Newton v. Clearwire Corporation

Filing 41

STIPULATION and ORDER signed by Judge William B. Shubb on 1/13/2012 ORDERING 40 The Court APPROVES the parties; stipulation and STAYS this matter until 2/12/2012. The parties shall submit a joint status report describing how they propose that this matter will proceed on or before 2/13/2012. (Reader, L)

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
JOINT STATUS REPORT, STIPULATION
AND [PROPOSED] ORDER CONTINUING
STAY

JOINT STATUS REPORT AND STIPULATION
Plaintiff Sharon Newton and Defendant Clearwire Corporation, by and through their
counsel, provide this joint status report and stipulate to the following and request that the Court
stay this matter until February 13, 2012, so the parties can continue their settlement discussions,
which remain ongoing following their formal mediation. 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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JOINT STATUS REPORT, STIPULATION & ORDER CONTINUING STAY
DWT 18829126v3 0065187-001084

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

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1.

On December 12, 2011, the Court entered an order [Dkt. 39] approving the parties’

2 stipulation and (i) stayed the case until January 12, 2012, to allow the parties to mediate their
3 dispute, as well as other matters involving Clearwire; (ii) vacated the hearing on Clearwire’s
4 Motion to Compel Arbitration [Dkt. 18]; and (iii) directed the parties to submit a joint status report
5 at the expiration of the stay.
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2.

The parties engaged in formal mediation on January 4 and 5, 2012, and their

7 settlement discussions from that mediation remain ongoing.
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3.

To allow the parties to continue their settlement discussions and focus their efforts

9 on resolving this dispute amicably, they jointly ask the Court to stay the case until February 13,
10 2012.

DAVIS WRIGHT TREMAINE LLP

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Stipulated and respectfully submitted this 12th day of January, 2012.

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For Clearwire Corporation:

For Plaintiff:

DAVIS WRIGHT TREMAINE LLP

BAILLON THOME JOZWIAK MILLER & WANTA

15 By: /s/ Kenneth E. Payson____________
Kenneth E. Payson (admitted pro hac
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vice)

By: /s/ Bryce Miller (authorized on January 12, 2012)
Bryce Miller (admitted pro hac 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 STAYS this matter until February 13,

22 2012. The parties shall submit a joint status report describing how they propose that this matter
23 will proceed on or before February 13, 2012.
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DATED this 12th day of January 2012.

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STIPULATION & ORDER CONTINUING STAY
DWT 18829126v3 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 January, 2012.

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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 STAY
DWT 18829126v3 0065187-001084

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