Dudley v. MetroPCS Communications, Inc. et al

Filing 40

Order by Hon. Vince Chhabria granting 38 Stipulation to Continue the Case Management Conference and Modify Briefing Deadlines..(knm, COURT STAFF) (Filed on 10/14/2014)

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MICHAEL J. STORTZ (SBN #139386)
[e-mail]
MATTHEW J. ADLER (SBN #273147)
[e-mail]
DRINKER BIDDLE & REATH LLP
50 Fremont Street, 20th Floor
San Francisco, CA 94105-2235
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
METROPCS WIRELESS, INC. and T-MOBILE
US, INC., f/k/a MetroPCS Communications, 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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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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Case No. 3:14-cv-01802-VC
STIPULATION AND [PROPOSED]
ORDER (1) TO CONTINUE CASE
MANAGEMENT CONFERENCE AND (2)
TO MODIFY BRIEFING DEADLINES
RELATED TO DEFENDANTS’ MOTIONS
IN RESPONSE TO PLAINTIFF’S SECOND
AMENDED COMPLAINT;
DECLARATION OF MICHAEL J.
STORTZ IN SUPPORT

Defendants.
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D RINKER B IDDLE &
R EATH LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CMC; STORTZ DECLARATION

CASE NO. 3:14-CV-01802-VC

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Pursuant to Civil Local Rule 6-1(b), the parties through counsel have met and conferred and
reached agreement, as follows.

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WHEREAS, after convening for a Case Management Conference on September 30, 2014, the

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Court issued a Minute Order (D.E. 36) requiring the parties to participate in a Settlement Conference

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before Magistrate Judge Joseph C. Spero, and scheduling a further Case Management Conference for

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January 22, 2015;

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WHEREAS, the Settlement Conference is currently scheduled for December 10, 2014, pursuant
to the Settlement Conference Order issued by Judge Spero (D.E. 37);

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WHEREAS, in light of the discussion at the September 30, 2014 Case Management

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Conference, Defendants plan to file, on or before October 31, 2014, a Motion to Dismiss Plaintiff’s

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Second Amended Complaint (SAC), and a Motion to Strike the putative class allegations based on lack

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of numerosity;

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WHEREAS, Plaintiff anticipates deposing one or more witnesses identified in Defendants’

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Motion to Strike, and seeks adequate time to take those depositions prior to filing her Opposition to

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said Motion;

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WHEREAS, the parties have met and conferred and have agreed to a briefing and hearing

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schedule for these two Motions that allows for deposition discovery and further briefing to occur after

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the December 10, 2014 Settlement Conference, as set forth below.

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THEREFORE, IT IS HEREBY STIPULATED by the parties through their respective counsel,
subject to Court approval, as follows:
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Defendants shall have to and including October 31, 2014 to file their: (a) Motion to

Dismiss Plaintiff’s SAC; and (b) Motion to Strike the putative class allegations in Plaintiff’s SAC.

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2.

Plaintiff shall have to and including January 22, 2015 to file papers in opposition.

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3.

Defendants shall have to and including February 12, 2015 to file papers in reply.

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4.

The hearing on Defendants’ Motions shall be set for February 26, 2015 at 10:00 a.m.

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5.

The Case Management Conference currently scheduled for January 22, 2015 shall be
March 10

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D RINKER B IDDLE &
R EATH LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

continued to February 26, 2015 at 10:00 a.m., immediately following hearing on Defendants’ Motions.
6.

The deadline for the parties to file an updated Joint Case Management Statement shall

STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CMC; STORTZ DECLARATION

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CASE NO. 3:14-CV-01802-VC

March 3

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be continued to and including February 19, 2015.
IT IS SO STIPULATED.

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Dated: October 10, 2014

THE TIDRICK LAW FIRM

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By: /s/ Steven G. Tidrick
Steven G. Tidrick
Joel B. Young

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Attorneys for Individual and Representative
Plaintiff MARY DUDLEY

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Dated: October 10, 2014

DRINKER BIDDLE & REATH LLP

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By: /s/ Michael J. Stortz
Michael J. Stortz
Matthew J. Adler

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Attorneys for Defendants
METROPCS WIRELESS, INC. and TMOBILE US, INC., f/k/a MetroPCS
Communications, Inc.

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Attestation Pursuant to Civil Local Rule 5-1(i)

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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 10th day of October, 2014 in San Francisco,
California.
/s/ Michael J. Stortz
Michael J. Stortz

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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October 14,
Dated: ___________ 2014

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The Honorable Vince Chhabria
UNITED STATES DISTRICT JUDGE

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D RINKER B IDDLE &
R EATH LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CMC; STORTZ DECLARATION

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CASE NO. 3:14-CV-01802-VC