Walter et al v. Hughes Communications, Inc. et al

Filing 102

STIPULATION AND ORDER Regarding Defendants' Response to Fourth Amended Complaint. Signed by Judge Samuel Conti on 1/4/12. (tdm, COURT STAFF) (Filed on 1/4/2012)

1
2
3
4
5
6
7

Robert B. Hawk (SBN 118054)
J. Christopher Mitchell (SBN 215639)
HOGAN LOVELLS US LLP
525 University Avenue, 4th Floor
Palo Alto, California 94301
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants
HUGHES COMMUNICATIONS, INC.
and HUGHES NETWORK SYSTEMS, LLC

8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11

TINA WALTER, CHRISTOPHER BAYLESS,
and ERIC SCHUMACHER, individually and on
behalf of all others similarly situated,

12
Plaintiffs,
13
v.
14
15

CASE NO.: 09-CV-02136 SC
STIPULATION AND [PROPOSED]
ORDER REGARDING
DEFENDANTS’ RESPONSE TO
FOURTH AMENDED COMPLAINT
The Honorable Samuel Conti

HUGHES COMMUNICATIONS, INC. and
HUGHES NETWORK SYSTEMS, LLC,

16

Defendants.

17
18
19
20
21
22
23
24
25
26
27
28

STIPULATION AND ORDER REGARDING DEFENDANTS’ RESPONSE TO FOURTH AMENDED
COMPLAINT
CASE NO.: 09-CV-02136 SC

\\058224/000230 - 107452 v1

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

WHEREAS, on October 4, 2011, the Court entered, pursuant to stipulation of the parties,
an Order Regarding Withdrawal Without Prejudice of Defendants’ Motion to Dismiss, permitting
Hughes Communications, Inc. and Hughes Network Systems LLC (collectively, “Hughes”) to
withdraw their then-pending Motion to Dismiss Pursuant to the Federal Arbitration Act and
Alternative Motion to Dismiss and Strike ETF Claims (the “ previously-filed Motion to
Dismiss”), to allow Hughes and Plaintiffs to pursue settlement;
WHEREAS, on November 21, 2011, the Court, pursuant to stipulation, ordered that
Hughes time to dismiss, answer or otherwise respond to the Second Amended Complaint be
extended until (a) December 20, 2011, or (b) if Plaintiffs file a Motion for Preliminary Approval
of the Amended Settlement Agreement on or before December 7, 2011, twenty (20) days after the
Court rules on such motion;
WHEREAS, on December 7, 2011, Plaintiffs filed a Motion for Preliminary Approval of
[Amended and Restated] Settlement and Conditional Class Certification and a proposed Fourth
Amended Complaint;
WHEREAS, the Court has scheduled said Motion for Preliminary Approval to be heard at
10:00 a.m. on February 10, 2012;
WHEREAS the parties’ agree that the negotiation of and entry into an Amended
Settlement Agreement, and the filing of a Motion for Preliminary Approval, are without prejudice
to Hughes’ rights to raise any defense to (or to oppose the filing of) any complaint filed or
proposed to be filed by Plaintiffs, including the Fourth Amended Complaint;
WHEREAS, the parties agree that until the Court rules on Plaintiffs’ Motion for
Preliminary Approval, Hughes should, for purposes of efficiency, have no obligation to respond
to the proposed Fourth Amended Complaint;
IT IS HEREBY STIPULATED, by and between the parties through their respective
counsel, that Hughes’ time to move to dismiss, answer, oppose the filing of, or otherwise respond
to the Fourth Amended Complaint shall and hereby is extended until twenty (20) days after the

27
28

1
STIPULATION AND ORDER REGARDING DEFENDANTS’ RESPONSE TO FOURTH AMENDED
COMPLAINT
CASE NO.: 09-CV-02136 SC
\\058224/000230 - 107452 v1

1
2

Court rules on Plaintiffs’ Motion for Preliminary Approval, currently set for hearing on February
10, 2012.

3
4

IT IS SO STIPULATED.

5
6
Dated: December 21, 2011

HOGAN LOVELLS US LLP

7
By:

8

/s/____________
Robert B. Hawk

9
Attorneys for Defendants
HUGHES COMMUNICATIONS, INC. and
HUGHES NETWORK SYSTEMS LLC

10
11
12

Dated: December 21, 2011

BRAMSON, PLUTZIK, MAHLER &
BIRKHAEUSER, LLP

13
14

By:

/s/____
______
Jennifer S. Rosenberg

15

Attorneys for Plaintiffs

16
17
IT IS SO ORDERED.

1/4

D

RDERE

NO

amu

Judge S

RT

23

H

ER

24
25

FO

22

R NIA

OO
____________
IT IS S
Hon. Samuel J. Conti
United States District onti Judge
Court
el C

Dated: __________, 2011

LI

21

UNIT
ED

20

S DISTRICT
TE
C
TA

RT
U
O

S

19

A

18

N

F
D IS T IC T O
R

C

26
27
28
2
STIPULATION AND ORDER REGARDING DEFENDANTS’ RESPONSE TO FOURTH AMENDED
COMPLAINT CASE NO.: 09-CV-02136 SC
\\058224/000230 - 107452 v1

1
2
3
4

I, Robert B. Hawk, am the ECF User whose ID and password are being used to file this
Stipulation and [Proposed] Order Regarding Defendants’ Response to Fourth Amended
Complaint. In compliance with General Order 45, X.B., I hereby attest that Jennifer S. Rosenberg
has concurred in this filing.

5
6

DATED: December 21, 2011

HOGAN LOVELLS LLP

7
By
8

/s/
Robert B. Hawk

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
STIPULATION AND ORDER REGARDING DEFENDANTS’ RESPONSE TO FOURTH AMENDED
COMPLAINT CASE NO.: 09-CV-02136 SC
\\058224/000230 - 107452 v1