Ambrosia et al v. Cogent Communications, Inc.

Filing 98

STIPULATION AND ORDER to Continue Deadlines for opposition and reply briefs to defendant's motion for a stay and motion to certify order for interlocutory appeal; and continue hearing and case management conference. Signed by Judge Richard Seeborg on 2/2/16. (cl, COURT STAFF) (Filed on 2/2/2016)

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HAYNES AND BOONE, LLP
Tamara I. Devitt/Bar No. 209683
[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.

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COGENT COMMUNICATIONS, INC.,

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Defendant.

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Case No. 3:14-cv-02182-RS
Assigned to:
U.S. District Judge Richard Seeborg
STIPULATION TO: (1) CONTINUE
DEADLINES FOR OPPOSITION AND
REPLY BRIEFS TO DEFENDANT’S
MOTION FOR A STAY AND MOTION
TO CERTIFY ORDER FOR
INTERLOCUTORY APPEAL; AND (2)
CONTINUE HEARING AND CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER

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Complaint filed:

May 12, 2014

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Case No. 3:14-cv-02182-RS
STIPULATION TO: (1) CONTINUE DEADLINES FOR OPPOSITION AND REPLY BRIEFS TO
DEFENDANT’S MOTION FOR A STAY AND MOTION TO CERTIFY ORDER FOR INTERLOCUTORY
APPEAL; AND (2) CONTINUE HEARING AND CASE MANAGEMENT CONFERENCE

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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 TO: (1) CONTINUE DEADLINES FOR OPPOSITION AND REPLY BRIEFS TO
DEFENDANT’S MOTION FOR A STAY AND MOTION TO CERTIFY ORDER FOR INTERLOCUTORY
APPEAL; AND (2) CONTINUE HEARING AND CASE MANAGEMENT CONFERENCE

STIPULATION

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Plaintiffs Joan Ambrosio, et al. (“Plaintiffs”) and Defendant Cogent Communications,

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Inc. (“Defendant”) (the “Parties”), by and through their counsel of record, hereby stipulate as

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follows:
WHEREAS, on January 4, 2016, the Court set a case management conference (“CMC”)

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in this matter for February 4, 2016, at 10:00 a.m. (ECF No. 80.)

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WHEREAS, on January 19, 2016, Defendant filed a Motion to Certify Order for

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Interlocutory Appeal (ECF No. 83) (“Motion to Certify”) and a Motion for a Stay Pending

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Appeal (ECF No. 84) (“Motion to Stay”) (the “Pending Motions”) and set the hearing for March

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3, 2016.

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WHEREAS, on January 29, 2016, the clerk of the Court gave notice that the CMC

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previously set for February 4, 2016 is continued to March 3, 2016, at 1:30 p.m.—the same time

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and date as the currently scheduled hearing on the Pending Motions.

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WHEREAS, lead defense counsel, Ms. Tamara Devitt of Haynes and Boone, LLP, is

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scheduled to be out of state at a firm event in New York City on March 3, 2016. The event has

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already been publicized to the firm’s clients, Ms. Devitt has already booked travel plans, and

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she will be one of three primary speakers at the event.
WHEREAS, the Parties are available on March 10, 2016, at 1:30 p.m., to appear for a

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hearing on the Pending Motions and for a CMC.

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WHEREAS, to conserve party and judicial resources, the Parties agree that the hearing

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on the Pending Motions and the CMC, currently set for March 3, 2016, should both be

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continued to March 10, 2016.

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WHEREAS, the Parties also respectfully request that the Court continue the briefing

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schedule on the Pending Motions as detailed below. This enlargement of time will provide the

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Court with ample time to review the papers prior to the hearing on the Pending Motions,

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especially if it is held concurrently with the CMC on March 10, 2016 instead of March 3, 2016.

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///

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///
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Case No. 3:14-cv-02182-RS

STIPULATION TO: (1) CONTINUE DEADLINES FOR OPPOSITION AND REPLY BRIEFS TO
DEFENDANT’S MOTION FOR A STAY AND MOTION TO CERTIFY ORDER FOR INTERLOCUTORY
APPEAL; AND (2) CONTINUE HEARING AND CASE MANAGEMENT CONFERENCE

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NOW, THEREFORE, the Parties, by and through their counsel of record, hereby
stipulate, subject to approval of the Court, to the following:
(1)

The CMC and hearing on the Pending Motions, currently scheduled for March 3,

2016, are continued to March 10, 2016, at 1:30 p.m. in the above-entitled Court.

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(2)

The briefing schedule for the Pending Motions shall be as follows:

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February 9, 2016

Plaintiffs’ Opposition to Defendant’s Motion to Certify

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Order for Interlocutory Appeal

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Plaintiffs’ Opposition to Defendant’s Motion for a Stay

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Pending Appeal

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February 19, 2016

Defendant’s Reply Briefs in support of Motion to Certify

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Order for Interlocutory Appeal and Motion for a Stay

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Pending Appeal

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March 10, 2016, 1:30 p.m.

Hearing/Case Management Conference

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IT IS SO STIPULATED.

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Respectfully submitted,

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Date: February 1, 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: February 1, 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 TO: (1) CONTINUE DEADLINES FOR OPPOSITION AND REPLY BRIEFS TO
DEFENDANT’S MOTION FOR A STAY AND MOTION TO CERTIFY ORDER FOR INTERLOCUTORY
APPEAL; AND (2) CONTINUE HEARING AND CASE MANAGEMENT CONFERENCE

[PROPOSED] ORDER

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PURSUANT TO STIPULATION:

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(1)

The hearing on Defendant’s Motion to Certify Order for Interlocutory Appeal

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and Motion for a Stay Pending Appeal, currently set for March 3, 2016, shall be continued to

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March 10, 2016, at 1:30 p.m., in the above-entitled Court.

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(2)

The case management conference, currently set for March 3, 2016, shall be

continued to March 10, 2016, at 1:30 p.m., in the above-entitled Court.
(3)

The revised briefing schedule on Defendant’s Motion to Certify Order for

Interlocutory Appeal and Motion for a Stay Pending Appeal is as follows:
February 9, 2016

Plaintiffs’ Opposition to Defendant’s Motion to Certify

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Order for Interlocutory Appeal

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Plaintiffs’ Opposition to Defendant’s Motion for a Stay

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Pending Appeal

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February 19, 2016

Defendant’s Reply Briefs in support of Motion to Certify

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Order for Interlocutory Appeal and Motion for a Stay

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Pending Appeal

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March 10, 2016, 1:30 p.m.

Hearing/Case Management Conference

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IT IS SO ORDERED.

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2/2/16
Date: ________________________
__________________________________
Judge Richard Seeborg
United States District Court

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[PROPOSED] ORDER

Case No. 3:14-cv-02182-RS

PROOF OF SERVICE

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I hereby certify that on February 1, 2016, I filed the foregoing document:

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STIPULATION TO: (1) CONTINUE DEADLINES FOR OPPOSITION AND

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REPLY BRIEFS TO DEFENDANT’S MOTION FOR A STAY AND MOTION TO

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CERTIFY ORDER FOR INTERLOCUTORY APPEAL; AND (2) CONTINUE

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HEARING AND CASE MANAGEMENT CONFERENCE with the Court through this

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district’s CM/ECF system. Pursuant to Local Rule 5-1(e), the “Notice of Electronic Filing”

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automatically generated by the CM/ECF at the time the document is filed with the system

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constitutes automatic service of the document on counsel of record who have consented to

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electronic service.

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/s/ Breean Cordova
Breean Cordova

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PROOF OF SERVICE

Case No. 3:14-cv-02182-RS