Federal Trade Commission v. AT&T Mobility LLC

Filing 44

STIPULATION AND ORDER re 43 STIPULATION WITH PROPOSED ORDER for further limited briefing filed by Federal Trade Commission. Signed by Judge Edward M. Chen on 2/27/15 (as modified). FTC's sur-reply due by Monday, March 2, 2015.AT&T's sur-reply due by Thursday, March 5, 2015.(bpf, COURT STAFF) (Filed on 2/27/2015)

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DAVID C. SHONKA
Acting General Counsel
EVAN ROSE, Cal. Bar No. 253478
MATTHEW D. GOLD, N.Y. Bar No. 2073963
LAURA FREMONT, Cal. Bar No. 159670
ERIC EDMONDSON, D.C. Bar No. 450294
KERRY O’BRIEN, Cal. Bar No. 149264
DAVID M. NEWMAN, Cal. Bar No. 54218
LINDA K. BADGER, Cal. Bar No. 122209

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Address:

Federal Trade Commission
901 Market Street, Suite 570
San Francisco, CA 94103

Email:

[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail];
[e-mail]; [e-mail]

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Tel. / Fax: [phone]

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Attorneys for Plaintiff
FEDERAL TRADE COMMISSION

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
San Francisco Division

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FEDERAL TRADE COMMISSION,
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Case No. 14-cv-04785-EMC
Plaintiff,
v.
AT&T MOBILITY LLC, a limited liability
company,
Defendant.

STIPULATED REQUEST FOR
FURTHER LIMITED BRIEFING
REGARDING DEFENDANT AT&T’S
MOTION TO DISMISS
Hearing Date: Mar. 12, 2015
Time:
9:30 a.m.
Courtroom:
5, 17th Floor

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Stipulated Request for Further Briefing – 14-cv-04785-EMC

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Pursuant to Civil Local Rules 7-3(d) and 7-12, plaintiff Federal Trade Commission

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(“FTC”) and defendant AT&T Mobility LLC (“AT&T”) (collectively, the “Parties”) hereby

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respectfully request Court approval to submit limited additional briefing relevant to AT&T’s

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Motion to Dismiss (Dkt. #29). This request is occasioned by recent action by the Federal

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Communications Commission (“FCC”). Earlier today, the FCC issued an order reclassifying

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broadband internet access services – including the mobile data service at issue in this case – as

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common carriage subject to Title II of the Communications Act. See FCC Adopts Strong,

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Sustainable Rules to Protect the Open Internet, FCC press release, Feb. 26, 2015, available at

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http://transition.fcc.gov/Daily_Releases/Daily_Business/2015/db0226/DOC-332260A1.pdf.

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Because AT&T’s motion relies on the common carrier exemption to Section 5 of the FTC Act,

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15 U.S.C. § 45, the parties believe that the Court would benefit from further limited briefing on

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what effect, if any, the FCC’s action should have on this matter.

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Accordingly, the parties request the following additional briefing:

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1. A sur-reply, not to exceed ten pages, to be filed by the FTC on Tuesday, March 3,

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2015.

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2. A sur-sur-reply, not to exceed ten pages, to be filed by AT&T on Friday, March 6,
2015.
Pursuant to Civil Local Rule 5-1(i), I hereby attest that I have obtained concurrence in the
filing of this document from all other signatories to this document.

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Respectfully submitted,

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Dated: Feb. 26, 2015

DAVID C. SHONKA
Acting General Counsel
/s/ Evan Rose
EVAN ROSE et al.
Attorneys for Plaintiff
FEDERAL TRADE COMMISSION

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Stipulated Request for Further Briefing – 14-cv-04785-EMC

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Dated: Feb. 26, 2015

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KELLOGG, HUBER, HANSEN, TODD,
EVANS & FIGEL, P.L.L.C.
/s/ Michael K. Kellogg
MICHAEL K. KELLOGG

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Attorney for Defendant
AT&T MOBILITY LLC

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S

RT

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NO

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dward
Judge E

ER

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M. Che

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R NIA

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________________________________________
HONORABLE EDWARD M. CHEN ED
RDER
IS SO OJUDGE
UNITED STATES T
I DISTRICTDIFIED
AS MO
NORTHERN DISTRICT OF CALIFORNIA

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DATED: ____________________
2/27/15

UNIT
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
FTC's sur-reply due by Monday, March 2, 2015.
AT&T's sur-reply due by Thursday, March 5, 2015.

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Stipulated Request for Further Briefing – 14-cv-04785-EMC

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