Dudley v. MetroPCS Communications, Inc. et al
Filing
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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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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.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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MARY DUDLEY, on behalf of herself and
all others similarly situated,
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Case No. 3:14-cv-01802-VC
CLASS ACTION
Plaintiffs,
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v.
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METROPCS COMMUNICATIONS,
INC.; METROPCS WIRELESS, INC.; TMOBILE US, INC.; and DOES 1-100,
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Defendants.
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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
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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
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WHEREAS, Defendants MetroPCS Communications, Inc., MetroPCS Wireless, Inc., and T-
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Mobile US, Inc. (“Defendants”) have filed a motion (1) to dismiss Plaintiff Mary Dudley’s Amended
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Complaint; and (2) to strike the class allegations (D.E. 8) (hereafter, “Motion”);
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WHEREAS, the hearing on Defendants’ Motion was previously set for June 26, 2014;
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WHEREAS, by order filed June 11, 2014 (D.E. 21), this Court rescheduled the hearing on
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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:
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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.
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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
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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.
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IT IS SO STIPULATED.
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DRINKER BIDDLE & REATH LLP
Dated: June 12, 2014
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By: /s/ Michael J. Stortz
Michael J. Stortz
Matthew J. Adler
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Attorneys for Defendants
METROPCS COMMUNICATIONS, INC.,
METROPCS WIRELESS, INC., and
T-MOBILE US, INC.
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Dated: June 12, 2014
THE TIDRICK LAW FIRM
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By: /s/ Steven G. Tidrick
Steven G. Tidrick
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Attorneys for Plaintiff
MARY DUDLEY
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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
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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
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D RINKER B IDDLE &
R EATH LLP
ERED
O ORD D
IT IS S
IFIE
D
AS MO
R NIA
Dated: June 16, 2014
___________
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A
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UNIT
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S DISTRICT
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N
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OF
D I S T ICASE NO.
R CT
3:14-CV-01802-VC
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DECLARATION OF MICHAEL J. STORTZ
I, Michael J. Stortz, hereby declare:
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I am a member of the State Bar of California, and admitted to practice before this
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Court. I am a partner with the law firm of Drinker Biddle & Reath LLP, counsel for Defendants in this
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proceeding. This Declaration is based upon my personal knowledge and, if called upon to do so, I
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could and would competently testify to the matters set forth below
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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).
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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.
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The schedule set forth above was reached through meet and confer of the parties
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through counsel. The parties have agreed that the hearing on Defendants’ pending motion to dismiss
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should be rescheduled for July 24, 2014. The parties have further agreed that the Case Management
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Conference should be continued to August 5, 2014.
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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.
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I declare under penalty of perjury under the laws of the United States of America that the
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foregoing is true and correct. Executed this 12th day of June, 2014 in San Francisco, California.
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/s/ Michael J. Stortz
Michael J. Stortz
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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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