Sims v. Cellco Partnership

Filing 68

ORDER CONTINUING CASE MANAGEMENT CONFERENCE PENDING SETTLEMENT AND SCHEDULING ORDER. The January 16, 2009 Case Management Conference is vacated. Plaintiff shall file a motion for preliminary approval by January 23, 2009, and shall notice the motion for hearing on February 6, 2009. Signed by Judge Maxine Chesney on January 14, 2009. (mmclc1, COURT STAFF) (Filed on 1/14/2009)

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DAN MARMALEFSKY (CA SBN 95477) [e-mail] PENELOPE A. PREOVOLOS (CA SBN 87607) GEOFFREY GRABER (CA SBN 211547) [e-mail] MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant CELLCO PARTNERSHIP, d/b/a VERIZON WIRELESS

UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 14 15 16 17 18 Defendant. 19 Complaint Filed: 20 21 22 23 24 25 26 27 28
STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE PENDING SETTLEMENT C-07-1510 MC sf-2627143

MICHELLE SIMS, individually, and on behalf of a class similarly situated individuals, Plaintiff, v. CELLCO PARTNERSHIP, d/b/a VERIZON WIRELESS, a Delaware general partnership,

Case No.

07-1510 MC

[Hon. Maxine Chesney] STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE PENDING SETTLEMENT

AND SCHEDULING ORDER
March 15, 2007

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WHEREAS, pursuant the parties' prior stipulation and the Court's Order, Defendant answered Plaintiff's Complaint on November 5, 2007; WHEREAS, pursuant to the parties' prior stipulation and the Court's Order, a Case Management Conference is scheduled for January 16, 2009; WHEREAS, on February 25, 2008, the parties participated in a mediation before Judge Infante of JAMS, in San Francisco, California; WHEREAS, as a result of the mediation, the parties have prepared and executed a comprehensive settlement agreement; WHEREAS, preliminary approval papers for the settlement have been prepared and have been withheld from filing awaiting a determination by the Hon. William Cahill (Ret.) as to the attorneys' fees and expenses to be paid under the settlement (under the terms of the settlement agreement, neither side can contest that decision, but it must be approved by the Court), the parties propose to file preliminary approval papers by January 23, 2009, and to set a preliminary approval hearing on January 30, 2009. IT IS HEREBY STIPULATED AND AGREED pursuant to Northern District Local Rules 6-2(a), 7-12, and 16-2(e), that: (a) the Case Management Conference currently scheduled for January 16, 2009, shall be vacated; (b) Plaintiff shall file a motion for preliminary approval by January 23, 2009; and (c) the Court shall hear the motion for preliminary approval on January 30, 2009, or such other date that the Court finds convenient.

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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE PENDING SETTLEMENT C-07-1510 MC sf-2627143

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SO STIPULATED. Dated: January 13, 2009 MORRISON & FOERSTER LLP

By:

/s/ Penelope Preovolos Penelope Preovolos Attorneys for Defendant VERIZON WIRELESS

Dated: January 13, 2009

KAMBEREDELSON, LLC

By:

/s/ Jay Edelson Jay Edelson Attorneys for Plaintiff MICHELLE SIMS

, PURSUANT TO STIPULATION, IT IS SO ORDERED. with the exception that plaintiff shall notice the motion for preliminary approval for hearing on February 6, 2009.
Dated: January 14, 2009 ___________________________________ Hon. Maxine Chesney United States District Court Judge GENERAL ORDER 45 ATTESTATION I, Penelope A. Preovolos, am the ECF user whose ID and password are being used to file this Stipulation and [Proposed] Order to Continue Case Management Conference. In compliance with General Order 45, I hereby attest that Jay Edelson of KamberEdelson has concurred in this filing. MORRISON & FOERSTER LLP

By:

/s/ Penelope Preovolos Penelope Preovolos Attorneys for Defendant VERIZON WIRELESS

STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE sf-2627143

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