parties"), by and through their attorneys of record, stipulate as follows:

On January 27, 2014 Defendant filed a Motion to Compel Arbitration and Stay Action in the above-referenced case;

The current deadline for Plaintiff to respond to the Motion to Compel Arbitration is February 10, 2013;

The current deadline for Defendant to reply to Plaintiff's response is February 18, 2014; The Hearing on the Motion to Compel Arbitration is currently scheduled for March 21,

2014 at 10:00 A.M. in Courtroom 6, 17th Floor of the above-referenced Court before the Hon. Charles R. Breyer;

A Case Management Conference is scheduled for March 21, 2014 at 8:30 a.m. in Courtroom 6, 17th Floor of the above-referenced Court before the Hon. Charles R. Breyer;

Plaintiff believes extending the deadlines for the responsive pleadings and continuing the Motion Hearing is required in order to properly prepare her response and effectively prepare for the Motion Hearing;

The Parties believe continuing the Case Management Conference to the same day as the Motion Hearing will consolidate multiple hearings on this matter to the same date, thereby creating additional efficiency;

NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT:

1. The deadline for Plaintiff to respond to Defendant's Motion to Compel Arbitration shall be extended to March 10, 2014;

2. The deadline for Defendant to reply to Plaintiff's response shall be extended to April 7, 2014;

3. The Motion Hearing currently scheduled for March 21, 2014 at 10:00 A.M. in Courtroom 6, 17th Floor of the above-referenced Court before the Hon. Charles R. Breyer shall be continued until April 25, 2014 at 10:00 A.M.; and

4. The Case Management Conference currently scheduled for March 21, 2014 at 8:30 A.M. in Courtroom 6, 17th Floor of the above-referenced Court before the Hon. Charles R. Breyer shall be continued until April 25, 2014 at 10:00 A.M.;

5. The parties shall meet and confer not less than thirty (30) days in advance of the April 25, 2014, conference and shall file a joint case management statement in the form contained in the Civil Local rules as supplemented by this Court's January 22, 2014, Order Setting Case Management Conference not less than seven (7) days in advance of the conference. The parties shall serve their Rule 26(f) Initial Disclosures within fourteen (14) days of their meet and confer.

IT IS SO STIPULATED.

IT IS SO ORDERED.


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