Knudsen v. A T And T Corporation et al

Filing 38

ORDER by Judge Charles R. Breyer granting 37 Stipulation (crblc2, COURT STAFF) (Filed on 1/28/2015)

1
2
3
4
5
6
7
8
9
10
11
12

JOHN C. RICHTER (admitted pro hac vice)
ALEXANDER K. HAAS. (State Bar No. 220932)
ALEXANDER T. POGOZELSKI (admitted pro hac vice)
[e-mail]
King & Spalding LLP
1700 Pennsylvania Ave. NW, Suite 200
Washington, D.C. 20006
Telephone: [phone]
Facsimile: 1 202 626 3737
Attorney for Defendants AT&T Corporation, et al.
Christopher B. Dolan, State Bar No. 165358
Aimee E. Kirby, State Bar No. 216909
[e-mail]
Sandra I. Tan, State Bar No. 276333
THE DOLAN LAW FIRM
1438 Market Street
San Francisco, CA 94102
Telephone: [phone]
Facsimile: 415.421.2830
Attorneys for Plaintiff Richard Knudsen

13
IN THE UNITED STATES DISTRICT COURT
14
FOR THE NORTHERN DISTRICT OF CALIFORNIA
15
SAN FRANCISCO DIVISION
16
17
18

RICHARD KNUDSEN, EX REL. UNITED
STATES OF AMERICA,

19

PLAINTIFF,

20
21
22
23

V.

STIPULATION TO CONFIRM BRIEFING
SCHEDULE AND DEFER CASE
MANAGEMENT CONFERENCE AND
PROPOSED ORDER
CASE NO. 3:13-CV-4542-CRB

AT&T CORPORATION, ET AL.
DEFENDANTS.

Judge: Hon. Charles R. Breyer
Complaint Filed: October 1, 2013
Trial Date: None Set

24
25
26
27
28
NO. 3:13-CV-4542-CRB – STIPULATION TO CONFIRM BRIEFING SCHEDULE AND DEFER CASE
MANAGEMENT CONFERENCE

1
2

RECITALS
1.

On October 1, 2013, Plaintiff filed a sealed complaint, including more than 1,200

3 pages of exhibits, against Defendants. The Court unsealed the Complaint on September 19, 2014
4 (Dkt. 11) after receipt of a Notice by the United States of America of its election to decline to
5 intervene.
6

2.

A case management conference in this case had been set for November 18, 2014

7 and, on November 12, 2014, Plaintiff requested that the Court continue this conference to
8 January 6, 2015 (Dkt. 13). The Court granted this request on November 13, 2014 (Dkt. 14).
9

3.

The parties also previously stipulated to an initial extension of time for

10 Defendants to respond to the Complaint (Dkt. 15), which this Court granted (Dkt. 16).
11

4.

This case has a large number of allegations and a significant quantity of exhibits

12 attached to the Complaint. In addition, the parties have continued to confer regarding the proper
13 defendants, completing service as to certain defendants, and on other pretrial matters. The
14

parties require additional time to meet and confer prior to any scheduling conference. Moreover,

15

in addition to the instant case, Plaintiff has brought analogous qui tam cases in this Court against

16

various Verizon-affiliated entities, Knudsen v. Cellco Partnership, et al., 13-cv-4465 (N.D. Cal),

17

and various Sprint-affiliated entities, Knudsen v. Sprint Communication Company LP, et al., 13-

18

cv-4476 (N.D. Cal.). The parties agreed that a coordinated schedule among these three cases

19

would result in a number of practical efficiencies for the parties, and, significantly, will preserve

20

judicial resources and will promote judicial economy.

21

5.

The parties therefore previously agreed and stipulated to a schedule in this case to

22

conform to the schedule in Plaintiff’s case against the Sprint-affiliated entities (compare Dkt. 16

23

in Case No. 13-cv-4476, with Dkt. 31). Under that schedule, Defendants have up to and

24

including February 3, 2015, to file a motion to dismiss or otherwise respond to the Complaint

25

and, Plaintiff has up to and including April 6, 2015, to respond to Defendants’ motion or

26

responsive pleading. In addition, the parties agreed to defer the initial scheduling conference.

27
28

6.

Magistrate Judge LaPorte entered this schedule, but instead of deferring the Case
1

NO. 3:13-CV-4542-CRB – STIPULATION TO CONFIRM BRIEFING SCHEDULE AND DEFER CASE
MANAGEMENT CONFERENCE

1

Management Conference, Judge LaPorte reset the Case Management Conference for May 26,

2

2015, with a Case Management Statement due by May 19, 2015. Dkt. 32.

3

7.

When this case was reassigned, the reassignment Order reset the Case

4 Management Conference for February 20, 2015. Dkt. 36. This Order indicates that the Case
5 Management Conference may be rescheduled by stipulation.
6

8.

The parties have conferred and have agreed to either defer the Case Management

7 Conference until thirty (30) days after Defendants file an Answer to Plaintiff’s Complaint, or, in
8 the alternative, reset the Case Management Conference for May 22, 2015.
9

9.

Other than the foregoing scheduling modifications, no other extensions of time

10 have been sought since the Court unsealed the Complaint.
11

10.

Pursuant to Local Rule 6-2, the parties in this case and in Plaintiff’s related cases

12 have agreed to request that the Court confirm the prior briefing schedule and defer the Case
13 Management Conference as set forth in the Stipulation below.
14

STIPULATION

15

It is hereby stipulated and agreed between the Parties as follows, without any party

16 conceding jurisdiction in this matter, that:
17
18
19
20
21
22

1. The date for the Case Management Conference in this matter, currently set for February
20, 2015, is vacated, but the previously entered briefing schedule (Dkt. 32) remains intact.
2. The Case Management Conference will be set for thirty (30) days after the Defendants file
an Answer to Plaintiff’s Complaint. In the alternative, the Case Management Conference
will be set for May 22, 2015.
3. The Case Management Statement will be filed with the Court seven (7) days prior to the
continued Case Management Conference.

23 DATED: January 21, 2015

Respectfully Submitted,

24

KING & SPALDING LLP

25

By: /s/ Alexander K. Haas
ALEXANDER K. HAAS (SBN 220932)
[e-mail]
King & Spalding LLP
1700 Pennsylvania Ave. NW, Suite 200

26
27
28

2
NO. 3:13-CV-4542-CRB – STIPULATION TO CONFIRM BRIEFING SCHEDULE AND DEFER CASE
MANAGEMENT CONFERENCE

Washington, D.C. 20006
Telephone:
1 202 626 5502
Facsimile:
1 202 626 3737
Attorney for Defendants

1
2
3
4

THE DOLAN LAW FIRM

5
By: /s/ Aimee E. Kirby
[e-mail]
Christopher Dolan
[e-mail]
The Dolan Law Firm
1438 Market Street
San Francisco, CA 94102
Telephone:
1 415 421 2800
Facsimile:
1 415 421 2830
Attorneys for Plaintiff

6
7
8
9
10
11
12

ORDER

13
14
15
16

1. The date for the Case Management Conference in this matter, currently set for February
20, 2015, is vacated but the previously entered briefing schedule (Dkt. 32) remains intact.
2. The Case Management Conference will be set for thirty (30) days after the Defendants
file an Answer to Plaintiff’s Complaint. In the alternative, the Case Management
Conference will be set for May 22, 2015.

17
18
19
20

3. The Case Management Statement will be filed with the Court seven (7) days prior to the
continued Case Management Conference.
IT IS SO ORDERED.
Dated: January

, 2015.

21
22
23

__________________________________________
HON. CHARLES R. BREYER

24
25
26
27
28

3
NO. 3:13-CV-4542-CRB – STIPULATION TO CONFIRM BRIEFING SCHEDULE AND DEFER CASE
MANAGEMENT CONFERENCE