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

Filing 50

STIPULATION AND ORDER Continuing Hearing on Motion to Dismiss from 5/7/10 to 9/3/10 Set/Reset Deadlines as to 45 MOTION to Dismiss and Strike Portions of Second Amended Consolidated Class Action Complaint., STIPULATION AND ORDER Motion Hearing set for 9/3/2010 10:00 AM in Courtroom 1, 17th Floor, San Francisco.. Signed by Judge Samuel Conti on April 7, 2010. (tdm, COURT STAFF) (Filed on 4/7/2010)

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William M. Audet (CA State Bar #117456) [e-mail] Joshua C. Ezrin (CA State Bar #220157) [e-mail] AUDET & PARTNERS, LLP 221 Main Street, Suite 1460 San Francisco CA 94105 Telephone: [phone] Facsimile: [phone] Alan R. Plutzik (CA State Bar No. 077785) [e-mail] Jennifer S. Rosenberg (CA State Bar No. 121023) [e-mail] BRAMSON, PLUTZIK, MAHLER & BIRKHAEUSER, LLP 2125 Oak Grove Road, Suite 120 Walnut Creek, CA 95498 Telephone: [phone] Facsimile: [phone] Harris L. Pogust (PA Bar No. 52721) [e-mail] Derek T. Braslow (PA Bar No. 78994) [e-mail] POGUST, BRASLOW & MILLROOD, LLC 161 Washington Street, Suite 1520 Conshohocken, PA 19428 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs and the Proposed Class UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA TINA WALTER, CHRISTOPHER BAYLESS and ERIC SCHUMACHER, individually and on behalf of others similarly situated, Plaintiff, v. HUGHES COMMUNICATIONS, INC. and HUGHES NETWORK SYSTEMS, LLC, Defendants. CASE NO: 09-CV-02136 SC STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MOTION TO DISMISS Date: Time: Courtroom: May 7, 2010 10:00 a.m. 1, 17th Floor

The Honorable Samuel Conti

C-09-2136-SC

1 STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MOTION TO DISMISS

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WHEREAS, on March 18, 2010, Defendants HUGHES COMMUNICATIONS, INC. and HUGHES NETWORK SYSTEMS, LLC, (hereinafter, "Defendant") filed a Motion to Dismiss and Strike Portions of the Second Amended Consolidated Class Action Complaint, currently set for hearing on May 7, 2010; WHEREAS, the Opposition to Defendant's Motion is due to be filed with this Court on or before April 16, 2010; WHEREAS, any Reply to Defendant's Opposition to the Motion is due to be filed with this Court on or before April 23, 2010; WHEREAS, on March 23, 2010, the Parties participated in a full and productive day of mediation with the Hon. Ronald Sabraw (Ret.), at the JAMS offices in San Francisco, California, at which time the basic framework of a class wide settlement to this matter was discussed; WHEREAS the Parties have agreed to exchange drafts of proposed settlement agreements prior to their return to JAMS for another mediation session with Judge Sabraw on July 8, 2010; WHEREAS, to allow the Parties an opportunity to meaningfully continue their discussions regarding the possible settlement of this matter, the Parties agree that the hearing on the Motion to Dismiss should be continued until after the July 8 mediation session; IT IS HEREBY STIPULATED, by and between the Parties through their respective counsel, that the hearing on the Motion to Dismiss currently scheduled for May 7, 2010 shall be continued until September 3, 2010 at 10:00 a.m., and further stipulated that the briefing schedule be continued accordingly to August 13, 2010 for the Opposition and August 20, 2010 for the Reply. IT IS SO STIPULATED. Dated: April 7, 2010 AUDET & PARTNERS, LLP By: /s/ Joshua C. Ezrin Attorneys for Plaintiffs

C-09-2136-SC

2 STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MOTION TO DISMISS

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Dated: April 7, 2010

HOGAN & HARTSON LLP By: /s/ Robert B. Hawk Attorneys for Defendants HUGHES COMMUNICATIONS, INC. and HUGHES NETWORK SYSTEMS LLC

PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED.

Dated: April

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THE HONORABLE SAMUEL CONTI
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Judge S amuel C onti

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C-09-2136-SC

3 STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MOTION TO DISMISS

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