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IN RE GOOGLE INC., ANDROID CONSUMER PRIVACY LITIGATION, 11 2264 JSW (2013)

Court: District Court, N.D. California Number: infdco20130520e13 Visitors: 8
Filed: May 17, 2013
Latest Update: May 17, 2013
Summary: STIPULATION AND [PROPOSED] ORDER RE: MODIFICATION OF PAGE LIMIT AS MODIFIED HEREIN JEFFREY S. WHITE, District Judge. The parties in the above-entitled actions, by and through their respective attorneys, hereby stipulate to the following: WHEREAS, plaintiffs in the Android action have filed a Second Amended Class Action Complaint ("SAC") that alleges claims for relief against defendant Google acting in multiple capacities; WHEREAS, the Android action involves nine separate cases coo
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STIPULATION AND [PROPOSED] ORDER RE: MODIFICATION OF PAGE LIMIT AS MODIFIED HEREIN

JEFFREY S. WHITE, District Judge.

The parties in the above-entitled actions, by and through their respective attorneys, hereby stipulate to the following:

WHEREAS, plaintiffs in the Android action have filed a Second Amended Class Action Complaint ("SAC") that alleges claims for relief against defendant Google acting in multiple capacities;

WHEREAS, the Android action involves nine separate cases coordinated in this Court for pretrial proceedings by the Judicial Panel on Multidistrict Litigation;

WHEREAS, plaintiff in the Yuncker action has filed an SAC that alleges multiple separate claims for relief against defendant Pandora;

WHEREAS, on April 23, 2013, the Court ordered that Google's and Pandora's responses to the SACs filed in their respective actions, including any Motions to Dismiss, shall be filed on or before May 30, 2013, that if Google and/or Pandora chooses to file a Motion to Dismiss, Plaintiffs' Oppositions shall be filed on or before June 20, 2013, and that Google's and Pandora's Replies to Plaintiffs' Oppositions shall be filed and served on or before July 8, 2013;

WHEREAS, Google and Pandora intend to file a Motion to Dismiss each of the claims asserted in the respective SACs;

WHEREAS, this Court's Civil Standing Orders specify that a brief in support of, in opposition to, or in reply to a motion, except motions for summary judgment or claim construction, shall not exceed 15 pages;

WHEREAS, Google's Motion to Dismiss will require separate arguments as to the sufficiency of each of the claims asserted in the Android SAC, as well as separate arguments relating to the different capacities in which Google has been sued, which arguments collectively involve complex areas of federal and state law and will require space beyond the 15-page default limit set by this Court's Civil Standing Order;

WHEREAS, Pandora's Motion to Dismiss will require separate arguments as to the sufficiency of each of the claims asserted in the Yuncker SAC, including as those claims apply to three newly added plaintiffs who used different versions of the Pandora mobile applications, which arguments involve complex areas of law and will require space beyond the 15-page default limit set by this Court's Civil Standing Order;

WHEREAS, the parties to the Android and Yuncker actions all stipulated to extend the page limitations for the first Motions to Dismiss filed in their respective actions and the Court entered those stipulations (Android Dkt No. 28, Yuncker Dkt No. 53);

WHEREAS, counsel for Google, Pandora, and the Android and Yuncker plaintiffs have met and conferred, and agree that the page limit for both Google's and Pandora's Motions to Dismiss, plaintiffs' Oppositions to both Google's and Pandora's motions, and both Google's and Pandora's Replies in support of their respective motions should be increased;

IT IS SO AGREED that:

(1) Google and Pandora shall both be permitted to file a brief in support of their respective Motions to Dismiss not to exceed 25 pages; (2) Plaintiffs in both the Android and Yuncker actions shall be permitted to file Opposition briefs in response to the Motions to Dismiss in their respective actions not to exceed 25 pages; and (3) Google and Pandora shall both be permitted to file Reply briefs in support of their respective Motions to Dismiss not to exceed 15 pages.

PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, IT IS SO ORDERED.

The Court is familiar with the facts of this case and issues presented. The Court will grant the request for additional pages, but it does not find good cause to grant twenty-five pages. Accordingly, the opening and opposition briefs shall not exceed twenty pages. The replies shall not exceed twelve pages.

It is FURTHER ORDERED that the Plaintiffs in each of these cases shall file red-lined versions of the complaint by no later than May 31, 2013.

Source:  Leagle

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