Taleff et al v. Southwest Airlines Co. et al

Filing 22

ORDER Granting As Modified re 20 Stipulation Regarding Stay filed by Southwest Airlines Co., Guadalupe Holdings Corp., Airtran Holdings, Inc. Joint Status Statement due by 8/19/2011. Status Conference set for 8/29/2011 10:00 AM in Courtroom 5, 17th Floor, San Francisco before Hon. James Ware. Signed by Judge James Ware on 5/27/11. (fj, COURT STAFF) (Filed on 5/27/2011)

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9 Attorneys for Defendants
SOUTHWEST AIRLINES CO.,
10 GUADALUPE HOLDINGS CORP., and
AIRTRAN HOLDINGS, INC.
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5 Steven C. Sunshine (Application Pro Hac Vice pending)
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
6 1440 New York Avenue, N.W.
Washington, D.C. 20005
7 Telephone: [phone]
Facsimile: [phone]
8 Email: [e-mail]

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1 Allen J. Ruby (State Bar No. 47109)
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
2 525 University Avenue, Suite 1100
Palo Alto, California 94301
3 Telephone: [phone]
Facsimile: [phone]
4 Email: [e-mail]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

15 WAYNE TALEFF, et al.,
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Plaintiffs,
v.

18 SOUTHWEST AIRLINES CO.,
GUADALUPE HOLDINGS CORP.,
19 AIRTRAN HOLDINGS, INC.,
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Defendants.

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CASE NO.: 3:11-cv-02179 JW
STIPULATION AND [PROPOSED]
ORDER REGARDING STAY

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STIPULATION AND [PROPOSED] ORDER REGARDING STAY; CASE NO. 3:11-CV-02179 JW

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WHEREAS, on May 3, 2011, Plaintiffs filed a Complaint for Injunctive Relief Against

2 Violations of Section 7 of the Clayton Antitrust Act in this Court.
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WHEREAS, also on May 3, 2011, Plaintiffs filed an ex parte motion for temporary

4 restraining order ("Motion for TRO").
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WHEREAS, on May 4, 2011, the Court denied Plaintiffs' Motion for TRO.

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WHEREAS, on May 9, 2011, Plaintiffs filed a notice of appeal to the Ninth Circuit from

7 this Court's denial of the Motion for TRO.
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WHEREAS, also on May 9, 2011, Plaintiffs filed an Emergency Motion for Injunction

9 Seeking Temporary "Hold Separate" Order Pending Disposition of Malaney, et al., v. UAL
10 Corporation, et al. ("Emergency Motion") with the Ninth Circuit.
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WHEREAS, on May 12, 2011, Defendants filed a Motion to Dismiss Appeal with the Ninth

12 Circuit.
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WHEREAS, the Emergency Motion is fully briefed as of May 23, 2011.

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WHEREAS, the Motion to Dismiss Appeal is scheduled to be fully briefed as of June 6,

15 2011.
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WHEREAS, the Ninth Circuit has issued a scheduling order whereby briefing on the appeal

17 will be concluded no later than July 19, 2011.
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WHEREAS, Plaintiffs filed their First Amended Complaint for Injunctive Relief Against

19 Violations of Section 7 of the Clayton Antitrust Act ("First Amended Complaint") in this Court on
20 May 20, 2011.
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WHEREAS, the posture and issues involved in this action may be significantly affected by

22 the Ninth Circuit's disposition of Plaintiffs' Emergency Motion and appeal.
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WHEREAS, all briefing on pending matters before the Ninth Circuit will be concluded as

24 of July 19, 2011.
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THEREFORE, the parties to this action, by and through their counsel of record, hereby

26 stipulate and agree, and request that the Court order, as follows:
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1.

This case shall be stayed until the Ninth Circuit resolves Plaintiffs' appeal and issues

28 its mandate.
-1STIPULATION AND [PROPOSED] ORDER REGARDING STAY; CASE NO. 3:11-CV-02179 JW

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2.

Defendants shall answer or otherwise plead to the First Amended Complaint no later

2 than 30 days after the Ninth Circuit issues its mandate.
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IT IS SO STIPULATED.

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DATED: May 26, 2011
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SKADDEN, ARPS, SLATE, MEAGHER
& FLOM LLP

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By:

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Allen J. Ruby
SKADDEN, ARPS, SLATE, MEAGHER &
FLOM LLP
525 University Avenue Suite 1100
Palo Alto, California 94301
Telephone: [phone]
Facsimile: [phone]

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9
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Steven C. Sunshine (Pro Hac Vice pending)
SKADDEN, ARPS, SLATE, MEAGHER &
FLOM LLP
1440 New York Avenue, N.W.
Washington, D.C. 20005
Telephone: [phone]
Facsimile: [phone]

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/s/ Allen J. Ruby

I, Allen J. Ruby, am the ECF User whose ID and password are being used to file this

17 STIPULATION AND [PROPOSED] ORDER REGARDING STAY. In compliance with General
18 Order 45, X.B., I hereby attest that each of the signatories below has concurred in this filing.
19 DATED: May 26, 2011

ALIOTO LAW FIRM

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By:

/s/ Joseph M. Alioto

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Joseph M. Alioto
Jamie L. Miller
ALIOTO LAW FIRM
225 Bush Street, 16th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]

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-2STIPULATION AND [PROPOSED] ORDER REGARDING STAY; CASE NO. 3:11-CV-02179 JW

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED. (SEE MODIFICATION BELOW)

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May 27, 2011
4 DATED: ____________________.
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U.S. DISTRICT COURT JUDGE
NORTHERN DISTRICT OF CALIFORNIA

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The Court VACATES all previously scheduled conferences. The Court sets a Status
Conference for August 29, 2011 at 10:00 a.m. On or before August 19, 2011, the parties shall
file a Joint Status Statement updating the Court on the proceedings before the Ninth Circuit and
whether the stay should be lifted and if so, to provide the Court with a good faith discovery plan
with a proposed date for the close of all discovery.

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-3STIPULATION AND [PROPOSED] ORDER REGARDING STAY; CASE NO. 3:11-CV-02179 JW