Thomas v. Sprint Nextel Corporation et al

Filing 74

STIPULATION AND ORDER Continuing Case Management Conference. Case Management Conference set for 8/22/2011 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 06/13/2011. (tmi, COURT STAFF) (Filed on 6/14/2011)

1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
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A Limited Liability Partnership
Including Professional Corporations
FRED R. PUGLISI, Cal. Bar No. 121822
[e-mail]
VALERIE E. ALTER, Cal. Bar No. 239905
[e-mail]
1901 Avenue of the Stars, Suite 1600
Los Angeles, California 90067-6017
Telephone: [phone]
Facsimile: 310-228-3701

7 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
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A Limited Liability Partnership
Including Professional Corporations
JAMES J. MITTERMILLER, Cal. Bar No. 85177
[e-mail]
FRANK J. POLEK, Cal. Bar No. 167852
[e-mail]
501 West Broadway, 19th Floor
San Diego, CA 92101
Telephone: [phone]
Facsimile: 619-234-3815

13 Attorneys for Defendant,

SPRINT SOLUTIONS, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RUDOLPH THOMAS, Individually
17 and on behalf of all others similarly
situated,,
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Case No. CV 08 5119 TEH
STIPULATION & [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

Plaintiff,
v.

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SPRINT SOLUTIONS, INC., d/b/a
21 SPRINT, SPRINT PCS and/or
NEXTEL,
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Dept: 12
Judge: Hon. Thelton Henderson

Defendants.

[Complaint Filed: November 10, 2008]

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STIPULATION

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WHEREAS, on June 9, 2010, the Court entered an order scheduling a case

3 management conference on October 4, 2010 for control purposes, and ordered the
4 parties to advise the Court in a stipulated request to continue the case management
5 conference for not more than 120 days if the FCC matter has yet to be resolved by
6 that date;
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WHEREAS, on September 28, 2010, the Court entered an order continuing

9 the case management conference to January 31, 2011 at 1:30 p.m. and ordered that
10 the parties file a joint case management conference statement on or before
11 January 24, 2011;
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WHEREAS, on January 25, 2011, the Court entered an order continuing the

14 case management conference to April 25, 2011 at 1:30 p.m. and ordered that the
15 parties file a joint case management conference statement on or before April 18,
16 2011;
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WHEREAS, on April 19, 2011, the Court entered an order continuing the

19 case management conference to June 20, 2011 at 1:00 a.m. and ordered that the
20 parties file a joint case management conference statement on or before June 13,
21 2011;
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WHEREAS, the FCC matter has not yet been resolved as of the date of filing

24 of this Stipulation;
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The parties STIPULATE that the case management conference shall be

27 continued to August 22, 2011 at 1:30 p.m., or any date thereafter convenient for the
28 Court's calendar, unless the FCC resolves the matter prior to that date, in which case
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1 the parties will contact the Court within two weeks of the FCC’s ruling and request
2 a case management conference with this Court within the earliest reasonable time
3 frame.
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If and when Plaintiffs move to lift the stay in this matter, Sprint Solutions

6 will move to extend the stay and request that the Court refer Plaintiffs' claims to
7 arbitration in accordance with the provisions of Plaintiffs' contracts with Sprint
8 Solutions and the very recently decided case of AT&T Mobility, LLC v. Concepcion,
9 __ U.S. __, 131 S.Ct. 1740 (2011). Sprint Solutions understands that Plaintiffs will
10 oppose such a motion.
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12 Dated: June 13, 2011
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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

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By

/s Fred R. Puglisi

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FRED R. PUGLISI
Attorneys for Defendant
SPRINT SOLUTIONS, INC.

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Dated: June 13, 2011
Meade & Schrag LLP

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By

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/s Michael Schrag
Attorneys for Plaintiffs
RUDOLPH THOMAS and ASHLEE SMITH

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[PROPOSED] ORDER

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The Case Management Conference currently set for June 20, 2011 is

4 continued to August 22, 2011 at 1:30 p.m.;
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The parties shall meet and confer and file a joint case management conference

7 statement on or before August 8, 2011.
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IT IS SO ORDERED.

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Dated: June 13 2011
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Judge Thelton

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___________________________
Honorable Thelton E. Henderson
United States DistrictdJudge
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