Khalilpour v. Cellco Partnership

Filing 42

STIPULATION AND ORDER. Signed by Judge Richard Seeborg on 10/5/10. (cl, COURT STAFF) (Filed on 10/6/2010)

Khalilpour v. Cellco Partnership

Doc. 42

*E-Filed 10/6/10* 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 27 28 -1STIPULATION AND [PROPOSED] ORDER Case No. C 09-02712 RS

JEFFREY D. MEYER MOULTON & MEYER, LLP 800 Taft Houston, Texas 77019 [phone] Telephone [phone] Telecopier Pro hac vice application to be filed GEORGE L. HAMPTON IV, State Bar No. 144433 HAMPTONHOLLEY LLP 2101 East Coast Highway, Suite 260 Corona del Mar, CA 92625 Telephone: [phone] Facsimile: [phone] CHRISTOPHER A. BANDAS BANDAS LAW FIRM, P.C. 500 North Shoreline, Suite 1020 Corpus Christi, Texas 78471 Telephone: [phone] Facsimile: [phone] Pro hac vice application to be filed *Additional Counsel on last page Attorneys for Plaintiff MAHBOD KHALILPOUR and Plaintiff Class UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

MAHBOD KHALILPOUR, on behalf of himself and all others similarly situated, Plaintiffs, v. CELLCO PARTNERSHIP d/b/a VERIZON WIRELESS; and DOES 1 through 10, inclusive, Defendants.

Case No. C 09-02712 RS STIPULATION AND [PROPOSED] ORDER AS MODIFIED BY THE COURT

Dockets.Justia.com

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WHEREAS, on August 25, 2010, the parties informed the Court that they had reached a settlement on a class-wide basis in the above-entitled matter; WHEREAS, on August 25, 2010, the Court issued a standby order requiring the parties to file a stipulation of dismissal by October 28, 2010, or, if the statement is not filed by that date, ordering the parties to appear on November 4, 2010 to show cause why the case should not be dismissed; WHEREAS, Plaintiff is in the process of engaging in confirmatory discovery regarding the terms of the class action settlement; WHEREAS, the parties are in the process of completing the documentation required for a class action settlement; WHEREAS, the parties anticipate that completion of confirmatory discovery and settlement documentation will require three to four months; WHEREAS, once the confirmatory discovery and settlement documentation are complete, Plaintiff will file a motion for preliminary approval of the class action settlement; WHEREAS, the parties agree that the motion for preliminary approval shall be filed no later than January 13, 2011; WHEREAS, the parties agree that, subject to the Court's approval, the deadline to file a stipulation of dismissal and the order to show cause hearing shall be moved from October 28, 2010 and November 4, 2010, respectfully, to dates following Plaintiff's filing of the motion for preliminary approval of class action settlement and motion for final approval of class action settlement; THEREFORE, it is hereby stipulated and agreed to by and between the parties, through their counsel of record, that the deadline for Plaintiff to file a motion for preliminary approval of class action settlement shall be January 13, 2011, and the deadline to file a stipulation of VACATED RS dismissal and the order to show cause hearing shall be moved from October 28, 2010 and November 4, 2010 to future dates following Plaintiff's submission of the motion for preliminary approval of class action settlement and motion for final approval of class action settlement. -2STIPULATION AND [PROPOSED] ORDER Case No. C 09-02712 RS

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DATED: October 5, 2010

ONGARO BURTT & LOUDERBACK LLP By: /s/ Amelia D. Winchester Amelia D. Winchester

Attorneys for Plaintiff MAHBOD KHALILPOUR

DATED: October 5, 2010

MORRISON & FOERSTER LLP By: /s/ Penelope Preovolos Penelope Preovolos

Attorneys for Defendant CELLCO PARTNERSHIP d/b/a Verizon Wireless

PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED:

10/5/10

By:

United States District Judge

-3STIPULATION AND [PROPOSED] ORDER Case No. C 09-02712 RS

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DAVID R. ONGARO, State Bar No. 154698 AMELIA D. WINCHESTER, State Bar No. 257928 ONGARO BURTT & LOUDERBACK LLP 595 Market Street, Suite 610 San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone]

-4STIPULATION AND [PROPOSED] ORDER Case No. C 09-02712 RS