Newton v. Clearwire Corporation

Filing 53

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 2/14/2013 52 staying the action until 8/5/2013. The parties shall file a Joint Status Report no later than 8/5/2013. The Scheduling Conference is reset for 8/19/2013 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, 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
JOINT STATUS REPORT, STIPULATION,
AND [PROPOSED] ORDER STAYING
ACTION AND VACATING SCHEDULING
CONFERENCE

JOINT STATUS REPORT AND STIPULATION
On October 29, 2012, the Court entered an Order [Dkt. 51]: (i) staying this matter until
January 21, 2013; (ii) setting a Scheduling Conference for February 19, 2013; and (iii) ordering
the parties to file a Joint Status Report no later than February 4, 2013.
The parties, by and through their attorneys of record, provide this Joint Status Report
advising the Court that: (i) on December 20, 2012, the court in Dennings v. Clearwire
Corporation, Case No. 2:10-cv-01859-JLR (W.D. Wash.), entered a Settlement Order and Final
Judgment granting final approval of the parties’ settlement which, among other things, resolved
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JOINT STATUS REPORT, STIPULATION & ORDER CONTINUING STAY
DWT 21095101v1 0065187-001084

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

1 the claims Ms. Newton asserted in the above-captioned action; and (ii) on January 18, 2013,
2 objectors Gordon Morgan and Jeremy De La Gaza filed a Notice of Appeal of the Settlement
3 Order and Final Judgment.
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The parties, therefore, respectfully request that the Court vacate the Scheduling Conference

5 set for February 19, 2013, and stay this case pending final affirmance on appeal of the Settlement
6 Order and Final Judgment in Dennings, at which time the parties intend to file a stipulation and
7 proposed order with this Court dismissing this action with prejudice and without award of costs to
8 either party.
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Respectfully submitted this 4th day of February, 2013.

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DAVIS WRIGHT TREMAINE LLP

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For Clearwire Corporation:

For Plaintiff:

DAVIS WRIGHT TREMAINE LLP

AUDET & PARTNERS, LLP

13 By: /s/ Kenneth E. Payson____________ By: /s/ Jonas Mann (authorized on 2/4/13)
Kenneth E. Payson (admitted
Jonas Mann
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pro hac vice)
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Attorneys for Defendant
CLEARWIRE CORPORATION

Of Attorneys for Plaintiff
SHARON NEWTON

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ORDER

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IT IS SO ORDERED.
The Court (i) APPROVES the parties’ stipulation; (ii) VACATES the Scheduling
Conference set for February 19, 2013, and (iii) STAYS this matter until August 5, 2013. The
parties shall file a Joint Status Report no later than August 5, 2013. The Scheduling Conference is
reset for August 19, 2013 at 2:00 p.m.

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DATED this 14th day of February 2013.

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JOINT STATUS REPORT, STIPULATION AND PROPOSED ORDER
DWT 21095101v1 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 4th day of February, 2013.

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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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JOINT STATUS REPORT, STIPULATION AND PROPOSED ORDER
DWT 21095101v1 0065187-001084

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