McMurray et al v Verizon Communications Inc et al

Filing 28

STIPULATION AND ORDER AS TO AT&T INC & BELLSOUTH CORP'S MOTION TO DISMISS TAKEN OFF CALENDAR the Court's 6/3/2009 motion calendar re Stipulation filed by AT&T Corp., BellSouth Corporation. Signed by Judge Vaughn R Walker on 5/15/2009. (cgk, COURT STAFF) (Filed on 5/15/2009)

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SIDLEY AUSTIN LLP David W. Carpenter* Bradford A. Berenson* David L. Lawson* Edward R. McNicholas* Eric A. Shumsky #206164 1501 K Street, N.W. Washington, DC 20005 Tel: [phone] Fax: [phone] [e-mail] PILLSBURY WINTHROP SHAW PITTMAN LLP Bruce A. Ericson #76342 Jacob R. Sorensen #209134 Marc H. Axelbaum #209855 50 Fremont Street Post Office Box 7880 San Francisco, CA 94120 Tel.: [phone] Fax: [phone] [e-mail] Attorneys for Specially Appearing Defendants AT&T Inc. and BellSouth Corporation

BRUCE I. AFRAN, Esq. 10 Braeburn Drive Princeton, NJ 08540 Telephone: [phone] MAYER LAW GROUP, LLC Carl J. Mayer 66 Witherspoon Street, Suite 414 Princeton, NJ 08542 Telephone: [phone] Facsimile: [phone] THE LAW OFFICES OF STEVEN E. SCHWARZ, ESQ., LLC Steven E. Schwarz, Esq. 2461 W. Foster Ave., #1W Chicago, IL 60625 Telephone: [phone] Facsimile: [phone] Attorneys for the Plaintiffs

* admitted pro hac vice

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re: NATIONAL SECURITY AGENCY TELECOMMUNICATIONS RECORDS LITIGATION MDL Dkt. No. 06-1791-VRW JOINT STIPULATION REGARDING AT&T INC. & BELLSOUTH CORP.'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION; [PROPOSED] ORDER Date: Time: Courtroom: Judge: This Document Relates To: McMurray v. Verizon Communications, Inc., et al., No. 09-cv-0131-VRW June 3, 2009 10:30 a.m. 6, 17th Floor Hon. Vaughn R. Walker

Joint Stipulation and [Proposed] Order Regarding AT&T Inc. and BellSouth Corporation's Motion to Dismiss Amended Complaint MDL No. 06-1791-VRW

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RECITALS AT&T Defendants have filed two motions to dismiss plaintiffs' Complaint

(Dkt. 1), both of which currently are pending. B. On March 16, 2009, telecommunication carrier defendants, including AT&T

Inc. and BellSouth Corporation, moved to dismiss the plaintiffs' Complaint for failure to state a claim upon which relief can be granted. See Mot. to Dismiss under Fed. R. Civ. P. 12(b)(6) (Dkt. 588). That same day, Specially Appearing Defendants AT&T Inc. and BellSouth Corporation moved to dismiss the plaintiffs' Complaint for lack of personal jurisdiction. See Mot. to Dismiss Under Fed. R. Civ. P. 12(b)(2) (Dkt. 584). C. Both motions are currently scheduled to be heard on June 3, 2009. This

stipulation concerns the latter motion, Docket Item No. 584. D. On May 7, 2009, plaintiffs filed a "Response to AT&T Inc. and BellSouth

Corporations' Motion to Dismiss for Lack of Jurisdiction" (Dkt. 613). In it, they principally argued that, just as this Court "administratively terminated" without prejudice other motions to dismiss for lack of personal jurisdiction that previously were filed in this MDL (Dkt. 379), the Court should take similar action here. STIPULATION Plaintiffs and Specially Appearing Defendants hereby stipulate as follows: A. In order to promote the efficient handling of this matter, the parties have

agreed they do not object to the Court taking the pending motion to dismiss for lack of personal jurisdiction (Dkt. 584) off of the Court's argument calendar and deferring a decision on it. B. The parties further agree that by reaching this agreement AT&T Inc. and

BellSouth Corporation have not waived their personal jurisdiction objections, that any delay in deciding the personal jurisdiction motion as a result of this agreement shall not be asserted or held to prejudice those objections, and that by reaching this agreement no party has waived any argument presented in the briefing in connection with the pending motion 1
Joint Stipulation and [Proposed] Order Regarding AT&T Inc. and BellSouth Corporation's Motion to Dismiss Amended Complaint MDL No. 06-1791-VRW

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to dismiss for lack of personal jurisdiction. In addition, because of the filing of this stipulation AT&T Inc. and BellSouth Corporation have not filed their reply brief in support of their motion to dismiss, and the parties agree that AT&T Inc. and BellSouth Corporation retain their right to do so when the motion is restored to this Court's argument calendar. D. The parties further agree that by reaching this agreement, plaintiffs have not

waived whatever rights to amend their complaints to add additional or substitute parties in the future that they otherwise would have, and that delay in deciding the personal jurisdictional motion as a result of this agreement shall not be asserted or held to prejudice any such amendments. E. The parties undertake that, if any party subsequently concludes that it is no

longer appropriate to defer resolution of the motion to dismiss, that party will promptly notify the other parties and then the Court. Respectfully submitted, Dated: May 13, 2009 SIDLEY AUSTIN LLP David W. Carpenter (pro hac vice) Bradford A. Berenson (pro hac vice) David L. Lawson (pro hac vice) Edward R. McNicholas (pro hac vice) Eric A. Shumsky #206164 1501 K Street, N.W. Washington, DC 20005 Tel: [phone] Fax: [phone] [e-mail] By: /s/ Bradford A. Berenson Bradford A. Berenson PILLSBURY WINTHROP SHAW PITTMAN LLP Bruce A. Ericson #76342 Jacob R. Sorensen #209134 Marc H. Axelbaum #209855 50 Fremont Street Post Office Box 7880 San Francisco, CA 94120 Tel.: [phone] Fax: [phone] [e-mail] 2
Joint Stipulation and [Proposed] Order Regarding AT&T Inc. and BellSouth Corporation's Motion to Dismiss Amended Complaint MDL No. 06-1791-VRW

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Attorneys for Specially Appearing Defendants AT&T Inc. and BellSouth Corporation THE LAW OFFICES OF STEVEN E. SCHWARZ, ESQ., LLC Steven E. Schwarz, Esq. 2461 W. Foster Ave., #1W Chicago, IL 60625 Telephone: [phone] Facsimile: [phone] By: /s/ Steven E. Schwarz Steven E. Schwarz BRUCE I. AFRAN, Esq. 10 Braeburn Drive Princeton, NJ 08540 Telephone: [phone] MAYER LAW GROUP, LLC Carl J. Mayer 66 Witherspoon Street, Suite 414 Princeton, NJ 08542 Telephone: [phone] Facsimile: [phone] Attorneys for the Plaintiffs

DECLARATION PURSUANT TO GENERAL ORDER 45, § X.B I, Marc H. Axelbaum, hereby declare pursuant to General Order 45, § X.B, that I have obtained the concurrence in the filing of this document from the signatories listed above. I declare under penalty of perjury that the foregoing declaration is true and correct. Executed on May 13, 2009, at San Francisco, California.

By: /s/ Marc H. Axelbaum Marc H. Axelbaum Attorney for Specially Appearing Defendants AT&T Inc. and BellSouth Corporation

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[PROPOSED] ORDER Pursuant to the foregoing Stipulation, and good cause appearing, the Court ORDERS the following: A. The motion of Specially Appearing Defendants AT&T Inc. and BellSouth

Corporation to dismiss for lack of personal jurisdiction (Dkt. 584) is hereby taken off of the Court's June 3, 2009 argument calendar. B. If any party subsequently concludes that it is no longer appropriate to defer

resolution of the motion to dismiss, that party will promptly notify the other parties and then the Court. C. By reaching the foregoing Stipulation: (1) Specially Appearing Defendants AT&T Inc. and BellSouth Corporation have not waived their personal jurisdiction objections; (2) any delay in deciding the personal jurisdiction motion as a result of the foregoing Stipulation shall not be asserted or held to prejudice those objections; (3) no party has waived any argument presented in the briefing in connection with the pending motion; (4) Specially Appearing Defendants AT&T Inc. and BellSouth Corporation retain their right to file a reply brief in support of the motion if and when it is restored to this Court's argument calendar; (5) Plaintiffs have not waived whatever rights to amend their complaints to add additional or substitute parties in the future that they otherwise would have; and

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(6) any delay in deciding the personal jurisdictional motion as a result of the foregoing Stipulation shall not be asserted or held to prejudice any such amendments. PURSUANT TO STIPULATION, IT IS SO ORDERED. May 15 Dated: ____________, 2009.

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