Prather v. AT&T Inc. et al

Filing 51

ORDER regarding hearing date and briefing schedule re 48 Stipulation, filed by Sprint Nextel Corp., Qwest Communications International, Inc., Set/Reset Deadlines as to 48 Stipulation,. D's answer/response by motion to complaint due 1/17/2012. Responses due by 2/28/2012. Replies due by 3/20/2012. Motion Hearing set for 4/20/2012 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Case Management Statement due by 1/27/2012. Initial Case Management Conference set for 2/3/2012 08:30 AM in Courtroom 6, 17th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 1/3/2012. (beS, COURT STAFF) (Filed on 1/4/2012)

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David F. Taylor, Bar No. 129654
[e-mail]
PERKINS COIE LLP
1201 Third Avenue, Suite 4800
Seattle, WA 98101-3099
Telephone: [phone]
Facsimile: 206.359.9000
Farschad Farzan, Bar No. 215194
[e-mail]
PERKINS COIE LLP
Four Embarcadero Center, Suite 2400
San Francisco, CA 94111-4131
Telephone: [phone]
Facsimile: 415.344.7050
Attorneys for Defendant
SPRINT NEXTEL CORPORATION and QWEST
COMMUNICATIONS INTERNATIONAL INC.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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JOHN C. PRATHER on behalf of himself and
the UNITED STATES OF AMERICA and the
several states of CALIFORNIA, DELAWARE,
FLORIDA, ILLINOIS, INDIANA,
MASSACHUSETTS, NEVADA, NEW
HAMPSHIRE, NEW JERSEY, NEW
MEXICO, NEW YORK, RHODE ISLAND,
VIRGINIA, as well as the DISTRICT OF
COLUMBIA,

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Case No. 3:09-cv-2457 (CRB)
JOINT STIPULATION AND [PROPOSED]
ORDER REGARDING HEARING DATE
AND BRIEFING SCHEDULE FOR
DEFENDANTS’ RESPONSES TO
RELATOR’S COMPLAINT AND CASE
MANAGEMENT CONFERENCE

Plaintiff/Realtor,
v.
AT&T INC., CELLCO PARTNERSHIP d/b/a
VERIZON COMMUNICATIONS, QWEST
COMMUNICATIONS INTERNATIONAL
INC., SPRINT NEXTEL CORPORATION,
and TELEPHONE AND DATA SYSTEMS,
INC.,
Defendants.

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JOINT STIPULATION AND [PROPOSED] ORDER
CASE NO. CV-09 2457 CRB
13141-0862/LEGAL22381519.1

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Relator John C. Prather and Defendants AT&T Inc. (“AT&T”), Cellco Partnership d/b/a

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Verizon Wireless (“Verizon”), Qwest Communications International Inc. (“Qwest”), Sprint Nextel

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Corporation (“Sprint”), and Telephone and Data Systems, Inc. (“TDS”) (collectively, “Defendants”),

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by and through their respective counsel and subject to the approval of the Court, hereby stipulate as

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follows:

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WHEREAS, Relator filed the initial complaint (“Complaint”) in the above-referenced matter
on June 3, 2009, and the matter was assigned to the Hon. Bernard Zimmerman.
WHEREAS, on November 29, 2011, the Court entered an order providing that AT&T,
Verizon, Sprint, and TDS shall answer or respond to the Complaint on January 17, 2012 and setting
a briefing schedule and hearing date for their motions (Dkt. No. 22);
WHEREAS, on November 30, 2011, the Court reassigned this matter to the Hon. Charles R.

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Breyer and ordered that “[a]ll matters presently scheduled for hearing are vacated and should be

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renoticed for hearing” (Dkt. No. 30);

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WHEREAS, Defendant Qwest appeared in this action through its counsel on December 13,

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2011, and has agreed with Relator, subject to the Court’s approval, to respond to the Complaint on

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the same schedule applicable to the other Defendants;

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WHEREAS, the Initial Case Management Conference in this matter is scheduled for January

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13, 2012 at 8:30 a.m., and the joint case management statement is due not less than seven days prior

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to the conference; and

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WHEREAS, Relator and Defendants further agree that by entering into this stipulation,

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Defendants do not waive any defenses or submit to the jurisdiction of the Court;

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NOW, THEREFORE, subject to the approval of the Court, Relator and Defendants stipulate as

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follows:

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1.

The Initial Case Management Conference, currently scheduled for January 13, 2012,

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is continued to February 3, 2012 at 8:30 a.m. before the Honorable Charles C. Breyer, and the joint

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case management statement is due not less than seven days prior to the conference;

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JOINT STIPULATION AND [PROPOSED] ORDER
CASE NO. CV-09 2457 CRB
13141-0862/LEGAL22381519.1

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2.

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January 17, 2012;

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3.

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Defendant Qwest will answer or respond by motion to the Complaint on or before

Relator shall file any opposition(s) to each of Defendants’ Motion(s) on or before

February 28, 2012;

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4.

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March 20, 2012;

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5.

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Defendants shall file any reply brief(s) in support of their Motion(s) on or before

Defendants’ Motion(s) will be heard on April 20, 2012 at 10:00 a.m.

IT IS SO STIPULATED

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Dated: December 23, 2011

BALESTRIERE FARIELLO

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By: /s/ John G. Balestriere
John G. Balestriere
Attorneys for Plaintiff John C. Prather

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Dated: December 23, 2011

SIDLEY AUSTIN LLP

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By: /s/ Douglas A. Axel
Douglas A. Axel
Attorneys for Defendant AT&T Inc.

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Dated: December 23, 2011

MUNGER, TOLLES & OLSON LLP

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By: /s/ Jerome C. Roth
Jerome C. Roth
Attorneys for Defendant Cellco Partnership
d/b/a Verizon Wireless

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Dated: December 23, 2011

PERKINS COIE LLP

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By: /s/ David F. Taylor
David F. Taylor
Attorneys for Defendants Sprint Nextel
Corporation and Qwest Communications
International Inc.

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JOINT STIPULATION AND [PROPOSED] ORDER
CASE NO. CV-09 2457 CRB
13141-0862/LEGAL22381519.1

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Dated: December 23, 2011

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SIDLEY AUSTIN LLP

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By: /s/ Richard J. O’Brien
Richard J. O’Brien
Attorneys for Defendant Telephone and Data
Systems, Inc.

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JOINT STIPULATION AND [PROPOSED] ORDER
CASE NO. CV-09 2457 CRB
13141-0862/LEGAL22381519.1

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R. Brey

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Judge C

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IT IS S

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______________________________________
Hon. Charles R. Breyer
United States District DERED
Court

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Dated: _______________
January 3, 2012

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PURSUANT TO STIPULATION, IT IS SO ORDERED

UNIT
ED

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