Smith v. Qwest Communications Company, LLC et al

Filing 16

STIPULATION AND ORDER Extending Stay of Action and Continuing Case Management Conference re 15 : Initial Case Management Conference set for 4/30/2012 at 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 01/23/2012. (tmi, COURT STAFF) (Filed on 1/24/2012)

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
Including Professional Corporations
2 JAMES J. MITTERMILLER, Cal. Bar No. 85177
[e-mail]
3 501 West Broadway, 19th Floor
San Diego, CA 92101
4 Telephone:
619-338-6500
Facsimile:
619-234-3815
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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
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A Limited Liability Partnership
Including Professional Corporations
7 MOLLY R. NEWLAND, Cal. Bar No. 244928
[e-mail]
8 Four Embarcadero Center, 17th Floor
San Francisco, California 94111
9 Telephone:
415-434-9100
Facsimile:
415-434-3947
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Attorneys for Defendants
11 QWEST COMMUNICATIONS COMPANY, LLC;
SPRINT COMMUNICATIONS COMPANY L.P.;
12 LEVEL 3 COMMUNICATIONS, LLC; and
WILTEL COMMUNICATIONS, LLC
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO

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17 TODD SMITH, individually and as
representative of a class of persons similarly
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situated,
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Plaintiff,
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v.
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QWEST COMMUNICATIONS COMPANY,
22 LLC; SPRINT COMMUNICATIONS
COMPANY, L.P.; LEVEL 3
23 COMMUNICATIONS, LLC; and WILTEL
COMMUNICATIONS, LLC,
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Defendants.
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Case No. CV-11-02599-TEH
JOINT STATUS REPORT AND
[PROPOSED] ORDER EXTENDING
STAY OF ACTION AND CONTINUING
CASE MANAGEMENT CONFERENCE
Courtroom: 12
Judge: Hon. Thelton E. Henderson
[Complaint Filed: May 31, 2011]

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W02-WEST:5MON1\404539381.2

JOINT STATUS REPORT

JOINT STATUS REPORT

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Plaintiff Todd Smith ("plaintiff"), and defendants Qwest Communications

4 Company, LLC ("Qwest"), Sprint Communications Company L.P. ("Sprint"), Level 3
5 Communications, LLC ("Level 3"), and WilTel Communications, LLC ("WilTel") (collectively
6 "defendants"), submit this Joint Status Report, pursuant to the Court’s Order of October 11, 2011.
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1.

On October 11, 2011, the Court entered an Order staying the action,

9 pending finalization of a settlement agreement, and setting the Initial Case Management
10 Conference for January 30, 2012 at 1:30 p.m. (Doc. 11).
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2.

The Parties continue to expend all of their time and effort on settlement

13 issues but are not yet ready to present a California Settlement Agreement for the Court’s approval.
14 Accordingly, the Parties are seeking a continuance of the stay of this litigation.
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3.

Therefore, to enable the Parties to continue focusing on settlement, plaintiff

17 and defendants respectfully request that this Court enter an order: (1) extending the stay of this
18 litigation pending further order of the Court, and providing that the stay will be lifted
19 automatically upon motion of plaintiff or defendants or upon the filing of a motion for preliminary
20 approval of a settlement agreement by plaintiff and defendants; and (2) continuing the January 30,
21 2012 case management conference for three months to April 30, 2012 at 1:30 p.m., or any date
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-1W02-WEST:5MON1\404539381.2

JOINT STATUS REPORT

1 thereafter convenient to the Court's calendar, with the parties to file a joint case management
2 conference statement no later than one week prior to the case management conference.
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Dated: January 23, 2012
JEFFREY M. FORSTER

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By

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/s Jeffrey M. Forster
JEFFREY M. FORSTER

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Attorneys for Plaintiff
TODD SMITH

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Dated: January 23, 2012

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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

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By

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/s Molly R. Newland
MOLLY R. NEWLAND

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Attorneys for Defendants
QWEST COMMUNICATIONS COMPANY, LLC;
SPRINT COMMUNICATIONS COMPANY L.P.;
LEVEL 3 COMMUNICATIONS, LLC; and WILTEL
COMMUNICATIONS, LLC

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[PROPOSED] ORDER

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Based on the Joint Status Report of the parties, and for good cause shown due to
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the parties' anticipated settlement, it is hereby ordered that:
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1.

The stay of this action is extended, pending further order of the Court. The

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stay will be lifted automatically upon the motion of plaintiff or defendants or upon the filing of a
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motion for preliminary approval of a settlement agreement by plaintiff and defendants;
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-2W02-WEST:5MON1\404539381.2

JOINT STATUS REPORT

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2.

The Initial Case Management Conference set for January 30, 2012 shall be

April 30, 2012
2 continued to _________________, at 1:30 p.m., and the parties shall file a joint case management
3 conference statement no later than one week prior the case management conference.
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Dated:

01/23/2012

nderson

NO

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lton E. H
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R NIA

HONORABLE THELTON E. HENDERSON
UNITED STATES DISTRICT JUDGE

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UNIT
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IT IS SO ORDERED.

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-3W02-WEST:5MON1\404539381.2
8987736.1

JOINT STATUS REPORT