Roberts et al v. AT&T Mobility LLC

Filing 79

STIPULATION AND ORDER re 78 Vacating Case Management Conference filed by Marcus A. Roberts, James Krenn, Kenneth A. Chewey, Ashley M. Chewey. Case Management Statement due by 12/7/2017. Initial Case Management Conference reset for 12/14/2017 09:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 3/13/17. (bpf, COURT STAFF) (Filed on 3/13/2017)

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Michael W. Sobol (State Bar No. 194857)
Roger N. Heller (State Bar No. 215348)
LIEFF CABRASER HEIMANN & BERNSTEIN LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Alexander H. Schmidt (admitted pro hac vice)
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
270 Madison Avenue
New York, New York 10016
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs and the Proposed Class
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MARCUS A. ROBERTS,
KENNETH A. CHEWEY,
ASHLEY M. CHEWEY, AND
JAMES KRENN, on behalf of
themselves and all others similarly
situated,

Case No. 3:15-cv-3418-EMC
JOINT STIPULATION AND [PROPOSED]
ORDER VACATING CASE MANAGEMENT
CONFERENCE
Judge: Hon. Edward M. Chen

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Plaintiffs,

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v.

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AT&T MOBILITY LLC,

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Defendant.

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JOINT STIPULATION AND [PROPOSED] ORDER
VACATING CASE MANAGEMENT CONFERENCE;
CASE NO. 3:15-CV-3418

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Plaintiffs Marcus A. Roberts, Kenneth A. Chewey, and Ashley M. Chewey (“Plaintiffs”)
and Defendant AT&T Mobility LLC (“AT&T”) hereby stipulate and respectfully request that the
Case Management Conference scheduled in this matter for March 23, 2017 be vacated and
rescheduled as set forth below, for the reasons set forth herein:
1.

A Case Management Conference is currently scheduled in this matter for March

23, 2017, at 9:30 a.m., with an updated Joint Case Management Conference Statement due by
March 16, 2017. (Docket No. 75).
2.

This action is currently stayed and on appeal. On April 27, 2016, the Court

entered an order “grant[ing] AT&T’s motion to compel arbitration” and “stay[ing] this action
pending the resolution of the arbitration.” (Docket No. 60). On June 27, 2016, the Court granted
Plaintiffs’ motion to certify for interlocutory appeal the Court’s arbitration order. (Docket No.
69). On October 20, 2016, the Court of Appeals granted Plaintiffs permission to appeal pursuant
to 28 U.S.C. § 1292(b). (Docket No. 77-1). Briefing on Plaintiffs’ appeal is underway. There is
currently no date set for oral argument on Plaintiffs’ appeal.
3.

Given the current procedural posture—i.e., the stay and pending appeal—the

parties respectfully jointly request that the Case Management Conference currently scheduled for
March 23, 2017 be vacated, with the parties ordered to submit, within ten (10) days following the
resolution of Plaintiffs’ pending appeal, a joint status report and request for further status
conference.

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IT IS SO STIPULATED.

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Dated: March 10, 2017
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LIEFF CABRASER HEIMANN & BERNSTEIN
LLP
By: /s/ Roger N. Heller
Roger N. Heller
Attorneys for Plaintiffs and the Proposed Class

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JOINT STIPULATION AND [PROPOSED] ORDER
VACATING CASE MANAGEMENT CONFERENCE
CASE NO. 3:15-CV-3418

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Dated: March 10, 2017

MAYER BROWN LLP

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By: /s/ Donald M. Falk
Donald M. Falk
Attorneys for Defendant
AT&T Mobility LLC

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The CMC is reset for

PURSUANT TO STIPULATION, IT IS SO ORDERED.
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12/14/17.

cmc statement shall be filed

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3/13
Date: ___________, 2017

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An updated joint

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SIGNATURE ATTESTATION

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I am the ECF User whose identification and password are being used to file the foregoing

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document. In compliance with General Order 45, I hereby attest that the signatories indicated

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above via a conformed signature have concurred in this filing.

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By:

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/s/ Roger N. Heller

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1341777.1

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JOINT STIPULATION AND [PROPOSED] ORDER
VACATING CASE MANAGEMENT CONFERENCE
CASE NO. 3:15-CV-3418