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

Filing 59

STIPULATION AND ORDER Continuing Status Conference set for 12/3/2011 to 1/21/2011 10:00 AM in Courtroom 1, 17th Floor, San Francisco and Extending Time for Defendant to Respond to Plaintiffs' Second Amended Complaint. Signed by Judge Samuel Conti on 11/18/10. (tdm, COURT STAFF) (Filed on 11/18/2010)

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

Doc. 59

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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] 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 STATUS CONFERENCE AND EXTENDING TIME FOR DEFENDANT TO RESPOND TO PLAINTIFFS' SECOND AMENDED COMPLAINT

WHEREAS, on March 23, 2010, and August 17, 2010, the Parties participated in full and productive days of mediation with the Hon. Ronald Sabraw (Ret.), at the JAMS offices in San Francisco, California, followed by a teleconference with the mediator on October 19, 2010; WHEREAS, the Parties are continuing to negotiate the terms of a settlement via telephonic and written correspondence, and believe that agreement will be reached and a comprehensive stipulation of settlement, subject to Court approval, will be agreed upon in time to permit a January 7, 2011 filing of a Motion for Preliminary Approval of Settlement; WHEREAS, Plaintiffs intend to seek Defendants' consent to file and expect to file prior to January 7, 2011 a Second Amended Consolidated Class Action Complaint (hereafter, "Second Amended Complaint"), alleging a nation-wide class;

STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE AND EXTENDING TIME FOR DEFENDANT TO RESPOND TO PLAINTIFFS' SECOND AMENDED COMPLAINT
Dockets.Justia.com

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WHEREAS, in order to allow the Parties sufficient time to focus and reach agreement on final terms of a settlement, to draft and execute a comprehensive written stipulation of settlement, and to prepare a Motion for Preliminary Approval, the Parties respectfully request that the Court adjust current case deadlines as follows: Counsel will file a motion for preliminary approval of settlement on or before January 7, 2011, with the hearing on that motion to be set on January 21; the case management conference, currently calendared for December 3, 2010, will also be set for January 21, 2011; Defendants' deadline to respond to the operative Complaint in this matter, currently set for November 19, 2010, will be extended, such that Defendants will respond to the Second Amended Complaint on or before January 28, 2011; IT IS HEREBY STIPULATED, by and between the Parties through their respective counsel, that 1. The Trial Setting Conference currently calendared for December 3, 2010 is hereby continued to January 21, 2011, at 10:00 a.m., in Courtroom 1, 17th Floor, at which time the Court will hear the Motion for Preliminary Approval of Settlement; 2. Counsel shall file their briefs seeking Preliminary Approval of Settlement by January 7, 2011; 3. Defendant shall respond to the Second Amended Complaint by January 28, 2011. AUDET & PARTNERS, LLP /s/ Joshua C. Ezrin Attorneys for Plaintiffs HOGAN LOVELLS US, LLP By: /s/ Robert B. Hawk Attorneys for Defendants
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IT IS SO STIPULATED. Dated: November 12, 2010 By:

Dated: November 12, 2010

PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED TES DISTRICT
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THE HONORABLE SAMUELi CONTI t
STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE AND EXTENDING TIME ER C N FOR DEFENDANT TO RESPOND TO PLAINTIFFS' SECOND AMENDED COMPLAINT OF D
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Judge S

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Dated: November 18, 2010

IT IS S

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I, Joshua C. Ezrin, am the ECF User whose ID and password are being used to file this Stipulation And [Proposed] Order Re Continuing Status Conference Hearing And Extending Time For Defendant To Respond To Plaintiffs' Second Amended Consolidated Class Action Complaint. In compliance with General Order 45, X.B., I hereby attest that Robert Hawk, counsel for HUGHES COMMUNICATIONS, INC. and HUGHES NETWORK SYSTEMS, LLC concurred in this filing.

Dated: November 12, 2010 By:

AUDET & PARTNERS, LLP /s/ Joshua C. Ezrin

STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE AND EXTENDING TIME FOR DEFENDANT TO RESPOND TO PLAINTIFFS' SECOND AMENDED COMPLAINT