Valentine et al v. Nebuad, Inc. et al

Filing 33

Second STIPULATION AND ORDER extending time for responsive pleadings. Signed by Judge Thelton E. Henderson on 01/15/09. (rbe, COURT STAFF) (Filed on 1/16/2009)

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SIMON J. FRANKEL (State Bar No. 171552) E-Mail: [e-mail] E. DANIEL ROBINSON (State Bar No. 254458) E-Mail: [e-mail] COVINGTON & BURLING LLP One Front Street, 35th Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant CABLE ONE [ADDITIONAL PARTIES AND COUNSEL LISTED ON SIGNATURE PAGES] UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION DAN VALENTINE, DALE MORTENSEN, MELISSA BECKER, SAMUEL GREEN, SHERRON RIMPSEY, CHARLOTTE MIRANDA, FRANK MIRANDA, SAUL DERMER, WAYNE COPELAND, CRYSTAL REID, ANDREW PAUL MANARD, KATHLEEN KIRCH, TERRY KIRCH, NEIL DEERING, PAUL DRISCOLL, individuals, on behalf of themselves and all others similarly situated, Plaintiffs, v. NEBUAD, INC., a Delaware Corporation; BRESNAN COMMUNICATIONS, a New York Corporation; CABLE ONE, a Delaware Corporation; CENTURYTEL, a Texas Corporation; EMBARQ, a Delaware Corporation; KNOLOGY, a Delaware Corporation; WOW!, a Delaware Corporation; AND JOHN DOES 1-20, corporations Defendants. Defendants Civil Case No.: CV-08-5113 (TEH) SECOND STIPULATION REGARDING TIME FOR RESPONSIVE PLEADINGS AND [PROPOSED] ORDER EXTENDING TIME FOR RESPONSIVE PLEADINGS The Honorable Thelton E. Henderson

SECOND STIPULATION REGARDING TIME FOR RESPONSIVE PLEADINGS AND [PROPOSED] ORDER EXTENDING TIME FOR RESPONSIVE PLEADINGS Civil Case No.: CV-08-5113 (TEH)

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Pursuant to Local Rule 6-1, Plaintiffs and Defendants Bresnan Communications, Cable One, CenturyTel, Embarq, Knology, and WOW! (collectively, the "ISP Defendants") hereby stipulate and agree as follows: 1. The time for the ISP Defendants to file a responsive pleading or

otherwise respond to Plaintiffs' Complaint is extended to January 30, 2009. 2. The ISP Defendants agree to use their best efforts to ensure that they are

not required to file a responsive pleading or otherwise respond to any other complaint that arises out of the facts alleged in this action until 5 days after they have filed a responsive pleading or other response to Plaintiffs' Complaint in this case. If, notwithstanding such best efforts, an ISP Defendant's motion to any court for an extension of the time in which to file its responsive pleading or other response to another complaint is denied, ISP Defendants agree to file their responsive pleading or other response in this case at least 1 day before their responsive pleading or other response in the other case.

Dated: January 14, 2009

By:

/s/ Alan Himmelfarb KAMBEREDELSON LLC Attorneys for Plaintiffs

Dated: January 14, 2009

By:

/s/ Thomas R. Burke DAVIS WRIGHT TREMAINE LLP Attorneys for Defendant BRESNAN COMMUNICATIONS

Dated: January 14, 2009

By:

/s/ Simon J. Frankel COVINGTON & BURLING LLP Attorneys for Defendant CABLE ONE

SECOND STIPULATION REGARDING TIME FOR RESPONSIVE PLEADINGS AND [PROPOSED] ORDER EXTENDING TIME FOR RESPONSIVE PLEADINGS Civil Case No.: CV-08-5113 (TEH)

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Dated: January 14, 2009

By:

/s/ C. Brandon Wisoff FARELLA, BRAUN & MARTEL LLP David A. Handzo JENNER & BLOCK, LLP Attorneys for Defendants CENTURY TEL and EMBARQ

Dated: January 14, 2009

By:

/s/ David T. Biderman PERKINS COIE LLP Attorneys for Defendants KNOLOGY and WOW!

[PROPOSED] ORDER Pursuant to the above stipulation, IT IS SO ORDERED. 01/15/09 Dated:__________________

UNIT ED

ICT SD ______________________________________ TE C TA The Hon. Thelton E. Henderson United States District Judge
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SECOND STIPULATION REGARDING TIME FOR RESPONSIVE PLEADINGS AND [PROPOSED] ORDER EXTENDING TIME FOR RESPONSIVE PLEADINGS Civil Case No.: CV-08-5113 (TEH)

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