Sims v. AT&T Mobility Services, LLC

Filing 38

ORDER signed by Judge John A. Mendez on 11/12/2014 ORDERING the hearing on Plaintiff's Motion for Class Certification is CONTINUED to 2/25/2015 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez; Plaintiff's deadline to file his M otion is hereby CONTINUED to 1/28/2015; Defendant AT&T Mobility Services LLC shall file its opposition to Motion, and Plaintiff shall file his reply in support of the Motion, according to Rule 230 of this Court' Local Rules; and the parties shall file an updated joint status report within 30 days of the Court' ruling on Plaintiff' Motion. (Reader, L)

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GEORGE W. ABELE (SB# 149846)
[e-mail]
CAMERON W. FOX (SB# 218116)
[e-mail]
MARIO C. ORTEGA (SB# 272455)
[e-mail]
PAUL HASTINGS LLP
515 South Flower Street
Twenty-Fifth Floor
Los Angeles, CA 90071-2228
Telephone: [phone]
Facsimile: 1(213) 627-0705
HALEY M. MORRISON (SB# 259913)
[e-mail]
PAUL HASTINGS LLP
4747 Executive Drive
12th Floor
San Diego, CA 92121
Telephone: [phone]
Facsimile: 1(858) 458-3005
Attorneys for Defendant
AT&T MOBILITY SERVICES LLC
[Counsel for Plaintiff listed on following page]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PHILLIP SIMS, individually and on
behalf of all others similarly situated,
Plaintiff,

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vs.

CASE NO. 2:12-cv-2702-JAM-AC
STIPULATION TO CONTINUE
HEARING AND BRIEFING
SCHEDULE ON PLAINTIFF’S
MOTION FOR CLASS
CERTIFICATION

AT&T MOBILITY SERVICES LLC, a
Delaware limited liability company;
and DOES 1 through 10, inclusive,
Defendants.

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STIPULATION TO CONTINUE
HEARING AND BRIEFING SCHEDULE
ON MOTION FOR CLASS CERTIFICATION

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Dimitrios V. Korovilas (SB# 247230)
Jason M. Wucetich (SB# 222113)
Wucetich & Korovilas LLP
222 North Sepulveda Boulevard, Suite 2000
El Segundo, CA 90245
Telephone: [phone]
Facsimile: [phone]
Thomas W. Falvey (SB# 65744)
Michael H. Boyamian (SB# 256107)
Law Offices of Thomas W. Falvey
550 North Brand Boulevard, Suite 1500
Glendale, CA 91203
Telephone: [phone]
Facsimile: [phone]
Marvin E. Krakow (SB# 81228)
Michael S. Morrison (SB# 205320)
Alexander Krakow & Glick LLP
401 Wilshire Boulevard, Suite 1000
Santa Monica, CA 90401
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
PHILLIP SIMS

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LEGAL_US_W # 80296311.1

STIPULATION TO CONTINUE
HEARING AND BRIEFING SCHEDULE
ON MOTION FOR CLASS CERTIFICATION

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STIPULATION

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Plaintiff Phillip Sims (“Plaintiff”) and Defendant AT&T Mobility

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Services LLC (“AT&T,” or the “Company”), through their respective counsel,

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hereby stipulate and request as follows:

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WHEREAS, on April 2, 2014, the Court issued a minute order:

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(1) setting Plaintiff’s contemplated motion for class certification (the “Motion”) for

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hearing on October 15, 2014; (2) directing Plaintiff to file his Motion no later than

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September 17, 2014; (3) ordering the parties to file their opposition and reply briefs

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“in accord with Local Rule 230”; and (4) directing the parties to file an updated

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joint status report “[w]ithin 30 days of the Court[’]s ruling on the motion for class

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certification.”

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WHEREAS, based on the parties’ stipulation, the Court has since

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continued the hearing on Plaintiff’s Motion to December 17, 2014, and continued

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Plaintiff’s deadline to file his Motion, to November 19, 2014.

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WHEREAS, settlement discussions are ongoing, and the parties
require additional time to explore a potential resolution of this matter.

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WHEREAS, the parties agree that an extension of the class

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certification deadlines, by approximately 60 days, will not prejudice either of the

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parties.

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WHEREAS, the parties expect they will know by January 2015

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whether or not this dispute will be settled, and thus do not anticipate any further

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requests for a continuance of the class certification deadlines.

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NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND
REQUEST as follows:
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That the Court continue the hearing on Plaintiff’s Motion, from

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December 17, 2014 to February 17, 2015, or some date thereafter that is convenient

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for the Court;
-1LEGAL_US_W # 80296311.1

STIPULATION TO CONTINUE
HEARING AND BRIEFING SCHEDULE
ON MOTION FOR CLASS CERTIFICATION

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2.

That the Court continue Plaintiff’s deadline to file his Motion,

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from November 19, 2014 to a date that is approximately 28 days prior to the new

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hearing date; and

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3.

That the Court direct the parties to file their opposition and reply

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briefs “in accord with Local Rule 230,” and to file an updated joint status report

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“[w]ithin 30 days of the Court[’]s ruling on the motion for class certification,” as

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the Court previously directed in its April 2, 2014 order.

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IT IS SO STIPULATED.

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DATED: November

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, 2014 PAUL HASTINGS LLP
GEORGE W. ABELE
CAMERON W. FOX
HALEY M. MORRISON
MARIO C. ORTEGA

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By:

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MARIO C. ORTEGA

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Attorneys for Defendant
AT&T MOBILITY SERVICES LLC

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DATED: November

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, 2014 LAW OFFICES OF THOMAS W. FALVEY
ALEXANDER KRAKOW + GLICK LLP
WUCETICH & KOROVILAS LLP

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By:
MICHAEL S. MORRISON

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Attorneys for Plaintiff
PHILLIP SIMS

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-2LEGAL_US_W # 80296311.1

STIPULATION TO CONTINUE
HEARING AND BRIEFING SCHEDULE
ON MOTION FOR CLASS CERTIFICATION

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PHILLIP SIMS, individually and on
behalf of all others similarly situated,
Plaintiff,

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vs.

CASE NO. 2:12-cv-2702-JAM-AC
ORDER CONTINUING HEARING
AND BRIEFING SCHEDULE ON
PLAINTIFF’S MOTION FOR
CLASS CERTIFICATION

AT&T MOBILITY SERVICES LLC, a
Delaware limited liability company;
and DOES 1 through 10, inclusive,
Defendants.

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ORDER CONTINUING HEARING AND
BRIEFING SCHEDULE ON PLAINTIFF’S
MOTION FOR CLASS CERTIFICATION

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ORDER

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On the parties’ Stipulation, and good cause appearing therefor, IT IS
HEREBY ORDERED that:

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1.

is hereby continued from December 17, 2014 to February 25, 2015, at 9:30 a.m.;

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The hearing on Plaintiff’s motion for class certification (the “Motion”)

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Plaintiff’s deadline to file his Motion is hereby continued from

November 19, 2014 to January 28, 2015;

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3.

Defendant AT&T Mobility Services LLC shall file its opposition to

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Plaintiff’s Motion, and Plaintiff shall file his reply in support of the Motion,

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according to Rule 230 of this Court’s Local Rules; and

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4.

The parties shall file an updated joint status report within 30 days of

the Court’s ruling on Plaintiff’s Motion.

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IT IS SO ORDERED.

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DATED: November 12, 2014

/s/ John A. Mendez____________
HON. JOHN A. MENDEZ
United States District Court Judge

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Submitted by:
PAUL HASTINGS LLP
GEORGE W. ABELE
CAMERON W. FOX
HALEY M. MORRISON
MARIO C. ORTEGA
By:

___ _/s/ Mario C. Ortega_____
MARIO C. ORTEGA

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-1LEGAL_US_W # 80296448.1

ORDER CONTINUING HEARING AND
BRIEFING SCHEDULE ON PLAINTIFF’S
MOTION FOR CLASS CERTIFICATION