Gellis v. Verizon Communications, Inc. et al

Filing 95

ORDER by Judge Jeffrey S. White DENYING AS MOOT 79 Motion for Certificate of Appealability; and GRANTING 89 Motion to Stay. (jswlc3, COURT STAFF) (Filed on 7/10/2009)

Case3:07-cv-03679-JSW Document89-1

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HENRY WEISSMANN (SBN 132418) [e-mail] HOJOON HWANG (SBN 184950) [e-mail] JASON A. RANTANEN (SBN 229404) [e-mail] MUNGER, TOLLES & OLSON LLP 560 Mission Street Twenty-Seventh Floor San Francisco, CA 94105-2907 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant CELLCO PARTNERSHIP (D/B/A VERIZON WIRELESS) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

JOSEPH RUWE and ELIZABETH ORLANDO, Individually and on behalf of all others similarly situated, Plaintiffs, vs. CELLCO PARTNERSHIP, d/b/a VERIZON WIRELESS, Defendants.

CASE NO. C 07-03679 JSW [PROPOSED] ORDER GRANTING DEFENDANT'S MOTION FOR STAY DATE: July 17, 2009 TIME: 9:00 a.m. PLACE: Courtroom 11, 19th Floor JUDGE: Hon. Jeffrey S. White The Honorable Jeffrey S. White

7874748.1

[PROPOSED] ORDER GRANTING DEFENDANTS' MOTION FOR STAY CASE NO. C 07-03679 JSW

Case3:07-cv-03679-JSW Document89-1

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7874748.1

[PROPOSED] ORDER Defendant Cellco Partnership d/b/a Verizon Wireless ("Verizon Wireless") has moved the Court for an order staying this matter pending the outcome of proceedings before the Federal Communications Commission ("FCC") on whether state-law challenges to late fees are preempted by federal law. After considering the briefs, the arguments and all other materials properly presented to this Court, the Court concludes that this litigation should be stayed pending the outcome of the FCC proceedings. The Court finds that a stay is warranted pursuant to the primary jurisdiction doctrine. The Court also concludes that it is appropriate to exercise its inherent discretion to stay this matter. Accordingly, the Court HEREBY STAYS this Action pending the outcome of In light of the stay, the motion for proceedings before the Federal Communications Commission. certification of orders is DENIED as moot and the hearing set for IT IS SO ORDERED. Friday, July 17, 2009 is VACATED. DATED: July 10, 2009 _______________________ JEFFREY S. WHITE, JUDGE UNITED STATES DISTRICT COURT

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[PROPOSED] ORDER GRANTING DEFENDANTS' MOTION FOR STAY CASE NO. C 07-03679 JSW