Opinion
William Trach, (pro hac vice), LATHAM & WATKINS LLP, Boston, Massachusetts, Brian T. Glennon, James H. Moon, Alexandra Y. Welch, LATHAM & WATKINS LLP, Los Angeles, California, Attorneys for Defendant LogMeIn, Inc.
Abbas Kazerounian, Matthew M. Loker, KAZEROUNI LAW GROUP, APC, Costa Mesa, CA, Todd M. Friedman, Adrian R. Bacon, LAW OFFICES OF TODD M. FRIEDMAN, P.C., Beverly Hills, CA, Attorneys for Plaintiff Darren Handy.
STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE FOR RESPONSE TO THIRD AMENDED COMPLAINT (Doc. 61)
JENNIFER L. THURSTON, Magistrate Judge.
TO THE HONORABLE COURT:
Plaintiff Darren Handy ("Plaintiff") and Defendant LogMeIn, Inc. ("Defendant"), by and through their respective undersigned counsel, hereby stipulate and agree as follows:
WHEREAS, Plaintiff filed and served his Third Amended Complaint on September 18, 2015 (ECF No. 60);
WHEREAS, Defendant's current deadline to respond to the Second Amended Complaint is October 5, 2015 (Fed. R. Civ. P. 15(a)(3), 6(d));
WHEREAS, Defendant is in the process of investigating and conferring with its counsel regarding Plaintiff's allegations in the Third Amended Complaint;
WHEREAS, the parties wish to set a briefing schedule that is mutually agreeable for the parties, and convenient for the Court, on Defendant's anticipated motion to dismiss Plaintiff's Third Amended Complaint;
WHEREAS, counsel for Defendant has cleared a hearing date on its anticipated motion to dismiss for December 16, 2015 with the clerk of the Court;
WHEREAS, Local Rule 144(a) provides that initial stipulations extending time for no more than twenty-eight days to respond to a complaint may be filed without approval of the Court if signed by all parties how have appeared in the action and are affected thereby; and
WHEREAS, this is the first extension of time with respect to the matters for which this extension is sought ( see L.R. 144(b));
IT IS HEREBY STIPULATED and agreed by and between the parties as follows:
1. Defendant's deadline to respond to the Third Amended Complaint shall be extended until October 21, 2015 pursuant to Local Rule 144(a);
2. Plaintiff's opposition brief to Defendant's anticipated motion to dismiss shall be due on November 18, 2015;
3. Defendant's reply brief in support of its anticipated motion to dismiss shall be due on December 9, 2015;
4. The hearing on Defendant's anticipated motion to dismiss shall be held on December 16, 2015 at 9:30 a.m. at the Bakersfield Courthouse (or a time thereafter as most convenient for the Court).
ATTESTATION
I certify that I obtained concurrence in the filing of this document from all parties whose electronic signatures appear above.
[PROPOSED] ORDER
Based upon the stipulation of counsel, the Court hereby orders as follows:
1. Defendant's deadline to respond to the Third Amended Complaint shall be extended until October 21, 2015 pursuant to Local Rule 144(a);
2. Plaintiff's opposition brief to Defendant's anticipated motion to dismiss shall be due on November 18, 2015;
3. Defendant's reply brief in support of its anticipated motion to dismiss shall be due on December 7, 2015;
The dates for the reply brief and the hearing have been modified by the Court.
4. The hearing on Defendant's anticipated motion to dismiss shall be held on December 14, 2015 at 8:30 a.m. at the Bakersfield Courthouse.
IT IS SO ORDERED.