Hepting et al v. AT&T Corp. et al

Filing 215

Proposed Order re 213 Notice (Other) [PROPOSED] CASE MANAGEMENT ORDER NUMBER 1 by Gregory Hicks, Erik Knutzen, Tash Hepting, Carolyn Jewel. (Scarlett, Shana) (Filed on 6/14/2006)

Hepting et al v. AT&T Corp. et al

Doc. 215

1 ELECTRONIC FRONTIER FOUNDATION CINDY COHN (145997) 2 [e-mail] LEE TIEN (148216) 3 [e-mail] KURT OPSAHL (191303) 4 [e-mail] KEVIN S. BANKSTON (217026) 5 [e-mail] CORYNNE MCSHERRY (221504) 6 [e-mail] JAMES S. TYRE (083117) 7 [e-mail] 454 Shotwell Street 8 San Francisco, CA 94110 Telephone: [phone] (fax) 10 Attorneys for Plaintiffs [Additional counsel appear on signature page.] 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 TASH HEPTING, GREGORY HICKS, ) No. C-06-00672-VRW 14 CAROLYN JEWEL and ERIK KNUTZEN, on ) Behalf of Themselves and All Others Similarly ) CLASS ACTION 15 Situated, ) ) [PROPOSED] CASE MANAGEMENT 16 Plaintiffs, ) ORDER NUMBER 1 ) 17 vs. ) ) 18 AT&T CORP., et al. ) ) 19 Defendants. ) ) 20 21 22 23 24 25 26 27 28

Dockets.Justia.com

1

WHEREAS, the related actions Hepting, et al. v. AT&T Corp., et al., Case No. C-06-00672-

2 VRW (filed January 31, 2006) and Roe, et al. v. AT&T Corp., et al., Case No. C-06-03467-VRW 3 (filed May 30, 2006) (collectively, "Actions") are pending before this Court; 4 WHEREAS, it is anticipated that additional related actions may be transferred to, removed

5 to, or filed in this Court; and 6 WHEREAS, the existence of common questions of law and fact in the Actions now pending

7 before this Court, the interests of fair and efficient administration of the Actions, and the avoidance 8 of unnecessary duplicative efforts warrants the coordination of the Actions, the appointment of 9 interim class counsel, and good cause appearing therefor; 10 11 I. 12 IT IS HEREBY ORDERED AS FOLLOWS: COORDINATION AND TREATMENT OF SUBSEQUENT ACTIONS 1. The Court finds that Hepting, et al. v. AT&T Corp., et al., Case No. C-06-00672-

13 VRW and Roe, et al. v. AT&T Corp., et al., Case No. C-06-03467-VRW (referred to herein as the 14 "Coordinated Action") are related actions and such cases are hereby coordinated for pretrial 15 purposes to prevent duplication and conflicts. 16 2. The terms of this Order shall apply to actions later instituted in, removed to, or

17 transferred to this Court that involve the same or substantially similar issues of law and fact, subject 18 to the following procedures: 19 (a) When such a case is filed in, removed to, or transferred to this Court, the

20 Clerk of the Court shall: 21 22 (i) (ii) place a copy of this Order in the separate file for such action; provide a copy of this Order by mail or electronically pursuant to the

23 local rules to counsel for plaintiff(s) in the newly filed or transferred action and to any defendant(s) 24 in the newly filed or transferred action; and 25 26 (b) (iii) make an appropriate entry on the docket for the Coordinated Action.

Each new case that arises out of the subject matter of the Coordinated Action

27 which is filed in this Court or transferred to this Court, shall be coordinated with the Coordinated 28 Action and this Order shall apply thereto, unless a party in such newly-filed or transferred action
[PROPOSED] CASE MANAGEMENT ORDER NUMBER 1 - C-06-00672-VRW

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1 objects to coordination, as provided for herein, or to any provision of this Order, within ten days 2 after the date upon which a copy of this Order is served on counsel for such party, by filing an 3 application for relief and this Court deems it appropriate to grant such application. 4 3. Counsel shall call to the attention of the Court and the Clerk the filing or transfer of

5 any case which might properly be coordinated with the Coordinated Action. Mailing or other 6 delivery of a copy of this Order by defendants' counsel or plaintiffs' Interim Class Counsel (see II., 7 below), as appropriate, to the counsel in any newly filed or transferred actions shall constitute valid 8 notice thereof for purposes of establishing its applicability to such action in accordance herewith. 9 II. 10 RESPONSIBILITIES OF PLAINTIFFS' INTERIM CLASS COUNSEL 1. Under Federal Rule of Civil Procedure 23(g)(2), Interim Class Counsel, shall be the

11 Electronic Frontier Foundation. Interim Class Counsel, acting on behalf of plaintiffs, shall have the 12 following duties: 13 (a) To coordinate all proceedings, including preparing, structuring, and presenting

14 pretrial and other management-related orders; 15 16 (b) (c) To encourage full cooperation and efficiency among all counsel; To create any necessary committees, appoint committee chairs, and otherwise

17 delegate responsibilities for specific tasks in a manner to assure that pretrial and trial preparation is 18 conducted effectively, efficiently, and economically; 19 (d) To delegate work responsibilities and monitor the activities of counsel to

20 assure that schedules are met and unnecessary expenditures of time and expense are avoided; 21 22 (e) (f) To act as or designate spokespersons at all court conferences; To call meetings of themselves and/or other counsel as appropriate or

23 necessary from time to time; 24 25 defendant(s); 26 (h) To determine plaintiffs' position on all matters arising during this litigation (g) To initiate and conduct settlement negotiations with counsel for the

27 (after such consultation with other counsel as they deem appropriate) and present such position 28 orally and/or in writing to the Court and opposing parties;
[PROPOSED] CASE MANAGEMENT ORDER NUMBER 1 - C-06-00672-VRW

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1 2 3 4 5 attorneys; 6

(i) (j) (k) (l)

To consult with and employ experts, as necessary; To initiate, coordinate, and conduct discovery; To represent plaintiffs at trial and on any appeal of this matter; To negotiate and execute agreements with local counsel or other cooperating

(m)

To enter into stipulations with opposing counsel as necessary for the conduct

7 of the litigation; and 8 (n) To perform such other duties as are necessary in connection with the

9 prosecution of this litigation. 10 2. Interim Class Counsel shall be the contact between plaintiffs' counsel and defendants'

11 counsel as well as the spokespersons for plaintiffs' counsel, unless otherwise agreed to between the 12 parties. All agreements reached with the Interim Class Counsel shall be binding on all other 13 plaintiffs' counsel in the Coordinated Action. 14 3. No motion or request for discovery shall be served or filed by plaintiffs, or other

15 pretrial proceedings initiated by plaintiffs, except by or with the authorization of Interim Class 16 Counsel. 17 4. The responsibilities set forth in this section applies to all plaintiffs' counsel in the

18 Coordinated Action, including any action subsequently governed by this Order. 19 5. No communications among plaintiffs' counsel shall be taken as a waiver of any

20 privilege or protection to which they would otherwise be entitled. 21 22 23 24 25 26 27 28
[PROPOSED] CASE MANAGEMENT ORDER NUMBER 1 - C-06-00672-VRW

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1 III. 2

MODIFICATION OF THIS ORDER This Order may be modified, supplemented, or superseded by order of the Court upon motion

3 of any party for good cause shown. 4 5 6 7 8 9 10 DATED: June 14, 2006 11 ELECTRONIC FRONTIER FOUNDATION CINDY COHN 12 LEE TIEN KURT OPSAHL 13 KEVIN S. BANKSTON CORYNNE MCSHERRY 14 JAMES S. TYRE 15 16 /s/ CINDY COHN IT IS SO ORDERED. DATED: _________________________ THE HONORABLE VAUGHN R. WALKER UNITED STATES DISTRICT JUDGE * * ORDER *

17 454 Shotwell Street San Francisco, CA 94110 18 Telephone: [phone] (fax) 19 TRABER & VOORHEES 20 BERT VOORHEES THERESA M. TRABER 21 128 North Fair Oaks Avenue, Suite 204 Pasadena, CA 91103 22 Telephone: [phone] (fax) 23 LERACH COUGHLIN STOIA GELLER 24 RUDMAN & ROBBINS LLP REED R. KATHREIN 25 JEFF D. FRIEDMAN SHANA E. SCARLETT 26 MARIA V. MORRIS 100 Pine Street, Suite 2600 27 San Francisco, CA 94111 Telephone: [phone] (fax)
[PROPOSED] CASE MANAGEMENT ORDER NUMBER 1 - C-06-00672-VRW

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LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP ERIC ALAN ISAACSON 3 655 West Broadway, Suite 1900 San Diego, CA 92101 4 Telephone: [phone] (fax) 5 LAW OFFICE OF RICHARD R. WIEBE 6 RICHARD R. WIEBE 425 California Street, Suite 2025 7 San Francisco, CA 94104 Telephone: [phone] (fax) 9 HELLER EHRMAN LLP ROBERT D. FRAM 10 MICHAEL M. MARKMAN 333 Bush Street, Suite 3100 11 San Francisco, CA 94104-2878 Telephone: [phone] (fax) 13 Attorneys for Plaintiffs 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
[PROPOSED] CASE MANAGEMENT ORDER NUMBER 1 - C-06-00672-VRW

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CERTIFICATE OF SERVICE I hereby certify that on June 14, 2006, I electronically filed the foregoing with the Clerk of

3 the Court using the CM/ECF system which will send notification of such filing to the e-mail 4 addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I have 5 mailed the foregoing document or paper via the United States Postal Service to the non-CM/ECF 6 participants indicated on the attached Manual Notice List. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ SHANA E. SCARLETT LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 100 Pine Street, 26th Floor San Francisco, CA 94111 Telephone: [phone] (fax) E-mail: [e-mail] I, Shana E. Scarlett, am the ECF User whose ID and password are being used to file this [PROPOSED] CASE MANAGEMENT ORDER NUMBER 1. In compliance with General Order 45, X.B., I hereby attest that Cindy A. Cohn has concurred in this filing.
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