Hendricks v. AT&T Mobility LLC

Filing 44

*** ERRONEOUS ENTRY *** MOTION for Hearing Administrative Relief: Request for Adjustment of Hearing Date filed by AT&T Mobility LLC. (Attachments: # 1 Declaration of Kevin Ranlett, # 2 Proposed Order)(Falk, Donald) (Filed on 9/14/2011) Modified on 9/15/2011 (mcl, COURT STAFF).

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DONALD M. FALK (SBN 150256)
[e-mail]
MAYER BROWN LLP
Two Palo Alto Square, Suite 300
3000 El Camino Real
Palo Alto, CA 94306-2112
Telephone: [phone]
Facsimile: [phone]

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John Nadolenco (CA Bar No. 181128)
[e-mail]
Lisa W. Cornehl (State Bar No. 232733)
[e-mail]
MAYER BROWN LLP
350 South Grand Avenue, 25th Floor
Los Angeles, CA 90071-1503
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant AT&T Mobility, LLC
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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PATRICK HENDRICKS, on behalf of himself
and all others similarly situated,

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Plaintiff,

Case No. CV 11-00409-CRB
DECLARATION OF KEVIN RANLETT
IN SUPPORT OF MOTION FOR
ADMINISTRATIVE RELIEF:

v.
AT&T MOBILITY, LLC,
Defendant.

REQUEST FOR ADJUSTMENT OF
HEARING DATE
Judge: Hon. Charles R. Breyer

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DECLARATION OF KEVIN RANLETT IN SUPPORT OF MOTION FOR ADMINISTRATIVE RELIEF
CASE NO. CV 11-00409-CRB

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I, Kevin Ranlett, hereby declare as follows:

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The following facts are of my own personal knowledge, and if called as a witness

I could and would testify competently as to their truth.

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2.

I am an attorney employed by Mayer Brown LLP and am counsel to plaintiff

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AT&T Mobility LLC (“ATTM”) in this action (Hendricks), as well as in Schroeder v. AT&T

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Mobility LLC, No. 3:11-cv-04412-CRB (N.D. Cal.), AT&T Mobility LLC v. Bernardi, No. 3:11-

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cv-03392-CRB (N.D. Cal.), and Blau v. AT&T Mobility LLC, No. 3:11-cv-00541-CRB (N.D.

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Cal.).

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3.

On September 13, 2011, I spoke twice by telephone with Scott Bursor, counsel for

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the defendants in Bernardi, the plaintiffs in Schroeder, and the plaintiff in Hendricks, about

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coordinating the hearings on the cross motions to compel arbitration and for a preliminary

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injunction in Bernardi, the plaintiffs’ petition to compel arbitration in Schroeder, and ATTM’s

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motion to compel arbitration in Hendricks. Currently, the motion for a preliminary injunction in

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Bernardi is scheduled to be heard on October 21, 2011, the other motion in Bernardi and the

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petition in Schroeder are scheduled to be heard on October 14, 2011, and the Hendricks motion

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is scheduled to be heard on September 23, 2011.

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4.

Mr. Bursor indicated that he would be arguing all four motions in Bernardi,

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Schroeder, and Hendricks. He did not indicate that he would be unavailable for a hearing on

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October 21, 2011. He stated, however, that he would not agree to have his motions in those

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cases delayed.

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5.

On September 13-14, 2011, I left several voicemail messages for and sent emails

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to Lenza McElrath III, counsel for the plaintiff in Blau v. AT&T Mobility LLC, No. 3:11-cv-

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00541-CRB (N.D. Cal.), about rescheduling the hearing on ATTM’s motions to compel

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arbitration and to dismiss in that case. In his one responsive email to me, he expressed concern

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about moving the hearing and asked for additional information. But he did not respond to my

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follow-up email and voicemail providing that detail and asking whether he is available on

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October 21, 2011.

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DECLARATION OF KEVIN RANLETT IN SUPPORT OF MOTION FOR ADMINISTRATIVE RELIEF
CASE NO. CV 11-00409-CRB

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6.

ATTM’s lead counsel for the arbitration issues in these four cases, Andrew

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Pincus of Mayer Brown LLP, has a conflicting obligation on October 14, 2011—speaking at the

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American Bar Association Section of Litigation 15th Annual Institute on Class Actions in New

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York.

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I have also been informed that ATTM’s lead counsel for the motion to dismiss in

Blau, Steven Rice of Crowell & Moring LLP, has a conflicting obligation on October 14, 2011.
I declare under penalty of perjury that the foregoing is true and correct. Executed in
Washington, DC on September 14, 2011.

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/s Kevin Ranlett
Kevin Ranlett

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DECLARATION OF KEVIN RANLETT IN SUPPORT OF MOTION FOR ADMINISTRATIVE RELIEF
CASE NO. CV 11-00409-CRB