Newton v. Clearwire Corporation

Filing 43

STIPULATION and ORDER signed by Judge William B. Shubb on 2/21/2012 STAYING case until 2/28/2012. At the expiration of that time, the parties shall submit a joint status report describing how they propose that this matter will proceed. (Michel, G)

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 March 16, 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 19041263v1 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) staying the case until January 12, 2012, to allow the parties to mediate their
3 dispute, as well as other matters involving Clearwire; (ii) vacating the hearing on Clearwire’s
4 Motion to Compel Arbitration [Dkt. 18]; and (iii) directing the parties to submit a joint status
5 report 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.

On January 13, 2012, the parties requested [Dkt. 40] and the Court granted

9 [Dkt. 41] an extension of the stay to allow settlement discussions to continue.

DAVIS WRIGHT TREMAINE LLP

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4.

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

11 on resolving this dispute amicably, they jointly ask the Court to stay the case until February 28,
12 2012.
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Stipulated and respectfully submitted this 17th day of February, 2012.

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For Clearwire Corporation:

For Plaintiff:

DAVIS WRIGHT TREMAINE LLP

BAILLON THOME JOZWIAK MILLER & WANTA

17 By: /s/ Kenneth E. Payson____________ By: /s/ Bryce Miller (authorized on February 17, 2012)
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

Of Attorneys for Plaintiff
SHARON NEWTON

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STIPULATION & ORDER CONTINUING STAY
DWT 19041263v1 0065187-001084

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

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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 28,

4 2012. At the expiration of that time the parties shall submit a joint status report describing how
5 they propose that this matter will proceed.
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DATED this 21st day of February 2012.

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DAVIS WRIGHT TREMAINE LLP

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STIPULATION & ORDER CONTINUING STAY
DWT 19041263v1 0065187-001084

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

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CERTIFICATE OF SERVICE

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DAVIS WRIGHT TREMAINE LLP

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I hereby certify that on this day, I caused to be electronically filed the foregoing document
with the Clerk of the Court using the CM/ECF system which will send notification of such filing
to the following counsel of record:
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 17th day of February, 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 19041263v1 0065187-001084

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