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Fields v. Twitter, Inc., 3:16-cv-00213-WHO. (2016)

Court: District Court, N.D. California Number: infdco20160927b17 Visitors: 5
Filed: Sep. 26, 2016
Latest Update: Sep. 26, 2016
Summary: STIPULATION AND ORDER CONTINUING BRIEFING DEADLINES AND HEARING ON TWITTER'S MOTION TO DISMISS SECOND AMENDED COMPLAINT WILLIAM H. ORRICK , District Judge . Pursuant to Local Rule 6-2, the Parties through undersigned counsel hereby stipulate and respectfully request that in order to accommodate observance of the Jewish High Holidays, the Court extend by one week the deadlines for Plaintiffs' Opposition to Defendant Twitter, Inc.'s ("Twitter") Motion to Dismiss the Second Amended Complaint a
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STIPULATION AND ORDER CONTINUING BRIEFING DEADLINES AND HEARING ON TWITTER'S MOTION TO DISMISS SECOND AMENDED COMPLAINT

Pursuant to Local Rule 6-2, the Parties through undersigned counsel hereby stipulate and respectfully request that in order to accommodate observance of the Jewish High Holidays, the Court extend by one week the deadlines for Plaintiffs' Opposition to Defendant Twitter, Inc.'s ("Twitter") Motion to Dismiss the Second Amended Complaint and for Twitter's Reply in Support of Twitter's Motion to Dismiss the Second Amended Complaint, and to accordingly postpone by one week the hearing on Twitter's Motion to Dismiss the Second Amended Complaint. The parties declare in support of this request:

WHEREAS, Plaintiff Fields filed the present lawsuit on January 13, 2016 (Dkt. No. 1);

WHEREAS, the Parties filed a Stipulation on February 3, 2016 for Twitter to answer or respond to the Complaint, pursuant to Civil Local Rule 6-1(a), which extended Twitter's deadline until March 10, 2016, and which did not require a Court order (Dkt. No. 17);

WHEREAS, on April 6, 2016, the Parties filed a Joint Statement Regarding Twitter's Request to Stay Discovery Pending Resolution of Twitter's Motion to Dismiss the Amended Complaint (Dkt. No. 26);

WHEREAS, on April 7, 2016, the Court entered an order granting Twitter's Request to Stay Discovery Pending Resolution of Twitter's Motion to Dismiss the Amended Complaint and continuing the Case Management Conference from April 12, 2016 until May 18, 2016, to be held in conjunction with the hearing on Twitter's Motion to Dismiss the Amended Complaint (Dkt. No. 28);

WHEREAS, on April 8, 2016, the Parties filed a Stipulation to Extend Motion to Dismiss Briefing Deadlines and Reschedule the Hearing and Case Management Conference (Dkt. No. 29);

WHEREAS, on April 11, 2016, the Court entered an order granting the Parties' Stipulation to Extend Motion to Dismiss Briefing Deadlines and Reschedule Hearing and Case Management Conference, continuing the Case Management Conference and hearing on Twitter's Motion to Dismiss the Amended Complaint by twenty-eight (28) days, to June 15, 2016, and extending Plaintiffs' deadline to file their Opposition to Twitter's Motion to Dismiss the Amended Complaint by fourteen (14) days, to and including May 4, 2016, and Twitter's deadline to file a Reply in Support of Twitter's Motion to Dismiss to and including May 25, 2016 (Dkt. No. 30);

WHEREAS, on August 10, 2016, the Court entered an order granting Defendant Twitter's Motion to Dismiss the First Amended Complaint and granting Plaintiffs leave to file a second amended complaint within twenty (20) days of the Order (Dkt. No. 47);

WHEREAS, on August 30, 2016, Plaintiffs filed a Second Amended Complaint (Dkt. No. 48);

WHEREAS, on September 13, 2016, Twitter filed a Motion to Dismiss the Second Amended Complaint, noticing a hearing date of October 26, 2016 (Dkt. No. 49);

WHEREAS, the current deadline for Plaintiffs to file an Opposition to Twitter's Motion to Dismiss the Second Amended Complaint is September 27, 2016 and the current deadline for Twitter to file its Reply in Support of Twitter's Motion to Dismiss the Second Amended Complaint is October 4, 2016;

WHEREAS, the Jewish holiday of Rosh Hashanah falls on October 2-4, 2016, during the one week period that the current schedule provides for Defendant Twitter, Inc. to prepare its reply; and the Jewish holiday Yom Kippur falls on October 11-12, 2016;

WHEREAS, to permit counsel for Twitter to observe both Rosh Hashanah and Yom Kippur and to have adequate time to prepare Twitter's reply, Twitter proposes to extend the deadlines for Plaintiffs' Opposition to Twitter's Motion to Dismiss the Second Amended Complaint by seven (7) days to October 4, 2016, and Twitter's Reply in Support of Twitter's Motion to Dismiss the Second Amended Complaint by seven (7) days to October 18, 2016;

WHEREAS, these extensions of time would require altering the date of the hearing on Twitter's Motion to Dismiss the Second Amended Complaint, which is presently set for October 26, 2016, and counsel for both Plaintiffs and Twitter can be available for a hearing on such motion one week later, on November 2, 2016;

WHEREAS, the Parties have consented to each of the requested seven-day extensions, and have agreed that a corresponding seven-day continuance of the hearing on Twitter's Motion to Dismiss the Second Amended Complaint would be appropriate and mutually convenient;

NOW, THEREFORE, pursuant to Civil Local Rule 6-2(a), the Parties hereby stipulate and agree, through their respective counsel, as follows:

1. Plaintiffs' deadline to file their Opposition to Twitter's Motion to Dismiss the Second Amended Complaint shall be extended by seven (7) days, to and including October 4, 2016 and Twitter's deadline to file a Reply in Support of Twitter's Motion to Dismiss the Second Amended Complaint shall be extended to and including October 18, 2016. 2. The hearing on Twitter's Motion to Dismiss the Second Amended Complaint shall be rescheduled seven (7) days later at 2:00 PM on November 2, 2016, or on another date that is convenient for the Court.

IT IS SO STIPULATED.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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