Hendricks v. AT&T Mobility LLC

Filing 25

MOTION to Stay Unopposed filed by AT&T Mobility LLC. Motion Hearing set for 4/8/2011 10:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. Charles R. Breyer. (Attachments: # 1 Affidavit of Lisa W. Cornehl In Support Of Defendant AT&T Mobility LLC'S Motion To Stay, # 2 Proposed Order)(Cornehl, Lisa) (Filed on 3/1/2011)

Hendricks v. AT&T Mobility LLC

Doc. 25 Att.

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MAYER BROWN LLP JOHN NADOLENCO (SBN 181128) [e-mail] LISA W CORNEHL (SBN 232733) [e-mail] 350 South Grand Avenue 25th Floor Los Angeles, CA 90071-1503 Telephone: [phone] Facsimile: [phone] MAYER BROWN LLP DONALD M. FALK (SBN150256) [e-mail] Two Palo Alto Square, Suite 300 3000 El Camino Real Palo Alto, CA 94306-2112 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant AT&T Mobility LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION PATRICK HENDRICKS, on behalf of himself and all others similarly situated, Plaintiff, v. AT&T Mobility LLC, Defendant. Case No. C11-00409 EMC DECLARATION OF LISA W. CORNEHL IN SUPPORT OF DEFENDANT AT&T MOBILITY LLC'S MOTION TO STAY Date: April 8, 2011 Time: 10:00 a.m. Courtroom 8 Hon. Charles R. Breyer

DECLARATION OF LISA W. CORNEHL ISO DEFENDANT AT&T MOBILITY LLC'S MOTION TO STAY; CASE NO. CV11-00409 EMC
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I, Lisa W. Cornehl, do hereby declare: 1. I am an associate with the law firm Mayer Brown LLP, and I am one of the

attorneys representing defendant AT&T Mobility LLC ("ATTM") in this action. I have personal knowledge of the matters stated herein, and, if called upon, I could and would testify thereto. 2. On February 28, 2011, I notified counsel for plaintiff Patrick Hendricks that

ATTM intended to respond to Mr. Hendricks' complaint on March 1, 2011, by moving to compel arbitration, or, in the alternative, for a stay of proceedings pending a decision by the United States Supreme Court in AT&T Mobility LLC v. Concepcion. I also informed counsel that ATTM would concurrently be filing an administrative motion to take plaintiff's motion to appoint co-lead interim class counsel, currently set for hearing on March 25, 2011, off the Court's motion calendar until after the resolution of ATTM's arbitration motion. 3. Counsel for Mr. Hendricks subsequently authorized me to inform the court that

the parties had stipulated to the following agreement: that (1) ATTM would not bring an administrative motion to take plaintiff's motion to appoint co-lead interim class counsel offcalendar, (2) the briefing on the motion to appoint co-lead interim class counsel would proceed under the briefing schedule provided by the Local Rules with the hearing to remain scheduled for March 25, 2011, (3) by responding to Hendricks' motion to appoint interim lead class counsel and to appear at a hearing on that motion, ATTM would not waive its right to compel arbitration of Hendricks' claims; (4) ATTM reserves the right to oppose the motion to appoint interim lead class counsel on any grounds it wishes, and (4) ATTM would move to stay its obligation to respond to the complaint, along with all other proceedings (except on the motion for interim lead counsel) pending the Supreme Court's resolution of Concepcion. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed at Los Angeles, California this 1st day of March 2011. By: s/ Lisa W. Cornehl Lisa W. Cornehl

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DECLARATION OF LISA W. CORNEHL ISO DEFENDANT AT&T MOBILITY LLC'S MOTION TO STAY; CASE NO. CV11-00409 EMC
700016819