Hubbard et al v. Wenner Media LLC

Filing 49

STIPULATION AND ORDER re 48 STIPULATION WITH PROPOSED ORDER To Reset Dates of Initial Case Management Conference and Argument on Motion filed by Wenner Media LLC Case Management Conference set for 4/20/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 2/13/12. (bpf, COURT STAFF) (Filed on 2/13/2012)

DAVIS WRIGHT TREMAINE LLP

1 Thomas R. Burke (CA State Bar No. 141930)
2 DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
3 San Francisco, California 94111
Telephone:
[phone]
4 Facsimile:
[phone]
Email:
[e-mail]
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6 Sharon L. Schneier (admitted pro hac vice)
Camille Calman (admitted pro hac vice)
7 DAVIS WRIGHT TREMAINE LLP
1633 Broadway – 27th Floor
8 New York, New York 10019
Telephone:
[phone]
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Facsimile:
[phone]
Email:
[e-mail]
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Email:
[e-mail]
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Attorneys for Defendant Wenner Media LLC
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
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15 JASMINE HUBBARD AND MARVEL
MILLS, individually and on behalf of a class
16 of similarly situated individuals,
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Plaintiffs,
vs.

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WENNER MEDIA LLC, a Delaware limited
20 liability company
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Case No. 3:11-cv-04648-EMC
STIPULATION AND [PROPOSED]
ORDER TO RESET DATES OF INITIAL
CASE MANAGEMENT CONFERENCE
AND ARGUMENT ON MOTION
Judge: Hon. Edward M. Chen

Defendant.

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Pursuant to Civil Local Rules 6-1(b) and 6-2 of the United States District Court for the
Northern District of California and Rule 4 of Civil Standing Order – General of the Honorable
Edward M. Chen, it is hereby stipulated by and among Plaintiffs Jasmine Hubbard and Marvel
Mills and Defendant Wenner Media LLC (collectively the “Parties”), by and through their
respective counsel of record, as follows:

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STIPULATION AND [PROPOSED] ORDER
Case No. CV-11-04648 EMC
DWT 19005516v1 0055960-000015

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1.

Plaintiffs filed the Complaint in this case on September 20, 2011. On December 9,

2 2011, Defendant filed a Motion to Dismiss or, in the Alternative, to Transfer to the Southern
3 District of New York. The Motion has been fully briefed and oral argument is scheduled for
4 February 17, 2012.
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2.

The Parties wish to engage in settlement discussions, have indicated a desire to

6 schedule an early settlement conference with a Magistrate Judge, and have an ADR phone
7 conference set for February 14, 2012. In addition, the Parties have reason to believe that limited
8 discovery from certain non-party entities will allow the Parties to engage in meaningful settlement
9 discussions. Upon entry of the requested Stay, the Parties have agreed to informally exchange

DAVIS WRIGHT TREMAINE LLP

10 certain information and will further seek to obtain other information relevant to this litigation and
11 their settlement discussions from several non-party entities.
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3.

In consideration of this, the Parties stipulate to a Stay of sixty (60) days. During

13 this stipulated period, the Parties request that this Court issue no decision on Defendant’s Motion
14 to Dismiss, or, in the Alternative, to Transfer to the Southern District of New York.
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4.

All of the Parties’ respective rights shall be preserved for the stipulated sixty (60)

16 day period.
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5.

If the Parties’ settlement discussions are not fruitful, the Parties reserve the right to

18 seek to reset the dates of the Stay.
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6.

This Stipulation would alter certain preliminary deadlines established by this Court,

20 including the obligation to file a Joint Case Management Statement in advance of the Case
21 Management Conference currently scheduled for February 17, 2012. For this reason, the Parties
22 stipulate and request of this Court that all of the following dates and deadlines be extended as
23 follows:
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a.

The Initial Case Management Conference scheduled for Friday, February

25 17, 2012 shall be continued to Friday, April 20, 2012 at 9:00 a.m. in Courtroom 5, 17th Floor, 450
26 Golden Gate Avenue, San Francisco, California, or as soon thereafter as is convenient for the
27 Court.
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STIPULATION AND [PROPOSED] ORDER
Case No. C 06-05447 SBA
DWT 19005516v1 0055960-000015

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b.

Oral argument on Defendant’s Motion to Dismiss, or, in the Alternative,

2 Transfer to the Southern District of New York shall be continued to the same date and time as the
3 Initial Case Management Conference, or as soon thereafter as is convenient for the Court.
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c.

The February 10, 2012 deadline for the Parties to file a Joint Case

5 Management Statement shall be continued to April 13, 2012.
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This is the second stipulated time modification in this case; on November 7, 2011, the

7 Parties filed a joint stipulation to extend the time for Defendant to answer, move or otherwise
8 respond to the Complaint, and the Court so ordered on November 9, 2011. No trial date has been
9 set, so this extension will not require that a trial date be rescheduled, but it will require that the
10 Initial Case Management Conference and related deadlines be rescheduled, as set forth supra.

DAVIS WRIGHT TREMAINE LLP

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IT IS SO STIPULATED.

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DATED this 9th day of February 2012.

13 EDELSON MCGUIRE LLP

DAVIS WRIGHT TREMAINE LLP

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By:__/s/ Sean P. Reis_________________
Sean P. Reis
30021 Tomas Street, Suite 300
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Rancho Santa Margarita, CA 92688
Phone: [phone]
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Attorneys for Jasmine Hubbard and Marvel
Mills
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By:_/s/ Thomas R. Burke______
Thomas R. Burke
505 Montgomery Street, Suite 800
San Francisco, CA 94111-6533
Phone: [phone]
Attorneys for Wenner Media LLC

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STIPULATION AND [PROPOSED] ORDER
Case No. C 06-05447 SBA
DWT 19005516v1 0055960-000015

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General Rule 45X Certification
I, Thomas R. Burke, hereby attest that I have permission from Sean P. Reis to electronically sign
this document on his and his firm’s behalf

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ORDER

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R NIA

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NO

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DAVIS WRIGHT TREMAINE LLP

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RED

RDE
__________________________________________
IS SO O
IT
THE HONORABLE EDWARD M. CHEN
UNITED STATES DISTRICT COURT JUDGE
hen
rd M. C
ge Edwa
Jud
FO

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IT IS SO ORDERED.
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DATED: February ___, 2012

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Golden Gate Avenue, San Francisco, California.

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STIPULATION AND [PROPOSED] ORDER
Case No. C 06-05447 SBA
DWT 19005516v1 0055960-000015

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IT IS FURTHER ORDERED that the February 17, 2012 Initial Case Management
1:30 p.m.
Conference shall be rescheduled to April 20, 2012 at 9:00 a.m. in Courtroom 5, 17th Floor, 450

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Pursuant to stipulation, the foregoing is approved and IT IS SO ORDERED.

UNIT
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