Ambrosia et al v. Cogent Communications, Inc.

Filing 153

STIPULATION AND ORDER to Continue All Dates and Deadlines Pending Final Settlement Approval. Signed by Judge Richard Seeborg on 12/27/16. (cl, COURT STAFF) (Filed on 12/27/2016)

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HAYNES AND BOONE, LLP
Tamara I. Devitt/Bar No. 209683
[e-mail]
Mary-Christine Sungaila/Bar No. 156795
[e-mail]
Kimberly A. Chase/Bar No. 253311
[e-mail]
Matthew E. Costello/Bar No. 295062
[e-mail]
600 Anton Boulevard, Suite 700
Costa Mesa, California 92626
T: [phone] | F: [phone]
HAYNES AND BOONE, LLP
Meghaan C. Madriz (pro hac vice)
[e-mail]
1221 McKinney Street, Suite 2100
Houston, Texas 77010
T: [phone] | F: [phone]

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Attorneys for Defendant
COGENT COMMUNICATIONS, INC.

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(Additional Counsel on Following Page)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOAN AMBROSIO et al., on behalf of
themselves and those similarly situated,
Plaintiffs,

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vs.

Case No. 3:14-cv-02182-RS
Assigned to:
U.S. District Judge Richard Seeborg

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STIPULATION AND [PROPOSED]
ORDER TO CONTINUE ALL DATES
AND DEADLINES PENDING FINAL
SETTLEMENT APPROVAL;
DECLARATION OF MATTHEW E.
COSTELLO IN SUPPORT THEREOF

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[Civil L.R. 6-2]

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Complaint filed:
Trail date:

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COGENT COMMUNICATIONS, INC.,

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Defendant.

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May 12, 2014
May 22, 2017

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Case No. 3:14-cv-02182-RS
STIPULATION AND [PROPOSED] ORDER TO CONTINUE ALL DATES AND DEADLINES
PENDING FINAL SETTLEMENT APPROVAL

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DUCKWORTH PETERS LEBOWITZ OLIVIER LLP
Thomas E. Duckworth/Bar No. 152369
[e-mail]
Monique Olivier/Bar No. 190385
[e-mail]
100 Bush Street, Suite 1800
San Francisco, California 94104
T: [phone] | F: [phone]
SHELLIST | LAZARZ | SLOBIN LLP
Todd Slobin (pro hac vice)
[e-mail]
11 Greenway Plaza, Suite 1515
Houston, Texas 77046
T: [phone] | F: [phone]
Attorneys for Plaintiffs
JOAN AMBROSIO, ET AL.

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Case No. 3:14-cv-02182-RS
STIPULATION AND [PROPOSED] ORDER TO CONTINUE ALL DATES AND DEADLINES
PENDING FINAL SETTLEMENT APPROVAL

STIPULATION

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Pursuant to Civil Local Rule (“L.R.”) 6-2, Plaintiffs Joan Ambrosio, et al. and

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Defendant Cogent Communications, Inc. (collectively, the “Parties”), by and through their

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counsel of record, hereby stipulate to continue all pending deadlines in this matter, as follows:
WHEREAS, on December 12, 2016, the Parties attended a private mediation conference

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to attempt to resolve this matter in good faith.
WHEREAS, on December 21, 2016, the Parties reached a settlement in principle of all

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claims in this action.
WHEREAS, Plaintiffs anticipate filing a motion for preliminary approval of class action

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settlement within approximately 30 days of the filing of this Stipulation.

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WHEREAS, the Parties agree that continuing all dates and deadlines until this Court has

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made a decision on final settlement approval will conserve judicial and party resources and

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ensure that the Parties will focus their efforts on reaching a final settlement in this case.
WHEREAS, pursuant to L.R. 6-2(a), this stipulation is accompanied by the Declaration

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of Matthew E. Costello.
NOW, THEREFORE, the Parties, by and through their counsel of record, hereby

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stipulate, subject to approval of the Court, that:
(i)

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Pursuant to L.R. 6-2(b), all dates and deadlines, including all motion filing

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deadlines, all non-expert and expert discovery deadlines, the pretrial conference

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date, all pretrial filing deadlines, and the trial date shall be continued until this

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Court has made a decision on final settlement approval.
(ii)

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If this Court does not issue final approval of the Parties’ settlement, the Parties

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will, within 14 days of the final settlement approval hearing, file a joint

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statement setting forth the status of litigation and any dates and deadlines that

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will need to be reinstated.

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///

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///

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///

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Case No. 3:14-cv-02182-RS
STIPULATION AND [PROPOSED] ORDER TO CONTINUE ALL DATES AND DEADLINES
PENDING FINAL SETTLEMENT APPROVAL

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IT IS SO STIPULATED.

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Respectfully submitted,

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Date: December 22, 2016

HAYNES AND BOONE, LLP
By:

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/s/ Matthew E. Costello
Matthew E. Costello
Attorneys for Defendant
COGENT COMMUNICATIONS, INC.
*I, Matthew E. Costello, attest that Monique Olivier
has concurred in the filing of this document.
(Civil L.R. 5-1(i).)

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Date: December 22, 2016

DUCKWORTH PETERS LEBOWITZ OLIVIER LLP
By:

/s/ Monique Olivier
Monique Olivier
Attorneys for Plaintiffs
JOAN AMBROSIO, ET AL.

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Case No. 3:14-cv-02182-RS
STIPULATION AND [PROPOSED] ORDER TO CONTINUE ALL DATES AND DEADLINES
PENDING FINAL SETTLEMENT APPROVAL

[PROPOSED] ORDER

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PURSUANT TO STIPULATION:

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All dates and deadlines, including all motion filing deadlines, all non-expert and expert

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discovery deadlines, the pretrial conference date, all pretrial filing deadlines, and the trial date

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are hereby continued until this Court has made a decision on final settlement approval.

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If this Court does not issue final approval of the Parties’ settlement, the Parties shall,

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within 14 days of the final settlement approval hearing, file a joint statement setting forth the

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status of litigation and any dates and deadlines that will need to be reinstated.

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IT IS SO ORDERED.

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Date: ________________________
12/27/16
__________________________________
Judge Richard Seeborg
United States District Court

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Case No. 3:14-cv-02182-RS
STIPULATION AND [PROPOSED] ORDER TO CONTINUE ALL DATES AND DEADLINES
PENDING FINAL SETTLEMENT APPROVAL