Dudley v. MetroPCS Communications, Inc. et al

Filing 23

STIPULATION AND MODIFIED ORDER re 8 MOTION to Dismiss Plaintiff's Amended Complaint and to Strike the Class Allegations.Updated Case Management Statement which shall include a proposed trial date,pretrial schedule and discovery pl an due by 7/17/2014. Case Management Conference set for 7/24/2014 01:00 PM in Courtroom 10, 19th Floor, San Francisco. Motion Hearing set for 7/24/2014 01:00 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Vince Chhabria. Please note the location of the hearing. Signed by Judge Vince Chhabria on 6/16/2014. (knm, COURT STAFF) (Filed on 6/16/2014)

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1 2 3 4 5 6 7 MICHAEL J. STORTZ (SBN #139386) michael.stortz@dbr.com MATTHEW J. ADLER (SBN #273147) matthew.adler@dbr.com DRINKER BIDDLE & REATH LLP 50 Fremont Street, 20th Floor San Francisco, CA 94105-2235 Telephone: (415) 591-7500 Facsimile: (415) 591-7510 Attorneys for Defendants METROPCS COMMUNICATIONS, INC., METROPCS WIRELESS, INC., and T-MOBILE US, INC. 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 MARY DUDLEY, on behalf of herself and all others similarly situated, 14 Case No. 3:14-cv-01802-VC CLASS ACTION Plaintiffs, 15 v. 16 17 METROPCS COMMUNICATIONS, INC.; METROPCS WIRELESS, INC.; TMOBILE US, INC.; and DOES 1-100, 18 Defendants. 19 STIPULATION AND [PROPOSED] ORDER RESCHEDULING (1) HEARING ON DEFENDANTS’ MOTION TO DISMISS AND TO STRIKE CLASS ALLEGATIONS; AND (2) CASE MANAGEMENT CONFERENCE; DECLARATION OF MICHAEL J. STORTZ IN SUPPORT AS MODIFIED 20 21 22 23 24 25 26 27 28 D RINKER B IDDLE & R EATH LLP ATTORNEYS AT LAW SAN FRANCISCO STIPULATION AND [PROPOSED] ORDER RESCHEDULING (1) HEARING ON DEFS.’ MOT. TO DISMISS; AND (2) CMC; DECLARATION CASE NO. 3:14-CV-01802-VC 1 WHEREAS, Defendants MetroPCS Communications, Inc., MetroPCS Wireless, Inc., and T- 2 Mobile US, Inc. (“Defendants”) have filed a motion (1) to dismiss Plaintiff Mary Dudley’s Amended 3 Complaint; and (2) to strike the class allegations (D.E. 8) (hereafter, “Motion”); 4 WHEREAS, the hearing on Defendants’ Motion was previously set for June 26, 2014; 5 WHEREAS, by order filed June 11, 2014 (D.E. 21), this Court rescheduled the hearing on 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D RINKER B IDDLE & R EATH LLP ATTORNEYS AT LAW SAN FRANCISCO Defendants’ Motion for July 10, 2014 at 10:00 a.m.; WHEREAS, counsel for Defendants has an unavoidable scheduling conflict and cannot attend the hearing on July 10, 2014; WHEREAS, the parties believe that, under these circumstances, it is appropriate to reschedule the hearing for a date that is convenient for all parties and their counsel; WHEREAS, the next hearing date available for the Court, and all parties and their counsel, is July 24, 2014; WHEREAS, by order filed May 16, 2014 (D.E. 17), a Case Management Conference is currently scheduled for July 18, 2014 at 10:30 a.m.; WHEREAS, the parties believe it would conserve judicial resources to resolve Defendants’ pending Motion before convening for a Case Management Conference; WHEREAS, there have not been any previous modifications of any scheduling order or other scheduled date in this action; WHEREAS, the proposed scheduling changes set forth herein will not prejudice the parties and will have minimal, if any, effect on any further scheduling in this action; WHEREAS, pursuant to Civil Local Rule 6-1(b), the parties through counsel have met and conferred and reached agreement as set forth herein. THEREFORE, IT IS HEREBY STIPULATED by the parties through their respective counsel, subject to Court approval, as follows: 1. The hearing on Defendants’ pending Motion, currently scheduled for July 10, 2014, shall be taken off calendar and rescheduled for July 24, 2014 at 10:00 a.m. 1:00 p.m. 2. The Case Management Conference, currently scheduled for July 18, 2014, shall be taken off calendar and rescheduled for August 5, 2014 at 10:00 a.m. July 24, 2014 1:00 p.m. STIPULATION AND [PROPOSED] ORDER RESCHEDULING (1) HEARING ON DEFS.’ MOT. -1CASE NO. 3:14-CV-01802-VC TO DISMISS; AND (2) CMC; DECLARATION 1 2 3 3. The deadline for the parties to file a Joint Case Management Statement and Proposed Case Management Order shall be continued to and including July 29, 2014. 17 IT IS SO STIPULATED. 4 5 DRINKER BIDDLE & REATH LLP Dated: June 12, 2014 6 By: /s/ Michael J. Stortz Michael J. Stortz Matthew J. Adler 7 8 Attorneys for Defendants METROPCS COMMUNICATIONS, INC., METROPCS WIRELESS, INC., and T-MOBILE US, INC. 9 10 11 12 Dated: June 12, 2014 THE TIDRICK LAW FIRM 13 By: /s/ Steven G. Tidrick Steven G. Tidrick 14 15 Attorneys for Plaintiff MARY DUDLEY 16 17 18 19 20 21 22 Attestation Pursuant to Civil Local Rule 5-1(i) Pursuant to Civil Local Rule 5-1(i), I, Michael J. Stortz, hereby attest that I have obtained concurrence in the filing of this document from the other signatory to this document. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 12th day of June, 2014 in San Francisco, California. /s/ Michael J. Stortz Michael J. Stortz 23 24 PURSUANT TO STIPULATION, IT IS SO ORDERED. LI ER H SAN FRANCISCO STIPULATION AND [PROPOSED] ORDER RESCHEDULING (1) HEARING ON DEFS.’ MOT. TO DISMISS; AND (2) CMC; DECLARATION RT ATTORNEYS AT LAW FO NO The Honorable Vince Chhabria a UNITED STATESince Chhabri DISTRICT JUDGE Judge V 28 D RINKER B IDDLE & R EATH LLP ERED O ORD D IT IS S IFIE D AS MO R NIA Dated: June 16, 2014 ___________ -2- A 27 UNIT ED 26 S DISTRICT TE C TA RT U O S 25 N C OF D I S T ICASE NO. R CT 3:14-CV-01802-VC 1 2 3 DECLARATION OF MICHAEL J. STORTZ I, Michael J. Stortz, hereby declare: 1. I am a member of the State Bar of California, and admitted to practice before this 4 Court. I am a partner with the law firm of Drinker Biddle & Reath LLP, counsel for Defendants in this 5 proceeding. This Declaration is based upon my personal knowledge and, if called upon to do so, I 6 could and would competently testify to the matters set forth below 7 8 9 10 11 2. The schedule set forth above may be entered into by way of stipulation pursuant to Civil Local Rule 6-1(b). This Declaration is provided in support, pursuant to Civil Local Rule 6-2(a). 3. I have a pre-paid vacation planned for the week of July 7, 2014. As a result, I will not be able to attend a hearing on July 10, 2014. 4. The schedule set forth above was reached through meet and confer of the parties 12 through counsel. The parties have agreed that the hearing on Defendants’ pending motion to dismiss 13 should be rescheduled for July 24, 2014. The parties have further agreed that the Case Management 14 Conference should be continued to August 5, 2014. 15 16 17 18 5. There have not been any previous modifications of any scheduling order or other scheduled date in this action. 6. The proposed scheduling changes set forth above will not prejudice the parties and will have minimal, if any, effect on any further scheduling in this action. 19 I declare under penalty of perjury under the laws of the United States of America that the 20 foregoing is true and correct. Executed this 12th day of June, 2014 in San Francisco, California. 21 22 /s/ Michael J. Stortz Michael J. Stortz 23 24 25 26 27 28 D RINKER B IDDLE & R EATH LLP ATTORNEYS AT LAW SAN FRANCISCO STIPULATION AND [PROPOSED] ORDER RESCHEDULING (1) HEARING ON DEFS.’ MOT. TO DISMISS; AND (2) CMC; DECLARATION -3- CASE NO. 3:14-CV-01802-VC

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