Valentine et al v. Nebuad, Inc. et al

Filing 125

STIPULATION AND ORDER re 124 Stipulation filed by Bresnan Communications. Signed by Judge Edward M. Chen on 5/26/09. (bpf, COURT STAFF) (Filed on 5/26/2009)

Case 3:08-cv-05113-TEH

Document 124

Filed 05/21/2009

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1 THOMAS R. BURKE (CA State Bar No. 141930) DAVIS WRIGHT TREMAINE LLP 2 One Embarcadero Center, Suite 600 San Francisco, California 94111 3 Telephone: [phone] Facsimile: [phone] [e-mail] 4 Email: 5 JOHN D. SEIVER (admitted Pro Hac Vice) ADAM S. CALDWELL (admitted Pro Hac Vice) 6 RONALD G. LONDON (admitted Pro Hac Vice) ELIZABETH A. DROGULA (admitted Pro Hac Vice) 7 DAVIS WRIGHT TREMAINE LLP 1919 Pennsylvania Avenue, NW, Suite 200 8 Washington, DC 20006 Telephone: [phone] [phone] 9 Facsimile: Email: [e-mail] 10 Attorneys for Defendant BRESNAN COMMUNICATIONS, INC. 11 [ADDITIONAL PARTIES AND COUNSEL 12 LISTED ON SIGNATURE PAGES] 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Stipulation and [Proposed] Order Rescheduling Initial Case Management Conference Case No. C08 05113 TEH (EMC)

DAVIS WRIGHT TREMAINE LLP

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION DAN VALENTINE, et al., Plaintiffs, vs. NEBUAD, INC., et al. Defendants.
STIPULATION REGARDING TIME FOR FILING REPLIES AND [PROPOSED] ORDER EXTENDING TIME FOR FILING REPLIES ON DEFENDANTS PENDING MOTIONS

Case No. C08 05113 TEH (EMC)

Complaint Filed: November 10, 2008 Trial Date: None Set

Case 3:08-cv-05113-TEH

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Filed 05/21/2009

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Pursuant to Local Rule 6-1, Plaintiffs, Defendants Bresnan Communications, Cable One, CenturyTel, Embarq, Knology, and WOW! (collectively, the ISP Defendants ), and Defendant NebuAd hereby stipulate and agree as follows: 1. This putative class action complaint proceeding was filed on November 10,

6 2008. On December 22, 2008 Defendant NebuAd filed a motion to dismiss. (DE # 4) On January 30, 7 ISP Defendants each filed Motions to Dismiss (DE ## 40, 44, 51, 52) and Defendant Bresnan filed a 8 9 10
2. Hearings on these motions were originally noticed for March 9. On February Motion to Compel Arbitration. (DE # 42)

11 13 Plaintiffs filed their Motion for Jurisdictional Discovery (DE # 64) which was noticed for hearing

DAVIS WRIGHT TREMAINE LLP

12 on March 23. Plaintiffs thereafter filed oppositions to Defendant NebuAd s and the ISP Defendants 13 motions, referencing their Motion for Jurisdictional Discovery (DE ## 65, 66 and 67) 14 15
3. The Court then stayed the Defendants motions (DE # 70) and on February 20

16 referred the Plaintiffs Motion for Jurisdictional Discovery to Magistrate Judge Edward Chen. 17 (DE #71) Judge Chen rescheduled the hearing on Plaintiffs Motion for Jurisdictional Discovery to 18 March 25. (DE #72) 19 20
4. After hearing, and by Order dated March 26, 2009 (DE # 90), Judge Chen

21 ruled that Plaintiffs could take jurisdictional discovery of Defendant NebuAd informally, which was to 22 be completed within thirty (30) days of the Order. (DE # 90, ¶ 1) Judge Chen also directed Plaintiffs 23 to file their oppositions to the motions to dismiss within forty-five (45) days of the Order and that the 24 ISP Defendants file their replies 14 days thereafter. (DE # 90, ¶ 4) 25 26
5. Plaintiffs filed their consolidated Opposition to the ISP Defendants Motions to

27 Dismiss, and Declaration of Alan Himmelfarb in redacted form on May 8, 2009. (DE # #110, 111) 28
Stipulation and [Proposed] Order Rescheduling Initial Case Management Conference

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Case No. C08 05113 TEH (EMC)

Case 3:08-cv-05113-TEH

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Plaintiffs served the unredacted version on May 11, 2009, and filed the unredacted version under seal

2 on May 12, 2009. (DE # 120) Because Bresnan sought to keep the briefing schedule on its motion to 3 compel arbitration the same as the motions to dismiss, Plaintiffs filed their opposition to Bresnan s 4 motion to compel arbitration on May 8, 2009 (DE # 109). Thereafter, Defendant NebuAd filed a 5 Notice of Assignment for the Benefit of Creditors (DE # 118), a Motion to Stay proceedings (DE 6 # 122), and NebuAd s counsel filed a motion to withdraw as attorney. (DE # 121) The Court, per 7 8 9
further discovery of NebuAd. Magistrate Chen, also scheduled a conference call for May 19, 2009 (DE # 119) on issues raised by Plaintiffs letter of May 17, 2009 (DE # 117) with respect to NebuAd s Notice of Assignment and

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DAVIS WRIGHT TREMAINE LLP

6.

On the existing schedule, the ISP Defendants replies would be due May 22,

12 2009. In order to consider the impact of Defendant NebuAd s filings, the ISP Defendants asked for 13 14 15 16
7. Accordingly, the Parties hereby stipulate that the time for the ISP Defendants and Plaintiffs agreed to a short extension of time to file their replies in support of the pending motions. This was raised during the telephone conference. The motions have not yet been noticed for hearing.

17 to file their replies in support of the motions to dismiss is extended to May 28, 2009. 18 19 20 21 Dated: May 21, 2009 22 23 24 25 26 27 28
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Stipulation and [Proposed] Order Rescheduling Initial Case Management Conference Case No. C08 05113 TEH (EMC)

Dated: May 21, 2009

By:

/s/ Alan Himmelfarb KAMBEREDELSON LLC Attorneys for Plaintiffs /s/ John D. Seiver DAVIS WRIGHT TREMAINE LLP Attorneys for Defendant BRESNAN COMMUNICATIONS /s/ Simon J. Frankel COVINGTON & BURLING LLP Attorneys for Defendant CABLE ONE

By:

Dated: May 21, 2009

By:

Case 3:08-cv-05113-TEH

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1 2 3 4 5 6 7 8 Dated: May 21, 2009 9 10 11
By: /s/ Thomas E. Gilbertsen KELLEY DRYE & WARREN LLP Attorney for Defendant NebuAd, Inc. Dated: May 21, 2009 By: Dated: May 21, 2009 By: /s/ David A. Handzo JENNER & BLOCK, LLP Attorneys for Defendants CENTURY TEL and EMBARQ /s/ Troy Sauro PERKINS COIE LLP Attorneys for Defendants KNOLOGY and WOW!

DAVIS WRIGHT TREMAINE LLP

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[PROPOSED] ORDER

13 14 Pursuant to the above stipulation, IT IS SO ORDERED. 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Stipulation and [Proposed] Order Rescheduling Initial Case Management Conference Case No. C08 05113 TEH (EMC)

May 26 Dated: _____________, 2009

___________________________ The Hon. Edward M. Chen United States Magistrate Judge