Newton v. Clearwire Corporation

Filing 57

STIPULATION and ORDER 56 signed by Senior Judge William B. Shubb on 12/6/13 ORDERING this case DISMISSED with prejudice and without award of costs to either party. CASE CLOSED (Kastilahn, A)

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]
4
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.
10

DAVIS WRIGHT TREMAINE LLP

11
IN THE UNITED STATES DISTRICT COURT

12

EASTERN DISTRICT OF CALIFORNIA

13
14

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

16
17

vs.

18 CLEARWIRE, INC.,
19

Defendant.

20

JOINT STATUS REPORT AND STIPULATION

21
22
23
24
25
26
27
28

) Case No. 2:11-cv-00783-WBS-DAD
)
) JOINT STATUS REPORT, STIPULATION,
) AND ORDER DISMISSING ACTION
)
)
)
)
)
)
)

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’ class action 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.
1
JOINT STATUS REPORT, STIPULATION & ORDER DISMISSING ACTION
DWT 20537243v2 0065187-001084

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

1

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
3 (iii) ordering the parties to file a Joint Status Report no later than August 5, 2013.
4

On August 5, 2013, the parties filed a Joint Status Report [Dkt. 54] advising the Court that:

5 (i) on April 22, 2013, the Ninth Circuit granted plaintiffs’ motion for summary affirmance of the
6 Dennings district court’s Settlement Order and Final Judgment; (ii) the summary affirmance order
7 became final on June 3, 2013; (iii) on May 3, 2013, the Dennings district court granted class
8 counsel’s motion for attorneys’ fees and expenses; and (iv) on June 3, 2013, objectors appealed
9 that order. The parties asked the Court to continue to stay this case pending final affirmance on
10 appeal of the fee award in Dennings.

DAVIS WRIGHT TREMAINE LLP

11

On August 7, 2013, the Court entered an order [Dkt. 55]: (i) staying the action until

12 February 5, 2014; and (ii) ordering the parties to file a Joint Status Report no later than
13 February 5, 2014.
14

The parties, by and through their attorneys of record, provide this Joint Status Report

15 advising the Court that:
16

On June 28, 2013, Dennings Plaintiffs filed a motion for summary affirmance of

17

the district court’s order awarding attorneys’ fees and expenses;

18

On September 9, 2013, the Ninth Circuit granted Dennings Plaintiffs’ motion for

19

summary affirmance;

20

On September 19, 2013, the Dennings parties and objectors filed a stipulation

21

dismissing the appeal without award of costs;

22

On September 27, 2013, the Ninth Circuit issued an order that the parties should

23

bear their own costs on appeal pursuant to their stipulation;

24

On October 2, 2013, the Ninth Circuit issued its mandate, making effective its

25

September 9, 2013, order granting summary affirmance.

26
27
28
2
JOINT STATUS REPORT, STIPULATION AND PROPOSED ORDER
DWT 20537243v2 0065187-001084

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

1

With the settlement approval process in Dennings now having reached its conclusion, the

2 parties stipulate and jointly request that the Court dismiss this action with prejudice and without
3 award of costs to either party.
4

Respectfully submitted this 6th day of December, 2013.

5
6
7

For Clearwire Corporation:

For Plaintiff:

DAVIS WRIGHT TREMAINE LLP

AUDET & PARTNERS, LLP

8 By: /s/ Kenneth E. Payson____________ By: /s/ Jonas Mann (authorized on 12/6/13)
Kenneth E. Payson (admitted
Jonas Mann
9
pro hac vice)
10

DAVIS WRIGHT TREMAINE LLP

11

Attorneys for Defendant
CLEARWIRE CORPORATION

Of Attorneys for Plaintiff
SHARON NEWTON

12
ORDER

13
IT IS SO ORDERED.

14

This action is hereby DISMISSED with prejudice and without award of costs to either

15
16
17

party.
Dated: December 18, 2013

18
19
20
21
22
23
24
25
26
27
28
3
JOINT STATUS REPORT, STIPULATION AND PROPOSED ORDER
DWT 20537243v2 0065187-001084

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

1
2

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:
5
6
7
8
9
10

DAVIS WRIGHT TREMAINE LLP

11

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 6th day of December, 2013.

12
13

s/ Kenneth E. Payson

14

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]

15
16
17
18
19
20
21
22
23
24
25
26
27
28

4
JOINT STATUS REPORT, STIPULATION AND PROPOSED ORDER
DWT 20537243v2 0065187-001084

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