STIPULATION AND PROPOSED ORDER EXTENDING TIME TO RESPOND TO COMPLAINT AND ENLARGING TIME TO FILE OPPOSITION AND REPLY

EDWARD M. CHEN, District Judge.

Pursuant to the Civil Local Rules 6-1 and 7-12, the parties to the above-entitled action, by and through their undersigned counsel, hereby submit this Stipulation Extending Time To Respond To Complaint and Enlarging Time To File Opposition and Reply in order to extend until November 22, 2013 Defendant Apple Inc. ("Apple")'s deadline to respond to the Complaint and file a Motion to Dismiss, currently set by Federal Rule of Civil Procedure 12(a)(1)(A) for November 14, 2013. Apple intends to file a motion to dismiss Plaintiff's Complaint by November 22, 2013. The parties also submit this Stipulation in order to postpone, subject to Court approval, (1) until Friday, December 20, 2013 Plaintiff Corbin Rasmussen ("Plaintiff" or "Rasmussen")'s deadline to file an Opposition to Defendant Apple Inc.'s Motion To Dismiss, currently set by Civil Local Rule 7-3(a) for November 29, 3013; and (2) until Friday, January 10, 2014 Apple's deadline to file a Reply, currently set by Civil Local Rule 7-3(c) for December 6, 2013. Apple intends to notice its motion for a hearing on January 23, 2014 at 1:30 p.m. As set forth in this Stipulation and the accompanying Declaration of Matthew D. Powers ("Powers Decl."), the reason for this stipulated request is that counsel for Plaintiff and for Defendant would like to reach a mutually agreeable briefing schedule that takes into account the Thanksgiving, Hanukkah, Christmas, and New Year's holidays and that still provides for Apple's motion being heard before the parties submit their joint Case Management Statement on January 30, 2014 and before the Initial Case Management Conference currently set for February 6, 2014.

Granting this Stipulation will not affect the date of the Initial Case Management Conference or any other deadlines in this case. Defendant has not requested any other extension or schedule change in this action.

WHEREAS, Plaintiff Corbin Rasmussen ("Plaintiff") filed his Complaint in the above-entitled action on October 23, 2013;

WHEREAS, Plaintiff served the summons and Complaint on Defendant Apple Inc. ("Defendant") on October 24, 2013;

WHEREAS, counsel for Plaintiff has agreed to extend the deadline by which Defendant must answer or otherwise respond to the Complaint until November 22, 2013;

WHEREAS, this change will not alter the date of any event or any deadline already fixed by Court order;

WHEREAS, Apple intends to file a motion to dismiss on or before November 22, 2013, and notice a hearing for January 23, 2014 at 1:30 p.m.;

WHEREAS counsel for Plaintiff and Defendant have met and conferred and have agreed, subject to Court approval, to postpone the deadlines to file their Opposition and Reply, so as not to conflict with the upcoming winter holidays, and so as to ensure that Apple's motion will be heard before the parties submit their joint Case Management Statement on January 30, 2014 or attend the Initial Case Management Conference on February 6, 2014;

The parties, hereby, STIPULATE and agree, subject to Court approval, to the following:

IT IS SO ORDERED.