Nunes v. Twitter, Inc.

Filing 56

Order by Hon. Vince Chhabria granting 55 Stipulation to Continue Stay of Proceedings to September 9, 2015 and Modify Case Schedule.(knm, COURT STAFF) (Filed on 6/1/2015) Modified on 6/1/2015 (knm, COURT STAFF).

1
2
3
4
5
6

JOHN G. JACOBS (PRO HAC VICE)
BRYAN G. KOLTON (PRO HAC VICE)
JACOBS KOLTON, CHTD.
55 West Monroe Street, Suite 2970
Chicago, Illinois 60603
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

7

Attorneys for Plaintiff Beverly Nunes

8

12

DAVID H. KRAMER, State Bar No. 168452
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

13

Attorneys for Defendant Twitter, Inc.

9
10
11

14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16

SAN FRANCISCO DIVISION

17
18
19

BEVERLY NUNES, individually and on behalf
of a class of similarly situated individuals,
Plaintiff,

20
21

v.

22

TWITTER, INC.,

23

Defendant.

24
25
26
27
28
STIPULATION AND [PROPOSED]
ORDER CONTINUING STAY
CASE NO.: 14-CV-02843-VC

)
)
)
)
)
)
)
)
)
)
)
)

CASE NO.: 14-cv-02843-VC
STIPULATION AND [PROPOSED]
ORDER CONTINUING STAY OF
PROCEEDINGS AND MODIFYING
CASE SCHEDULE

1

Plaintiff Beverly Nunes (“Plaintiff”) and Defendant Twitter, Inc. (“Twitter”) (collective-

2

ly, “the Parties”) have met and conferred on the status of the above-captioned matter, and have

3

jointly agreed to request a further three-month stay of proceedings in this matter through Sep-

4

tember 3, 2015, along with corresponding extensions to the existing discovery and summary

5

judgment briefing schedule.

6

In support of their stipulated request, the Parties state as follows:

7

1.

On March 5, 2015, pursuant to stipulation of the Parties, the Court entered a

8

three-month stay of all proceedings in this matter and modified discovery and summary judg-

9

ment deadlines accordingly. The stay is currently scheduled to end on June 2, 2015.

10
11
12

2.

On May 28, 2015, the Parties met and conferred through their respective counsel

regarding a potential stipulation to extend the stay in this case.
3.

Twitter believes the stay should be extended because issues presented in three

13

proceedings currently pending before the Ninth Circuit Court of Appeals, the U.S. Supreme

14

Court, and the Federal Communications Commission (FCC) directly bear upon issues to be ad-

15

dressed by the Court in this action and may control this case. Specifically, in Marks v. Crunch

16

San Diego, LLC, No. 14-56834 (9th Cir. appeal filed Nov. 21, 2014), the Ninth Circuit will ad-

17

dress what is the proper definition of an “automatic telephone dialing system” under the TCPA.

18

In Spokeo Inc. v. Robins, No. 13-1339 (certiorari granted April 27, 2015), the U.S. Supreme

19

Court will resolve a circuit split on the question of whether a plaintiff alleging a statutory viola-

20

tion must show actual injury to demonstrate Article III standing. Oral argument in Spokeo is

21

scheduled for the October 2015 term. Finally, there are currently five petitions pending before

22

the FCC seeking rulings (i) clarifying that “prior express consent of the called party” for purpos-

23

es of the TCPA means consent of the intended recipient of the call, and/or (ii) establishing a safe

24

harbor so that businesses who make good faith efforts to comply with the TCPA cannot be held

25

liable just because a wireless number has been reassigned. FCC Chairman Tom Wheeler an-

26

nounced on May 27, 2015 that he has circulated a proposal to address these and other TCPA-

27

related petitions, which will be voted on by the full Commission on June 18, 2015.

28
STIPULATION AND [PROPOSED]
ORDER CONTINUING STAY
CASE NO.: 14-CV-02843-VC

-2-

1

4.

Plaintiff agrees that the stay in this case should be continued through September

2

3, 2015 in light of the FCC’s imminent action on the recycled numbers and other TCPA-related

3

petitions, but disagrees that the case should be stayed pending resolution of the Marks and

4

Spokeo proceedings. Nevertheless, Plaintiff agrees that during the pendency of the continued

5

stay, Twitter may move to further extend the stay beyond September 3, 2015.

6
7
8
9
10
11

THE PARTIES THEREFORE STIPULATE through their undersigned counsel, subject
to the Court’s approval, that:
1.

The stay of all proceedings in this matter should be continued through September

3, 2015.
2.

The existing case schedule should be modified as follows: Phase I Discovery shall

12

be completed by December 30, 2015; Initial Expert Witness statements shall be submitted by

13

January 15, 2015; Rebuttal Expert Witness statements shall be submitted by January 29, 2016;

14

Motions for Summary Judgment on Phase 1 to be heard on May 19, 2016 10:00 a.m.

15

3.

If Twitter wishes to seek further extension of the stay past September 3, 2015, it

16

may file a motion seeking such relief during the pendency of the stay. Any motion by Twitter to

17

further continue the stay shall be due by July 8, 2015; any opposition by Plaintiff shall be due by

18

July 29, 2015; Twitter’s reply shall be due by August 5, 2015; and the matter will be set for hear-

19

ing on a date on or after August 21, 2015, to be determined by the Court.

20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED]
ORDER CONTINUING STAY
CASE NO.: 14-CV-02843-VC

-3-

1

DATE: May 29, 2015

2

David H. Kramer
WILSON SONSINI GOODRICH & ROSATI

3

Attorney for Defendant Twitter, Inc.

4
5

/s/ David H. Kramer

DATE: May 29, 2015

6

/s/ John G. Jacobs
John G. Jacobs (PRO HAC VICE)
JACOBS KOLTON, CHTD
Jeffrey F. Keller
KELLER GROVER, LLP

7
8

Attorneys for Plaintiff Beverly Nunes
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED]
ORDER CONTINUING STAY
CASE NO.: 14-CV-02843-VC

-4-

1
2

PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, IT IS HEREBY
ORDERED THAT:

3
4
5

1.

The stay of all proceedings in this matter are continued through September 3,

2.

The existing case schedule is modified as follows: Phase I Discovery shall be

2015.

6

completed by December 30, 2015; Initial Expert Witness statements shall be submitted by Janu-

7

ary 15, 2015; Rebuttal Expert Witness statements shall be submitted by January 29, 2016; Mo-

8

tions for Summary Judgment on Phase 1 to be heard on May 19, 2016 10:00 a.m.

9

3.

If Twitter wishes to seek further extension of the stay past September 3, 2015, it

10

may file a motion seeking such relief during the pendency of the stay. Any motion by Twitter to

11

further continue the stay shall be due by July 8, 2015; any opposition by Plaintiff shall be due by

12

July 29, 2015; Twitter’s reply shall be due by August 5, 2015; and the matter will be set for hear-

13

ing on a date on or after August 21, 2015, to be determined by the Court.

14
15

1
SIGNED this ____ day of June, 2015.

16
17

__________________________________
VINCE CHHABRIA
UNITED STATES DISTRICT JUDGE

18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED]
ORDER CONTINUING STAY
CASE NO.: 14-CV-02843-VC

-5-