Newton v. Clearwire Corporation

Filing 39

STIPULATION and ORDER signed by Judge William B. Shubb on 12/12/2011 ORDERING that the Court approves the parties' stipulation and VACATES the 12/19/2011, 2:00 p.m. hearing on Clearwire's Motion to Compel Arbitration. This matter is STAYED until 1/12/2012. At the expiration of that time the parties shall submit a joint status report describing how they propose that this matter will proceed. CASE STAYED. (Zignago, K.)

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

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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

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vs.

18 CLEARWIRE, INC.,
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Defendant.

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Case No. 2:11-cv-00783-WBS-DAD
STIPULATION AND [PROPOSED] ORDER
CONTINUING HEARING ON
DEFENDANT’S MOTION TO COMPEL
ARBITRATION AND STAYING CASE
PENDING MEDIATION

STIPULATION

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Plaintiff Sharon Newton and Defendant Clearwire Corporation, by and through their
counsel, stipulate to the following and request that the Court continue the hearing on Clearwire’s
Motion to Compel Arbitration [Dkt. 18] and stay this matter until after the parties complete
mediation the first week of January 2012. The parties jointly request that the Court enter the
following Order approving this Stipulation.
In support of this request, the parties represent the following to the Court:
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On June 9, 2011, Clearwire filed a Motion to Compel Arbitration.
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STIPULATION & ORDER CONTINUING HEARING AND STAYING CASE
DWT 18652095v3 0065187-001084

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

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2.

The parties have completed briefing on the motion.

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On November 1, 2011, the Court entered a minute order [Dkt. 34] setting

3 Clearwire’s Motion for hearing on December 19, 2011, at 2:00 p.m.
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The parties have agreed to mediate their dispute, as well as other matters involving

5 Clearwire, the first week of January 2012.
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To allow the parties to focus attention on efforts to resolve their dispute amicably,

7 they ask the Court to continue the hearing on Clearwire’s Motion to Compel Arbitration, to be
8 reset if they fail to achieve a settlement, and to stay the case until after their mediation.
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Stipulated and respectfully submitted this 12th day of December, 2011.

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DAVIS WRIGHT TREMAINE LLP

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For Clearwire Corporation:

For Plaintiff:

DAVIS WRIGHT TREMAINE LLP

BAILLON THOME JOZWIAK MILLER & WANTA

13 By: /s/ Kenneth E. Payson____________ By: /s/ Bryce Miller (authorized on December 12, 2011)
Kenneth E. Payson (admitted pro hac
Bryce Miller (admitted pro hac vice)
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vice)
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Attorneys for Defendant
CLEARWIRE CORPORATION

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Of Attorneys for Plaintiff
SHARON NEWTON
ORDER

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IT IS SO ORDERED.

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The Court approves the parties’ stipulation and VACATES the December 19, 2011,

20 2:00 p.m. hearing on Clearwire’s Motion to Compel Arbitration.
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This matter is STAYED until January 12, 2012. At the expiration of that time the parties

22 shall submit a joint status report describing how they propose that this matter will proceed.
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DATED this 12th day of December 2011.

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STIPULATION & ORDER CONTINUING HEARING AND STAYING CASE
DWT 18652095v3 0065187-001084

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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DAVIS WRIGHT TREMAINE LLP

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Michael McShane ([e-mail])
Jonas Mann ([e-mail])
Audet & Partners, LLP
221 Main Street, Suite 1460
San Francisco, CA 94105
Bryce Miller ([e-mail])
Baillon Thome Jozwiak Miller & Wanta LLP
222 South Ninth Street, Suite 2955
Minneapolis, MN 55402
DATED this 12th day of December, 2011.

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s/ Kenneth E. Payson

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Kenneth E. Payson (admitted pro hac vice)
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 & ORDER CONTINUING HEARING AND STAYING CASE
DWT 18652095v3 0065187-001084

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