Hubbard et al v. Wenner Media LLC

Filing 68

ORDER by Chief Magistrate Judge Maria-Elena James granting 67 Stipulation to Cancel Settlement Conference. (rmm2S, COURT STAFF) (Filed on 11/7/2012)

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DAVIS WRIGHT TREMAINE LLP 1 Thomas R. Burke (CA State Bar No. 141930) DAVIS WRIGHT TREMAINE LLP 2 505 Montgomery Street, Suite 800 3 San Francisco, California 94111 Telephone: (415) 276-6500 (415) 276-6599 4 Facsimile: Email: thomasburke@dwt.com 5 Sharon L Schneier (admitted pro hac vice) 6 Camille Calman (admitted pro hac vice) 7 DAVIS WRIGHT TREMAINE LLP 1633 Broadway – 27th Floor 8 New York, New York 10019 Telephone: (212) 489-8230 9 Facsimile: (212) 489-8340 Email: sharonschneier@dwt.com 10 Email: camillecalman@dwt.com 11 Attorneys for Defendant Wenner Media LLC 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 SAN FRANCISCO DIVISION 15 16 JASMINE HUBBARD AND MARVEL MILLS, individually and on behalf of a class 17 of similarly situated individuals, Case No. 3:11-cv-04648-EMC 18 STIPULATION AND [PROPOSED] ORDER TO CANCEL SETTLEMENT CONFERENCE Plaintiffs, 19 vs. Judge: Hon. Maria-Elena James 20 WENNER MEDIA LLC, a Delaware limited 21 liability company Defendant. 22 23 24 25 26 27 Pursuant to the Magistrate Judge’s Order Setting Settlement Conference (Dkt. 54), 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: 28 1 Case No. 11-cv-04648 EMC STIPULATION AND [PROPOSED] ORDER TO CANCEL SETTLEMENT CONFERENCE DWT 20595911v1 0055960-000015 1 WHEREAS, Plaintiff filed the Complaint in this case on September 20, 2011 (dkt. 1); 2 WHEREAS, the Parties agreed to participate in a settlement conference with the Hon. 3 Maria-Elena James (dkt. 52); 4 WHEREAS, Magistrate Judge James entered an Order setting a Settlement Conference for 5 May 2, 2012 at 10:00 a.m. (dkt. 54); 6 WHEREAS, on April 18, 2012, the Parties stipulated to reset the Settlement Conference in 7 this case to July 25, 2012 (dkt. 59); 8 WHEREAS, Magistrate Judge James issued an Order resetting the Settlement Conference 9 to July 25, 2012 (dkt. 60); DAVIS WRIGHT TREMAINE LLP 10 WHEREAS, on July 16, 2012, the Parties stipulated to reset the Settlement Conference in 11 this case to November 13, 2012 (dkt. 61); 12 WHEREAS, Magistrate Judge James issued an Order resetting the Settlement Conference 13 to November 13, 2012 (dkt. 62); 14 WHEREAS, Plaintiff has diligently sought discovery from third-parties that possess 15 information relevant to this lawsuit including third-parties Revenue Enhancement Consultants, 16 Inc., Trifecta Marketing Group, Inc., and T-Mobile USA, Inc.; 17 WHEREAS, based on the information learned from the aforementioned third-party 18 discovery, the Parties are currently conducting settlement discussions and believe that they are 19 making meaningful progress towards resolving their dispute; 20 WHEREAS, the Parties believe that it would not be an efficient use of the Parties’ or the 21 Court’s time and resources to conduct a settlement conference; 22 IT IS HEREBY STIPULATED AND AGREED by the Parties, through their counsel, that, 23 with the Court’s agreement, the settlement conference be cancelled. IT IS SO STIPULATED. 24 DATED this 6th day of November 2012. 25 EDELSON MCGUIRE LLP DAVIS WRIGHT TREMAINE LLP 26 By:__/s/ Sean Reis_________________ By:_ /s/ Thomas R. Burke______ 27 28 2 Case No. 11-cv-04648 EMC STIPULATION AND [PROPOSED] ORDER TO CANCEL SETTLEMENT CONFERENCE DWT 20595911v1 0055960-000015 1 2 3 Sean Reis 30021 Tomas Street, Suite 300 Rancho Santa Margarita, CA 92688 Phone: (949) 459-2124 Attorneys for Jasmine Hubbard and Marvel Mills Thomas R. Burke 505 Montgomery Street, Suite 800 San Francisco, CA 94111-6533 Phone: (415) 276-6500 Attorneys for Wenner Media LLC ORDER 4 5 Pursuant to stipulation, the foregoing is approved and IT IS SO ORDERED. 6 IT IS SO ORDERED. 7 7 DATED: November ___, 2012 __________________________________________ THE HONORABLE MARIA-ELENA JAMES UNITED STATES MAGISTRATE JUDGE 8 9 DAVIS WRIGHT TREMAINE LLP 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Case No. 11-cv-04648 EMC STIPULATION AND [PROPOSED] ORDER TO CANCEL SETTLEMENT CONFERENCE DWT 20595911v1 0055960-000015

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