Newton v. Clearwire Corporation

Filing 23

STIPULATION and ORDER signed by Judge William B. Shubb on 7/8/2011 re 22 ORDERING that the Court amends the schedule. The parties shall adhere to the schedule above. Any motions to compel discovery shall be noticed for hearing before the assigned Magistrate Judge in accordance with Local Rule 302(c)(1). The Court strikes the August 29, 2011, hearing date on Clearwire's Motion to Compel Arbitration and Stay Claims, to be reset by further order of the Court.(Duong, D)

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1 Michael McShane 2 Jonas P. Mann AUDET & PARTNERS, LLP 3 221 Main Street, Suite 1460 San Francisco, CA 94105 4 Telephone (415) 568-2555 Fax (415) 568-2556 5 Email: mmcshane@audetlaw.com jmann@audetlaw.com 6 Attorneys for Plaintiffs 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA AUDET & PARTNERS, LLP 10 11 SHARON NEWTON, individually and on behalf of all others similarly situated, 12 Plaintiffs, 13 14 vs. 15 CLEARWIRE, INC., 16 Defendant. 17 20 21 22 23 24 25 26 27 Case No. 2:11-cv-00783-WBS-DAD STIPULATION AND [PROPOSED] ORDER AMENDING BRIEFING SCHEDULE ON DEFENDANT’S MOTION TO COMPEL ARBITRATION STIPULATION 18 19 ) ) ) ) ) ) ) ) ) ) ) The parties, by and through their attorneys of record, stipulate to amend the briefing and hearing schedule for Clearwire’s Motion to Compel Arbitration and Stay Claims (“Motion to Compel Arbitration”) [Dkt. 18]. The parties jointly request that the Court enter the following Order approving that Stipulation. In support of this request, the parties represent the following to the Court: 1. On May 13, 2011, the Court entered an order [Dkt. 17] approving the parties’ agreed briefing and hearing schedule on Clearwire’s Motion to Compel Arbitration as follows: (a) Clearwire’s Motion to Compel Arbitration due no later than June 9, 2011, and set for hearing on August 29, 2011, at 2:00 p.m.; 28 1 STIPULATION AND ORDER AMENDING BRIEFING SCHEDULE Case No. 2:11-cv-00783-WBS-DAD 1 (b) Plaintiff’s response due no later than July 8, 2011; and 2 (c) Clearwire’s reply due no later than July 22, 2011. 3 2. On June 9, 2011, Clearwire filed its Motion to Compel Arbitration; 4 3. On June 20, 2011, Plaintiff served discovery that she deemed essential to issues 5 identified in the Motion to Compel Arbitration; 6 4. Following a meet-and-confer process, Clearwire served its responses and certain 7 responsive documents on July 5, 2011. In its response, Clearwire objected to Plaintiff’s 8 Interrogatories and a number of Requests for Production of Documents, which had been subject to 9 the meet-and-confer process. After further meeting and conferring, the parties remain at an 10 impasse regarding these objections; AUDET & PARTNERS, LLP 11 5. Plaintiff will file a Motion to Compel Discovery and Joint Statement Regarding the 12 Discovery Disagreement by July 21, 2011, and will set the Motion to Compel for hearing at a 13 mutually convenient time. Plaintiff will provide her portion of the Joint Statement to Clearwire no 14 later than July 13, 2011. Clearwire will add its portion to the Joint Statement and provide it to 15 Plaintiff by July 20, 2011. 16 6. The deadline for filing Plaintiff’s response to the Motion to Compel Arbitration 17 shall be moved from July 8, 2011, to 7 days following either (1) the Court’s entry of an order 18 denying the Motion to Compel Discovery or (2) Clearwire’s production of information or 19 documents the Court orders Clearwire to produce in granting the Motion to Compel Discovery. 20 7. The deadline for filing Clearwire’s reply in support of its Motion to Compel 21 Arbitration shall be moved from July 22, 2011, to 21 days following Plaintiff’s response to that 22 Motion. The parties agree to amend further the scheduled reply date should Clearwire require any 23 discovery from the Plaintiff. 24 8. The parties agree that this pre-arbitration discovery does not constitute a waiver of 25 any right that Clearwire may have to compel arbitration. 26 9. The parties agree to strike the current August 29, 2011, hearing date for 27 Clearwire’s Motion to Compel Arbitration, which will be reset at a mutually convenient time for 28 the parties and the Court. 2 STIPULATION AND ORDER AMENDING BRIEFING SCHEDULE Case No. 2:11-cv-00783-WBS-DAD 1 Stipulated and respectfully submitted this 7th day of July, 2011. 2 3 4 For Clearwire Corporation: DAVIS WRIGHT TREMAINE LLP 5 By: ___________________________ Kenneth E. Payson 6 Attorneys for Defendant 7 CLEARWIRE CORPORATION For Plaintiff: AUDET & PARTNERS, LLP By: ____________ _____________ Jonas P. Mann Attorneys for Plaintiff SHARON NEWTON 8 9 ORDER 10 IT IS SO ORDERED. The Court amends the schedule. The parties shall adhere to the 11 AUDET & PARTNERS, LLP schedule above. Any motions to compel discovery shall be noticed for hearing before the assigned 12 Magistrate Judge in accordance with Local Rule 302(c)(1). The Court strikes the August 29, 13 2011, hearing date on Clearwire’s Motion to Compel Arbitration and Stay Claims, to be reset by 14 further order of the Court. 15 16 DATED this 8th day of July, 2011. 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND ORDER AMENDING BRIEFING SCHEDULE Case No. 2:11-cv-00783-WBS-DAD 1 2 CERTIFICATE OF SERVICE 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: 5 6 7 8 9 10 AUDET & PARTNERS, LLP 11 12 13 ROCHELLE L. WILCOX DAVIS WRIGHT TREMAINE LLP 865 S. Figueroa St., Suite 2400 Los Angeles, California 90017-2566 Telephone (213) 633-6800 Fax (213) 633-6899 Email: rochellewilcox@dwt.com STEPHEN M. RUMMAGE KENNETH E. PAYSON DAVIS WRIGHT TREMAINE LLP 1201 Third Avenue, Suite 2200 Seattle, WA 98101-3045 Telephone (206) 622-3150 Fax (206) 757-7700 Email: steverummage@dwt.com; kenpayson@dwt.com DATED this 7th day of July, 2011. 14 15 16 17 18 19 20 21 /s/ Jonas P. Mann Michael McShane Jonas P. Mann AUDET & PARTNERS, LLP 221 Main Street, Suite 1460 San Francisco, CA 94105 Telephone (415) 568-2555 Fax (415) 568-2556 Email: mmcshane@audetlaw.com jmann@audetlaw.com 22 23 24 25 26 27 28 4 STIPULATION AND ORDER AMENDING BRIEFING SCHEDULE Case No. 2:11-cv-00783-WBS-DAD

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