Clark -v- Sprint Nextel Corporation

Filing 10

ORDER granting leave to file amended complaint re 9 (tf, COURT STAFF) (Filed on 9/16/2010)

Clark -v- Sprint Nextel Corporation

Doc. 10

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KASSRA P. NASSIRI (215405) [e-mail] CHARLES H. JUNG (217909) [e-mail] NASSIRI & JUNG LLP 47 Kearny Street, Suite 700 San Francisco, California 94108 Telephone: [phone] Facsimile: [phone] HOWARD YELLEN (142400) [e-mail] 11200 Donner Pass Road #132 Truckee, California 96161 Telephone: [phone] Attorneys for Plaintiff KANDANCE CLARK, Individually and on behalf of all others similarly situated

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

KANDANCE CLARK, individually and on behalf of all others similarly situated, Plaintiff, vs. SPRINT NEXTEL CORPORATION, a Kansas corporation, and DOES 1-50, inclusive, Defendants.

Case No. 10-cv-03625-SI STIPULATION AND [PROPOSED] ORDER OF THE PARTIES TO FILE FIRST AMENDED COMPLAINT CLASS ACTION

WHEREAS Plaintiff Kandance Clark, Defendant Sprint Nextel Corporation (hereby specially appearing solely for the purpose of agreeing to the dismissal of this action against it, and without a general appearance or concession to personal or subject matter jurisdiction over it in this Court), current non-parties Sprint Spectrum L.P., and Sprint Solutions Inc. (hereby stipulating to the matters set forth in, but without appearance in this action until and unless served with process as set forth herein, and without waiver or concession of any rights, arguments or defenses available to them, including, but not limited to transfer of this action on the bases of improper forum selection
-1STIPULATION AND [PROPOSED] ORDER OF THE PARTIES TO FILE FIRST AMENDED COMPLAINT CASE NO. 10-cv-03625-SI

Dockets.Justia.com

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and/or forum non-conveniens) (hereinafter collectively, the "Stipulating Entities"), have agreed that Plaintiff Clark may file a First Amended Complaint; WHEREAS the Stipulating Entities have agreed that Defendant Sprint Nextel Corporation shall be dismissed from the action, and Sprint Spectrum L.P. and Sprint Solutions Inc. may be named as defendants in the First Amended Complaint; WHEREAS the Stipulating Entities have agreed that in light of the pending amendment to the Complaint, Sprint Nextel Corporation need not file a response to the Complaint already on file in this matter; and WHEREAS the Stipulating Entities have agreed that Plaintiff shall file any such First Amended Complaint on or before September 21, 2010, and Sprint Spectrum L.P. and Sprint Solutions Inc. shall have until October 12, 2010 to respond to any such First Amended Complaint. IT IS HEREBY STIPULATED AND AGREED, consistent with and on condition of the foregoing, by and between the undersigned counsel for Plaintiff and Defendant, as follows: 1. Defendant Sprint Nextel Corporation shall not respond to the Complaint, Plaintiff

shall dismiss Sprint Nextel Corporation, and Plaintiff may file a First Amended Complaint which names Sprint Solutions, Inc. and Sprint Spectrum, L.P. 2. Plaintiff Kandance Clark shall file any such First Amended Complaint on or before

September 21, 2010; and 3. Sprint Spectrum L.P. and Sprint Solutions Inc. shall accept service of the summons of

and any such First Amended Complaint via overnight delivery to McGuireWoods LLP, c/o A. Brooks Gresham; and 4. Sprint Spectrum L.P. and Sprint Solutions Inc. shall have until October 12, 2010 to

respond to the First Amended Complaint. This stipulation is without prejudice to any rights that any party may have. Respectfully submitted,

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-2STIPULATION AND [PROPOSED] ORDER OF THE PARTIES TO FILE FIRST AMENDED COMPLAINT CASE NO. 10-cv-03625-SI

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Dated: September 14, 2010

MCGUIREWOODS LLP

By:

/s/ A. Brooks Gresham A. Brooks Gresham, Esq. Attorneys for Defendant SPRINT NEXTEL CORPORATION, SPRINT SOLUTIONS, INC. and SPRINT SPECTRUM, L.P.

Dated: September 14, 2010

NASSIRI & JUNG LLP

By:

/s/ Kassra P. Nassiri Kassra P. Nassiri. Attorneys for Plaintiff KANDANCE CLARK

PURSUANT TO STIPULATION OF THE PARTIES, IT IS ORDERED AS FOLLOWS: 1. 2. Sprint Nextel Corporation is dismissed. Plaintiff may file a First Amended Complaint which names Sprint Solutions, Inc. and

Sprint Spectrum, L.P. on or before September 21, 2010; 3. Sprint Spectrum L.P. and Sprint Solutions Inc. shall accept service of the summons of

and any such First Amended Complaint via overnight delivery to McGuireWoods LLP, c/o A. Brooks Gresham; and 4. Sprint Spectrum L.P. and Sprint Solutions Inc. shall have until October 12, 2010 to

respond to the First Amended Complaint. .

DATED:________________, 2010 25 26 27 28

_________________________________________ HON. SUSAN ILLSTON UNITED STATES DISTRICT JUDGE

-3STIPULATION AND [PROPOSED] ORDER OF THE PARTIES TO FILE FIRST AMENDED COMPLAINT CASE NO. 10-cv-03625-SI

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 Dated: September 14, 2010

FILER'S ATTESTATION Pursuant to General Order No. 45, Section X, Subparagraph B, the undersigned attests that all parties have concurred in the filing of this Stipulation and [Proposed] Order Consolidating Cases for All Purposes. Respectfully submitted, NASSIRI & JUNG LLP

/s/ Kassra P. Nassiri Kassra P. Nassiri Attorneys for Plaintiff

-4STIPULATION AND [PROPOSED] ORDER OF THE PARTIES TO FILE FIRST AMENDED COMPLAINT CASE NO. 10-cv-03625-SI