Yeager v. Cingular Wireless LLC et al

Filing 68

ORDER signed by Judge Frank C. Damrell, Jr. on 12/28/2009 ORDERING 67 this district court action shall be STAYED pending the briefing, argument, andthis Court's ruling on Defendant's motion for certification of interlocutory appeal, pursu ant to 28:1292(b); In the event that the Court grants Dft's motion for certification and the 9th Circuit exercises its discretion to hear the appeal, this action is STAYED until the appeal is fully resolved. The current trial date of 3/30/2010 shall be VACATED; and the trial date, and all other attendant pre-trial deadlines, shall be re-scheduled at such time as Dft's motion for certification and any subsequent interlocutory appeal are fully resolved. CASE STAYED. (Reader, L)

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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 MENNEMEIER, GLASSMAN & STROUD LLP ANDREW W. STROUD (SBN 126475) STEPHEN LAU (SBN 221051) 980 9th Street, Suite 1700 Sacramento, CA 95814 Telephone: 916-553-4000 Facsimile: 916-553-4011 Attorneys for Defendant UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA GENERAL CHARLES E. "CHUCK" YEAGER (RET.), ) ) ) Plaintiff, ) ) v. ) ) AT&T MOBILITY, LLC; and DOES 1 ) through 200, inclusive, ) ) Defendants. ) ) ) ) ) ____________________________________) Case No. 2:07-cv-02517 FCD GGH STIPULATION AND ORDER TO STAY PROCEEDINGS AND CONTINUE TRIAL DATE PENDING MOTION FOR CERTIFICATE OF APPEALABILITY UNDER 28 U.S.C. 1292(b) The Honorable Frank C. Damrell, Jr. RECITALS Whereas Defendant AT&T Mobility, LLC ("Defendant") filed a motion for summary judgment on October 2, 2009; Whereas the Court issued an order denying the Defendant's motion for summary judgment on December 7, 2009; Whereas Defendant believes that the Court's order involves several controlling questions of law as to which there is a substantial ground for difference of opinion, and that an immediate appeal from the order may materially advance the ultimate termination of the litigation; /// 291.01.PLE.MSJ.aws dec.wpd 1 STIPULATION AND ORDER TO STAY PROCEEDINGS AND CONTINUE TRIAL DATE PENDING MOTION FOR CERTIFICATE OF APPEALABILITY UNDER 28 U.S.C. 1292(b) 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 1. Whereas Defendant therefore intends to file a motion for certification of interlocutory appeal pursuant to 28 U.S.C. 1292(b); Whereas Defendant understands that March 21, 2010 is the earliest available date for the Court to hear oral argument on that motion; Whereas, under the Court's Amended Status (Pretrial Scheduling) Order dated April 22, 2009, the parties are now obligated to begin preparing for trial, including by preparing a joint pre-trial statement to be filed on January 15, 2010; Whereas the trial is currently set for March 30, 2010; Whereas trial preparation by the parties and the Court could become wasted effort if the Court were to grant certification, and if the Ninth Circuit Court of Appeals were to subsequently accept the interlocutory appeal; Whereas the parties wish to avoid any potentially unnecessary expenditure of time and resources by their counsel and by the Court in preparing for trial; STIPULATION The parties, by and through their counsel, stipulate and agree as follows: This district court action shall be STAYED pending the briefing, argument, and this Court's ruling on Defendant's motion for certification of interlocutory appeal, pursuant to 28 U.S.C. 1292(b); 2. In the event that the Court grants Defendant's motion for certification and the Ninth Circuit exercises its discretion to hear the appeal, this action is STAYED until the appeal is fully resolved. 3. 4. The current trial date of March 30, 2010 shall be VACATED; and The trial date, and all other attendant pre-trial deadlines, shall be re-scheduled at such time as Defendant's motion for certification and any subsequent interlocutory appeal are fully resolved. /// /// /// 291.01.PLE.MSJ.aws dec.wpd 2 STIPULATION AND ORDER TO STAY PROCEEDINGS AND CONTINUE TRIAL DATE PENDING MOTION FOR CERTIFICATE OF APPEALABILITY UNDER 28 U.S.C. 1292(b) 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 Dated: December 24, 2009 DE LA PENA & MCDONALD LLP By: /s/ Charles J. Murray Charles J. Murray Attorneys for Plaintiff Chuck Yeager Dated: December 24, 2009 MENNEMEIER, GLASSMAN & STROUD LLP By: /s/ Andrew W. Stroud Andrew W. Stroud Attorneys for Defendant AT&T Mobility, LLC IT IS SO ORDERED. Dated: December 28, 2009 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE 291.01.PLE.MSJ.aws dec.wpd 3 STIPULATION AND ORDER TO STAY PROCEEDINGS AND CONTINUE TRIAL DATE PENDING MOTION FOR CERTIFICATE OF APPEALABILITY UNDER 28 U.S.C. 1292(b)

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