Holman et al v. Apple, Inc. et al

Filing 105

Declaration of Daniel A. Sasse in Support of 104 MOTION to Stay Discovery Pending Resolution Of Its Soon-To-Be-Filed Motion To Compel Arbitration filed byAT&T Mobility, LLC. (Related document(s) 104 ) (Falk, Donald) (Filed on 5/30/2008)

Holman et al v. Apple, Inc. et al Doc. 105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Daniel A. Sasse, Esq. (CA Bar No. 236234) CROWELL & MORING LLP 3 Park Plaza, 20th Floor Irvine, CA 92614-8505 Telephone: (949) 263-8400 Facsimile: (949) 263-8414 Email: dsasse@crowell.com Donald M. Falk (CA Bar No. 150256) MAYER BROWN LLP Two Palo Alto Square, Suite 300 3000 El Camino Real Palo Alto, CA 94306-2112 Telephone: (650) 331-2000 Facsimile: (650) 331-2060 Email: dfalk@mayerbrown.com Attorneys for Defendant AT&T Mobility LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. 07-05152-JW DECLARATION OF DANIEL A. SASSE IN SUPPORT OF DEFENDANT AT&T MOBILITY LLC'S MOTION TO STAY DISCOVERY PENDING RESOLUTION OF ITS SOON-TO-BE FILED MOTION TO COMPEL ARBITRATION Date: September 8, 2008 Time: 9:00 a.m. Honorable James Ware IN RE APPLE & AT&TM ANTI-TRUST LITIGATION DECLARATION OF DANIEL A. SASSE IN SUPPORT OF DEFENDANT AT&T MOBILITY LLC'S MOTION TO STAY DISCOVERY PENDING RESOLUTION OF ITS MOTION TO COMPEL ARBITRATION CASE NO. C 07-05152-JW Dockets.Justia.com 1 I, Daniel A. Sasse, hereby declare as follows: 1. 2 3 I am a partner with the law firm of Crowell & Moring LLP, and I am one of the attorneys representing defendant AT&T Mobilty LLC ("A TIM") in this action. I have personal knowledge of the matters stated herein, and if called upon I could and would testify to their truth. 2. 4 5 The Court has not ordered either a Rule 26 Scheduling Conference or Case Man- 6 agement Conference for the plaintiffs' Amended Complaint. 3. 7 8 On May 28, 2008, the parties met and conferred regarding plaintiffs' desire to set a schedule for discovery on the merits. The parties could not agree on whether the Court should continue to stay discovery or schedule a case management conference. 4. 9 10 11 That same day, plaintiffs' counsel filed a letter requesting that the Court set a schedule for discovery. 12 13 5. No party to this case has previously requested an extension of the deadlines for discovery. Plaintiffs, ATTM, and defendant Apple, Inc. previously stipulated to an extension of 14 time for the defendants to respond to the complaint in Holman, which is one of the cases in this 15 now-consolidated action. See Docket No. 18. ATIM also previously sought an extension of 16 time to respond to the Holman complaint, which the Court denied as moot after consolidating 17 Holman with the other cases in this action. See Docket No. 36. The parties also previously 18 stipulated to an extension of time for the plaintiffs to file this consolidated amended complaint. 19 20 21 See Docket No. 42. The Court vacated that deadline in order to permit the plaintiffs to litigate the selection of interim lead class counsel (see Docket No. 55), and subsequently continued the hearing on motions to disqualify class counsel and appoint interim lead counsel on one occasion (see Docket No. 66). 22 23 24 25 I declare under penalty of perjury of the laws of the United States that the foregoing is true and correct. Executed at ':I.s-Ihis'" day of . lI May 2008. 26 27 28 DECLARTION OF DANEL A. SASSE IN SUPPORT OF DEFENDANT AT&T MOBILITY LLC'S MOTION TO STAY DISCOVERY PENDING RESOLUTION OF ITS MOTION TO COMPEL ARITRATION CASE NO. C 07-05152-.TW