Somers v. Digital Realty Trust Inc et al

Filing 210

STIPULATION AND ORDER re 204 FOR TEMPORARY STAY PENDING PETITION FOR WRIT OF CERTIORARI PROCEEDINGS filed by Digital Realty Trust Inc. Status Report due by 6/15/2017. Status Conference set for 6/22/2017 10:30 AM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 4/11/17. (bpfS, COURT STAFF) (Filed on 4/11/2017)

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SEYFARTH SHAW LLP
Brian T. Ashe (SBN 139999)
[e-mail]
Kiran A. Seldon (SBN 212803)
[e-mail]
Shireen Yvette Wetmore (SBN 278501)
[e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105-2930
Telephone: [phone]
Facsimile: [phone]
SEYFARTH SHAW LLP
Kyle A. Petersen (ISBN 6275689) (Pro Hac Vice)
[e-mail]
131 South Dearborn Street, Suite 2400
Chicago, Illinois 60603
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendants
DIGITAL REALTY TRUST, INC. and
ELLEN JACOBS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PAUL SOMERS, an individual,

Case No. 4:14-cv-05180-EMC

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Plaintiff,

STIPULATION FOR TEMPORARY
STAY PENDING PETITION FOR WRIT
OF CERTIORARI PROCEEDINGS;
[PROPOSED] ORDER

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v.
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DIGITAL REALTY TRUST, INC., a Maryland
corporation, ELLEN JACOBS, and individual, and
DOES ONE through TEN, inclusive,

Current Hearing Date on Motion to Stay
Date:
May 4, 2017
Time:
1:30 p.m.
Courtroom:
5, 17th Floor
Judge:
Hon. Edward M. Chen

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Defendants.
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STIPULATION FOR TEMPORARY STAY PENDING PETITION FOR WRIT OF CERTIORARI PROCEEDINGS;
[PROPOSED] ORDER
38447190v.1

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STIPULATION
Pursuant to Civil L.R. 7-12, Plaintiff PAUL SOMERS (“Plaintiff”), for himself, and Defendants

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DIGITAL REALTY TRUST, INC. (“Digital”) and ELLEN JACOBS (collectively “Defendants”), by

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and through their undersigned counsel, hereby stipulate and agree as follows:

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WHEREAS, on March 30, 2017, Digital filed a Motion for Temporary Stay Pending Petition for

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Writ of Certiorari Proceedings (“Motion”), requesting that the Court temporarily stay proceedings in this

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matter until the U.S. Supreme Court disposes of Digital’s forthcoming petition for writ of certiorari, Dkt.

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No. 202;

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WHEREAS, Plaintiff initially advised Digital that he opposed the requested stay, but has since

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retained the law firm of Stris & Maher LLP, a well-respected litigation boutique, to represent him in

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proceedings before the U.S. Supreme Court;

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WHEREAS, Defendants have now agreed to further expedite the filing of their certiorari

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petition, and have also agreed to waive the 14-day waiting period for filing a petition-stage reply (see S.

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Ct. R. 15.5), thereby ensuring a timely distribution for the Justices’ June 15 conference;

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WHEREAS, Plaintiff now agrees that a short stay would promote his interests pending the

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Supreme Court’s disposition of Digital’s petition, and that such a stay would conserve the resources of

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the parties and the Court;

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THEREFORE, THE PARTIES HEREBY STIPULATE AND RESPECTFULLY

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REQUEST THAT THE COURT ORDER a temporary stay of district-court proceedings in this case

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pending the Supreme Court’s disposition of Digital’s petition for writ of certiorari, and that the hearing

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scheduled on Digital’s Motion be taken off-calendar.

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DATED: April 5 2017

SEYFARTH SHAW LLP
By:

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/s/ Brian T. Ashe
Brian T. Ashe
Kyle A. Petersen
Kiran A. Seldon
Shireen Y. Wetmore

Attorneys for Defendants
DIGITAL REALTY TRUST
and ELLEN JACOBS

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STIPULATION FOR TEMPORARY STAY PENDING PETITION FOR WRIT OF CERTIORARI PROCEEDINGS;
[PROPOSED] ORDER
38447190v.1

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DATED: April 5, 2017

By:

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/s/ Paul Somers
Paul Somers

Plaintiff, pro se

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ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3)

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I, Brian T. Ashe, attest that concurrence in the filing of this document has been obtained from the
signatory Paul Somers.
Executed this 5th day of April 2017 in San Francisco, California.

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By:

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/s/ Brian T. Ashe

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED that the hearing on Defendant
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Digital Realty Trust, Inc.’s Motion for Temporary Stay Pending Petition for Writ of Certiorari
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Proceedings is hereby taken off-calendar, and that all district-court proceedings in this case shall be
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stayed pending the U.S. Supreme Court’s disposition of Defendant Digital Realty Trust’s forthcoming
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petition for writ of certiorari. 5/4/17 Motion to stay hearing is vacated.

S
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DATED: April ____, 2017

Status is set for 6/22/17 at 10:30 a.m. An updated
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Joint status Report shall be filed by 6/15/17.
Honorable Edward M. Chen
DISTRJudge United States District Court
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Further

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D IS T 3 C T
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OF

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STIPULATION FOR TEMPORARY STAY PENDING PETITION FOR WRIT OF CERTIORARI PROCEEDINGS;
[PROPOSED] ORDER
38447190v.1