Smith v. Qwest Communications Company, LLC et al

Filing 34

STIPULATION AND ORDER Regarding Page Limit on Plaintiffs' Memorandum of Law in Support of Joint Motion for Certification of Settlement Class, Preliminary Approval of Class-Action Settlement, and Approval of Form and Manner of Notice. Signed by Judge Thelton E. Henderson on 08/28/2012. (tmi, COURT STAFF) (Filed on 8/30/2012)

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CRAIG C. CORBITT (Cal. SBN 83251)
HEATHER T. RANKIE (Cal. SBN 268002)
ZELLE HOFMANN VOELBEL
& MASON LLP
44 Montgomery Street, Suite 3400
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
ERIC E. CAUGH (pro hac vice)
ZELLE HOFMANN VOELBEL
& MASON LLP
500 Washington Ave. S., Suite 4000
Minneapolis, MN 55415
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
Attorney for Plaintiffs Regan, Sheldrick,
Boom and Nelson

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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TODD SMITH, DIRK REGAN and CAROL
REGAN, JACQUELYN SHELDRICK,
GLENN L BOOM, and WILLIAM NELSON
and LINDA NELSON, on behalf of themselves
and all others similarly-situated,
Plaintiffs,

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

CASE NO. 3:11-cv-02599-TEH

STIPULATION AND [PROPOSED]
ORDER REGARDING PAGE
LIMIT ON PLAINTIFFS’
MEMORANDUM OF LAW IN
SUPPORT OF JOINT MOTION
FOR CERTIFICATION OF
SETTLEMENT CLASS,
PRELIMINARY APPROVAL OF
CLASS-ACTION SETTLEMENT,
AND APPROVAL OF FORM AND
MANNER OF NOTICE

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Case Number: 3:11 cv 02599 TEH

Stipulation and [Proposed] Order Regarding Page Limit

on Plaintiffs’ Memorandum of Law in Support of Joint Motion for
Certification of Settlement Class, Preliminary Approval of Class Action
Settlement, and Approval of Form and Manner of Notice

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WHEREAS Plaintiffs Todd Smith, Dirk Regan, Carol Regan, Jacquelyn Sheldrick, Glenn

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L. Boom, William Nelson, and Linda Nelson, by and through their attorneys, will file a

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Memorandum of Law in Support of Joint Motion for Certification of Settlement Class,

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Preliminary Approval of Class-Action Settlement, and Approval of Form and Manner of Notice
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(“Memorandum”);

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WHEREAS due to the number and complexity of issues presented, Plaintiffs’

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Memorandum must exceed 25 pages to adequately address the issues raised by the preliminary

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approval and settlement-class-certification proceedings, and issuance of notice to the class,

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including discussion of the background and history of nationwide litigation—of which the

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California settlement is a part—which has been ongoing for more than a decade;

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WHEREAS the parties desire to alter the page limit ordinarily provided by the Local
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Rules, the parties hereby stipulate as follows:

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STIPULATION

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IT IS HEREBY STIPULATED by the undersigned counsel on behalf of the Parties

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identified below that Plaintiffs may exceed the 25-page limit by seven (7) pages, thus changing

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the maximum length of their Memorandum (exclusive of cover page, table of contents, table of

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authorities, and exhibits attached thereto) to thirty-two (32) pages.

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DATED: August 28, 2012
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/s/ Eric Caugh
ERIC CAUGH (pro hac vice)
ZELLE HOFMANN VOELBEL
& MASON LLP
500 Washington Avenue South, Suite 4000
Minneapolis, MN 55415
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Case Number: 3:11 cv 02599 TEH

Stipulation and [Proposed] Order Regarding Page Limit

on Plaintiffs’ Memorandum of Law in Support of Joint Motion for
Certification of Settlement Class, Preliminary Approval of Class Action
Settlement, and Approval of Form and Manner of Notice

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CRAIG C. CORBITT (Cal. SBN 83251)
ZELLE HOFMANN VOELBEL
& MASON LLP
44 Montgomery Street, Suite 3400
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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ATTORNEYS FOR PLAINTIFFS REGAN,
SHELDRICK, BOOM AND NELSON

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/s/ William T. Gotfryd
WILLIAM T. GOTFRYD (pro hac vice)
ARTHUR T. SUSMAN (pro hac vice)
SUSMAN, HEFFNER & HURST LLP
30 North LaSalle Street, Suite 1210
Chicago, IL 60602
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
E-Mail: [e-mail]

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JEFFREY M. FORSTER (Cal. SBN 505190)
160 West Clara Street, Suite 1100
San Jose, CA 95113
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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STEVEN R. LEVY (Cal. SBN 103164)
17670 Woodland Avenue
Morgan Hill, CA 95037
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail],
[e-mail]

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ATTORNEYS FOR PLAINTIFF SMITH

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Case Number: 3:11 cv 02599 TEH

Stipulation and [Proposed] Order Regarding Page Limit

on Plaintiffs’ Memorandum of Law in Support of Joint Motion for
Certification of Settlement Class, Preliminary Approval of Class Action
Settlement, and Approval of Form and Manner of Notice

Page 3

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/s/ Molly R. Newland
MOLLY R. NEWLAND, Cal. Bar No. 244928
SHEPPARD, MULLIN, RICHTER &
HAMPTON LLP
An LLP Including Professional Corporations
Four Embarcadero Center, 17th Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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ATTORNEY FOR DEFENDANTS QWEST
COMMUNICATIONS COMPANY, LLC; SPRINT
COMMUNICATIONS COMPANY L.P.; LEVEL 3
COMMUNICATIONS, LLC; and WILTEL
COMMUNICATIONS, LLC

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ATTESTATION PURSUANT TO GENERAL ORDER 45

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Pursuant to General Order No. 45, § X(B) regarding signatures, I attest under penalty of
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perjury that the concurrence in the filing of this document has been obtained by its signatories.
By: /s/ Eric E. Caugh

DATED: August 28, 2012

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[PROPOSED] ORDER

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Based on the foregoing stipulation of the parties, it is hereby ordered that:
The Plaintiffs may exceed the 25-page limit by seven (7) pages, thus changing the

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maximum length of their Memorandum of Law in Support of Joint Motion for Certification of
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Settlement Class, Preliminary Approval of Class-Action Settlement, and Approval of Form and
Manner of Notice (exclusive of cover page, table of contents, table of authorities, and exhibits

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attached thereto) to thirty-two (32) pages.

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PURSUANT TO STIPULATION IT IS SO ORDERED.

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DATED: August ___, 2012

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The Honorable Thelton E. Henderson
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United States DistricteJudge . Hen
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Stipulation and [Proposed] Order Regarding Page Limit
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Case Number: 3:11 cv 02599 TEH

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RN
on Plaintiffs’ Memorandum of Law in Support of JointO F C for
Motion
D

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I T RIC
Certification of Settlement Class, PreliminarySApproval of Class Action
Settlement, and Approval of Form and Manner of Notice

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