Prather v. AT&T Inc. et al

Filing 85

ORDER re 84 STIPULATION WITH PROPOSED ORDER Regarding Amendment of Relator's Complaint and Defendants' Responses to the Amended Complaint filed by AT&T Inc., John C. Prather, Cellco Partnership, Sprint Nextel Corp., Qwe st Communications International, Inc. Amended Pleadings due by 7/18/2012. Meet and confer re response date and descovery schedule no later than 8/1/2012, proposed scheduling order or if parties cannot agree, their respective positions re response date and discovery schedule by 8/8/2012. Signed by Judge Charles R. Breyer on 5/25/2012. (beS, COURT STAFF) (Filed on 5/25/2012)

Case3:09-cv-02457-CRB Document84 Filed05/23/12 Page1 of 6

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John Balestriere*
BALESTRIERE FARIELLO
225 Broadway, Suite 2900
New York, NY 10007
Email: [e-mail]
Telephone: [phone]
Facsimile: [phone]
* Admitted Pro Hac Vice

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David J. Miclean (SBN 115098)
MICLEAN GLEASON LLP
100 Marine Parkway, Suite 310
Redwood Shores, CA 94065
Email: [e-mail]
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff-Relator

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(Additional counsel listed on signature page)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA, ex rel.,
JOHN C. PRATHER, et al.

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Plaintiff-Relator

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vs.

CASE NO. C 09-02457 CRB
STIPULATION AND [PROPOSED]
ORDER REGARDING AMENDMENT
OF RELATOR’S COMPLAINT AND
DEFENDANTS’ RESPONSES TO THE
AMENDED COMPLAINT

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

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STIPULATION AND [PROPOSED] ORDER
C 09-02457 CRB

Case3:09-cv-02457-CRB Document84 Filed05/23/12 Page2 of 6

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Relator John C. Prather (“Relator”) and Defendants AT&T Inc. (“AT&T”), Cellco

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Partnership d/b/a Verizon Wireless (“Verizon”), Qwest Communications International

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Inc. (“Qwest”), and Sprint Nextel Corporation (“Sprint”), (collectively, “Defendants”),

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

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stipulate as follows:

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WHEREAS, the Defendants filed a joint motion to dismiss (“the Motion”)

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Relator’s complaint (“the Complaint”) based on Federal Rules of Civil Procedure 9(b),

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12(b)(1), and 12(b)(6) on January 18, 2012 (Dkt. No. 63);

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WHEREAS, at the hearing for the Motion on April 20, 2012, the Court granted the

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Motion with leave to amend (Dkt. No. 80) and permitted discovery on issues raised in

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the Motion concerning subject matter jurisdiction;

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WHEREAS, Relator intends to file his amended complaint (“the Amended
Complaint”) on or before July 18, 2012, a date to which Defendants have consented;

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WHEREAS, the parties have agreed that Defendants have no duty to respond to

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the Amended Complaint until the parties, subsequent to the filing of the Amended

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Complaint, meet and confer over a response date and discovery schedule on the issue of

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whether the Amended Complaint is barred for lack of subject matter jurisdiction, submit

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a scheduling proposal to the Court, and a response date is entered;

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WHEREAS, the parties have agreed that they will meet and confer over a
response date and discovery schedule by no later than August 1, 2012;

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WHEREAS, the parties have agreed that they will submit a proposed scheduling

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order setting forth Defendants’ response date and a discovery schedule to the Court by

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August 8, 2012;

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NOW THEREFORE, IT IS HEREBY STIPULATED by the undersigned counsel on
behalf of the parties identified below that:
(1)

Relator shall be entitled to file his Amended Complaint on or before July

18, 2012; and

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STIPULATION AND [PROPOSED] ORDER
C 09-02457 CRB

Case3:09-cv-02457-CRB Document84 Filed05/23/12 Page3 of 6

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(2)

Defendants shall not be obligated to respond to the Amended Complaint

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until the parties, subsequent to July 18, 2012, meet and confer over a response date and

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discovery schedule, submit a scheduling proposal to the Court, and a response date is

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entered; and

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(3)

The parties shall meet and confer regarding Defendants’ response date and

the discovery schedule by no later than August 1, 2012; and
(4)

The parties shall submit a proposed scheduling order or, if they cannot

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agree, their respective positions regarding a response date and discovery schedule to the

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Court by August 8, 2012.

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STIPULATION AND [PROPOSED] ORDER
C 09-02457 CRB

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DATED: May 23, 2012

BALESTRIERE FARIELLO

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

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DATED: May 23, 2012

MUNGER, TOLLES & OLSON LLP

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

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DATED: May 23, 2012

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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DATED: May 23, 2012

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: May 23, 2012

WILLIAMS & CONNOLLY LLP

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By: /s/ Edward C. Barnidge
Edward C. Barnidge (pro hac vice)
Attorneys for Defendant Sprint Nextel
Corporation

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ATTESTATION UNDER GENERAL ORDER 45, SECTION X.B.
I have the authorization of all counsel identified herein to submit this Stipulation
and [Proposed] Order.
/s/ John G. Balestriere

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STIPULATION AND [PROPOSED] ORDER
C 09-02457 CRB

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[PROPOSED] ORDER
Pursuant to the parties’ stipulation set forth above, IT IS SO ORDERED.

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DATED: May ___, 2012

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D
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Hon. Charles R. Breyer

United States District Judge
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STIPULATION AND [PROPOSED] ORDER
C 09-02457 CRB