Newton v. Clearwire Corporation

Filing 55

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 8/7/13 ORDERING that this matter is STAYED until 2/5/2014. The parties shall file a Joint Status Report no later than 2/5/14. The Scheduling Conference is CONTINUED to 2/18/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb.(Mena-Sanchez, 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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SHARON NEWTON, individually and on
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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

JOINT STATUS REPORT AND STIPULATION
On February 4, 2013, the parties filed a Joint Status Report [Dkt. 52] advising the Court
that: (i) on December 20, 2012, the court in Dennings v. Clearwire Corporation, Case No. 2:10cv-01859-JLR (W.D. Wash.), entered a Settlement Order and Final Judgment granting final
approval of the parties’ settlement which, among other things, resolved the claims Ms. Newton
asserted in the above-captioned action; and (ii) on January 18, 2013, objectors Gordon Morgan
and Jeremy De La Gaza filed a Notice of Appeal of the Settlement Order and Final Judgment.

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JOINT STATUS REPORT, STIPULATION & ORDER CONTINUING STAY
DWT 22378304v1 0065187-001084

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

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On February 14, 2013, the Court entered an Order [Dkt. 53]: (i) vacating the scheduling

2 conference scheduled for February 19, 2013; (ii) staying this matter until August 5, 2013; and (iii)
3 ordering the parties to file a Joint Status Report no later than August 5, 2013.
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The parties, by and through their attorneys of record, provide this Joint Status Report

5 advising the Court that:
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On April 22, 2013, the Ninth Circuit granted plaintiffs’ motion for summary

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affirmance of the Dennings district court’s Settlement Order and Final Judgment;

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the summary affirmance order became final on June 3, 2013.

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On May 3, 2013, the Dennings district court granted class counsel’s motion for
attorneys’ fees and expenses.

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DAVIS WRIGHT TREMAINE LLP

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On June 3, 2013, objectors appealed that order. The objectors’ appeal from the

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order awarding fees remains pending.

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Because the fee award will determine the amount available to pay class members’

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claims, settlement payments will not be made until the Court resolves the pending

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appeal.

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The parties, therefore, respectfully request that the Court continue to stay this case pending

17 final affirmance on appeal of the fee award in Dennings, at which time the parties intend to file a
18 stipulation and proposed order with this Court dismissing this action with prejudice and without
19 award of costs to either party.
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Respectfully submitted this 5th day of August, 2013.

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For Clearwire Corporation:

For Plaintiff:

DAVIS WRIGHT TREMAINE LLP

AUDET & PARTNERS, LLP

24 By: /s/ Kenneth E. Payson____________ By: /s/ Jonas Mann (authorized on 8/5/13)
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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JOINT STATUS REPORT, STIPULATION AND PROPOSED ORDER
DWT 22378304v1 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 5,

4 2014. The parties shall file a Joint Status Report no later than February 5, 2014. The
5 Scheduling Conference is continued to February 18, 2014 at 2:00 p.m.
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Dated: August 7, 2013

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DAVIS WRIGHT TREMAINE LLP

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JOINT STATUS REPORT, STIPULATION AND PROPOSED ORDER
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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 5th day of August, 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 22378304v1 0065187-001084

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