Newton v. Clearwire Corporation

Filing 17

STIPULATION and ORDER signed by Judge William B. Shubb on 5/13/2011 ORDERING that the Court lifts the stay. The parties shall adhere to the following schedule: Defendant's motion to compel arbitration shall be due no later than June 9, 2011, and shall be set for hearing on August 29, 2011, at 2:00 p.m. Plaintiff's response shall be due no later than July 8, 2011 and Defendant's reply shall be due no later than July 22, 2011.(Duong, D)

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ROCHELLE L. WILCOX (State Bar No. 197790)
2 DAVIS WRIGHT TREMAINE LLP
865 S. Figueroa St., Suite 2400
3 Los Angeles, California 90017-2566
Telephone [phone]
4 Fax [phone]
Email: [e-mail]
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STEPHEN M. RUMMAGE (Admitted Pro Hac Vice)
6 KENNETH E. PAYSON (Admitted Pro Hac Vice)
DAVIS WRIGHT TREMAINE LLP
7 1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
8 Telephone [phone]
Fax [phone]
9 Email: [e-mail]; [e-mail]

DAVIS WRIGHT TREMAINE LLP

10 Attorneys for Defendant CLEARWIRE CORPORATION,
erroneously sued as CLEARWIRE, INC.
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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15 SHARON NEWTON, individually and on
behalf of all others similarly situated,
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Plaintiffs,

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vs.

19 CLEARWIRE, INC.,
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Defendant.

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Case No. 2:11-cv-00783-WBS-DAD
STIPULATION AND ORDER LIFTING STAY
AND SETTING BRIEFING SCHEDULE ON
DEFENDANT’S MOTION TO COMPEL
ARBITRATION

STIPULATION

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For reasons set forth in the accompanying Joint Status Report Concerning Supreme Court
Ruling in AT&T Mobility v. Concepcion, the parties, by and through their attorneys of record,
stipulate to lift the stay and to adhere to the following briefing schedule to govern defendant’s
motion to compel arbitration. The parties jointly request that the Court enter the following Order
approving that Stipulation:

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STIPULATION AND ORDER LIFTING STAY AND SETTING BRIEFING SCHEDULE

DWT 17088594v1 0065187-001084

Case No. 2:11-cv-00783-WBS-DAD

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1.

Defendant’s motion to compel arbitration shall be due no later than June 9, 2011,

2 and shall be set for hearing on August 29, 2011, at 2:00 p.m.;
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Plaintiff’s response shall be due no later than July 8, 2011; and

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3.

Defendant’s reply shall be due no later than July 22, 2011.

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Stipulated and respectfully submitted this 12th day of May, 2011.

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DAVIS WRIGHT TREMAINE LLP

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For Clearwire Corporation:

For Plaintiff:

DAVIS WRIGHT TREMAINE LLP

AUDET & PARTNERS, LLP

9 By: /s/ Kenneth E. Payson____________ By: /s/ Jonas P. Mann (as authorized on May 12, 2011)
Kenneth E. Payson
Jonas P. Mann
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Attorneys for Defendant
Attorneys for Plaintiff
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CLEARWIRE CORPORATION
SHARON NEWTON
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STIPULATION AND ORDER LIFTING STAY AND SETTING BRIEFING SCHEDULE
DWT 17088594v1 0065187-001084

Case No. 2:11-cv-00783-WBS-DAD

ORDER

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IT IS SO ORDERED. The Court lifts the stay. The parties shall adhere to the following

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1.

Defendant’s motion to compel arbitration shall be due no later than June 9, 2011,

5 and shall be set for hearing on August 29, 2011, at 2:00 p.m.;
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2.

Plaintiff’s response shall be due no later than July 8, 2011; and

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3.

Defendant’s reply shall be due no later than July 22, 2011.

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DATED this 13th day of May 2011.

DAVIS WRIGHT TREMAINE LLP

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STIPULATION AND ORDER LIFTING STAY AND SETTING BRIEFING SCHEDULE
DWT 17088594v1 0065187-001084

Case No. 2:11-cv-00783-WBS-DAD

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CERTIFICATE OF SERVICE

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I hereby certify that on this day, I caused to be electronically filed the foregoing document

3 with the Clerk of the Court using the CM/ECF system which will send notification of such filing
4 to the following counsel of record:
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Michael McShane ([e-mail])
Jonas Mann ([e-mail])
Audet & Partners, LLP
221 Main Street, Suite 1460
San Francisco, CA 94105

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I also caused a true and correct copy of the foregoing document to be enclosed in an
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envelope and placed for collection and mailing with the United States Post Office on May 12,
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2011, following the ordinary business practice, addressed as follows

DAVIS WRIGHT TREMAINE LLP

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Clayton Halunen
Shawn Wanta
Halunen & Associates
1650 IDS Center
80 South Eighth Street
Minneapolis, MN 55402
DATED this 12th day of May, 2011.

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s/ Kenneth E. Payson
Kenneth E. Payson, WSBA #26369
Davis Wright Tremaine LLP
1201 Third Avenue, Suite 2200
Seattle, Washington 98101-3045
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

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STIPULATION AND ORDER LIFTING STAY AND SETTING BRIEFING SCHEDULE
DWT 17088594v1 0065187-001084

Case No. 2:11-cv-00783-WBS-DAD