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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Michael McShane
2 Jonas P. Mann
AUDET & PARTNERS, LLP
3 221 Main Street, Suite 1460
San Francisco, CA 94105
4 Telephone [phone]
Fax [phone]
5 Email: [e-mail]
[e-mail]
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Attorneys for Plaintiffs
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

AUDET & PARTNERS, LLP

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

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vs.

15 CLEARWIRE, INC.,
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Defendant.

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Case No. 2:11-cv-00783-WBS-DAD
STIPULATION AND [PROPOSED] ORDER
AMENDING BRIEFING SCHEDULE ON
DEFENDANT’S MOTION TO COMPEL
ARBITRATION

STIPULATION

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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.;

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STIPULATION AND ORDER AMENDING BRIEFING SCHEDULE

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

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(b)

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

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(c)

Clearwire’s reply due no later than July 22, 2011.

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2.

On June 9, 2011, Clearwire filed its Motion to Compel Arbitration;

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3.

On June 20, 2011, Plaintiff served discovery that she deemed essential to issues

5 identified in the Motion to Compel Arbitration;
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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

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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.
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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.
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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.
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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.
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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
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the parties and the Court.
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STIPULATION AND ORDER AMENDING BRIEFING SCHEDULE

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

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Stipulated and respectfully submitted this 7th day of July, 2011.

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For Clearwire Corporation:
DAVIS WRIGHT TREMAINE LLP

5 By: ___________________________
Kenneth E. Payson
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Attorneys for Defendant
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CLEARWIRE CORPORATION

For Plaintiff:
AUDET & PARTNERS, LLP
By: ____________ _____________
Jonas P. Mann
Attorneys for Plaintiff
SHARON NEWTON

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ORDER

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IT IS SO ORDERED. The Court amends the schedule. The parties shall adhere to the
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AUDET & PARTNERS, LLP

schedule above. Any motions to compel discovery shall be noticed for hearing before the assigned
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Magistrate Judge in accordance with Local Rule 302(c)(1). The Court strikes the August 29,
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2011, hearing date on Clearwire’s Motion to Compel Arbitration and Stay Claims, to be reset by
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further order of the Court.
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DATED this 8th day of July, 2011.
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STIPULATION AND ORDER AMENDING BRIEFING SCHEDULE

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

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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:
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AUDET & PARTNERS, LLP

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ROCHELLE L. WILCOX
DAVIS WRIGHT TREMAINE LLP
865 S. Figueroa St., Suite 2400
Los Angeles, California 90017-2566
Telephone [phone]
Fax [phone]
Email: [e-mail]
STEPHEN M. RUMMAGE
KENNETH E. PAYSON
DAVIS WRIGHT TREMAINE LLP
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
Telephone [phone]
Fax [phone]
Email: [e-mail]; [e-mail]
DATED this 7th day of July, 2011.

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/s/ Jonas P. Mann
Michael McShane
Jonas P. Mann
AUDET & PARTNERS, LLP
221 Main Street, Suite 1460
San Francisco, CA 94105
Telephone [phone]
Fax [phone]
Email: [e-mail]
[e-mail]

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STIPULATION AND ORDER AMENDING BRIEFING SCHEDULE

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