Krawczyk v. Directory Distributing Associates, Inc. et al

Filing 131

STIPULATION AND ORDER re 129 Stipulation Establishing Pleading Deadlines Pursuant to Civil Local Rule 6-1(a) filed by AT&T Advertising, LP, AT&T Services, Inc., YP Shared Services, LP, AT&T Inc., YP Holdings, LLC, AT&T Corp. Signed by Judge Vince Chhabria on 12/23/2016. (knm, COURT STAFF) (Filed on 12/23/2016)

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JULIE A. TOTTEN (STATE BAR NO. 166470)
[e-mail]
LEO MONIZ (STATE BAR NO. 285571)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
Sacramento, California 95814-4497
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
AT&T CORP.; AT&T SERVICES, INC.; YP
HOLDINGS LLC; YP ADVERTISING &
PUBLISHING LLC, successor to AT&T
ADVERTISING, L.P., incorrectly sued as AT&T
ADVERTISING, LP d/b/a AT&T ADVERTISING
AND PUBLISHING, d/b/a AT&T ADVERTISING
SOLUTIONS, d/b/a PACIFIC BELL DIRECTORY,
d/b/a YP WESTERN DIRECTORY LLC; and YP
LLC, successor to YP SHARED SERVICES LLC,
incorrectly sued as YP SHARED SERVICES, LP; and
Specially Appearing Defendant AT&T INC.

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Counsel for Plaintiffs listed on next page
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JAMES KRAWCZYK, et al., individually and
on behalf of others similarly situated,
Plaintiff,

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v.
DIRECTORY DISTRIBUTING
ASSOCIATES, INC., AT&T CORP., AT&T
INC., AT&T SERVICES, INC., AT&T
ADVERTISING, LP, d/b/a AT&T
ADVERTISING AND PUBLISHING, d/b/a
AT&T ADVERTISING SOLUTIONS, d/b/a
PACIFIC BELL DIRECTORY, d/b/a YP
WESTERN DIRECTORY LLC, YP
HOLDINGS LLC, and YP SHARED
SERVICES, LP,

Case No. 3:16-cv-02531-VC
JOINT STIPULATION
ESTABLISHING PLEADING
DEADLINES PURSUANT TO CIVIL
LOCAL RULE 6-1(a)
AND ORDER

Defendants.

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JOINT STIPULATION RE PLEADING DEADLINES
3:16-CV-02531-VC

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Mark C. Molumphy (168009)
[e-mail]
Alexandra P. Summer (266485)
[e-mail]
COTCHETT PITRE & McCARTHY LLP
San Francisco Airport Office Ctr
840 Malcolm Road, Suite 200
Burlingame, CA 94010
Telephone:
[phone]
Facsimile:
[phone]

Richard Mithoff*
[e-mail]
Janie Jordan*
[e-mail]
MITTHOFF LAW
One Allen Center – Penthouse
500 Dallas Street
Houston, TX 77002
Telephone: [phone]
Facsimile: [phone]

Judith Sadler*
[e-mail]
Cynthia Diggs*
[e-mail]
Rachel A. Smith*
[e-mail]
HOLMES, DIGGS, EAMES & SADLER
5300 Memorial Drive, Suite 900
Houston, TX 77007
Telephone:
[phone]
Facsimile:
[phone]

Russell Post*
[e-mail]
BECK REDDEN
1221 McKinney Street, Suite 4500
Houston, TX 77010-2010
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
JAMES KRAWCZYK

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*Admitted Pro Hac Vice
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JOINT STIPULATION RE PLEADING DEADLINES
3:16-CV-02531-VC

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Pursuant to Civil Local Rule 6-1(a) of the United States District Court for the Northern

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District of California, Plaintiffs James Krawczyk, et al. and Defendants AT&T Corp.; AT&T

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Services, Inc.; YP Holdings LLC; YP Advertising & Publishing LLC, successor to AT&T

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Advertising, L.P., which contends it is incorrectly sued as AT&T Advertising, LP d/b/a AT&T

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Advertising and Publishing, d/b/a AT&T Advertising Solutions, d/b/a Pacific Bell Directory,

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d/b/a YP Western Directory LLC; and YP LLC, successor to YP Shared Services LLC, which

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contends it is incorrectly sued as YP Shared Services, LP; and Defendant AT&T Inc., which

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appears in this matter solely for the purposes of disputing jurisdiction (collectively, the

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“Stipulating Defendants”), by and through their respective counsel of record, hereby respectfully

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submit the following stipulation:
WHEREAS, prior stipulations and orders extended Defendants’ time to file motions to

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dismiss and the briefing on those motions (see Dkt. Nos. 21, 39, 72, 73, and 76) and consolidated

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the Stipulating Defendants’ motions to dismiss the First Amended Complaint into a single

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hearing on December 1, 2016;

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WHEREAS, on December 9, 2016, the Court issued an Order on Motions to Dismiss and
Strike (“Order”) (Dkt. No. 128);

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WHEREAS, the Court granted Plaintiffs leave to file an amended complaint adding detail

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with regard to the claims of Plaintiff Estrada for minimum wage or overtime violations of the Fair

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Labor Standards Act, and set December 23, 2016 as the deadline to file any amended complaint;

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WHEREAS, the Court denied without prejudice the motion to dismiss for lack of personal

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jurisdiction of Specially Appearing Defendant AT&T Inc. and authorized jurisdictional discovery

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to be completed by February 8, 2017;

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WHEREAS, Plaintiffs James Krawczyk and David Estrada intend to file a Second
Amended Complaint by December 23, 2016;
WHEREAS, the Court in its Order did not set a date for the Stipulating Defendants to file

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their answers to the operative First Amended Complaint or Plaintiffs’ anticipated Second

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Amended Complaint;

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WHEREAS, the Stipulating Defendants wish to avoid filing answers to the First Amended
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JOINT STIPULATION RE PLEADING DEADLINES
3:16-CV-02531-VC

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Complaint when that complaint will shortly be superseded;

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WHEREAS, Specially Appearing Defendant AT&T Inc. intends to renew its motion to
dismiss for lack of personal jurisdiction upon the completion of jurisdictional discovery;

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NOW, THEREFORE, Plaintiffs and the Stipulating Defendants hereby STIPULATE
AND AGREE as follows:

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1.

Defendants AT&T Corp.; AT&T Services, Inc.; YP Holdings LLC; YP

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Advertising & Publishing LLC, successor to AT&T Advertising, L.P., which contends it is

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incorrectly sued as AT&T Advertising, LP d/b/a AT&T Advertising and Publishing, d/b/a AT&T

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Advertising Solutions, d/b/a Pacific Bell Directory, d/b/a YP Western Directory LLC; and YP

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LLC, successor to YP Shared Services LLC, which contends it is incorrectly sued as YP Shared

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Services, LP, shall have until January 6, 2017 to file their answer(s) to the complaint that is

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operative on that date;

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2.

Provided that jurisdictional discovery is completed by February 8, 2017 as ordered

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by the Court, Plaintiffs shall notify Specially Appearing Defendant AT&T Inc. by March 1, 2017

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whether they will agree to voluntarily dismiss AT&T Inc. from this case;

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3.

In the event that Plaintiffs do not voluntarily dismiss Specially Appearing

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Defendant AT&T Inc., it shall have until March 8, 2017 either to answer the operative complaint

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or to renew its challenge to personal jurisdiction;

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4.

If Specially Appearing Defendant AT&T Inc. renews its jurisdictional challenge

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by March 8, 2017, it need not file any answer until 14 days after the Court determines that AT&T

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Inc. is subject to personal jurisdiction in the Northern District of California.

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IT IS SO STIPULATED.

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JOINT STIPULATION RE PLEADING DEADLINES
3:16-CV-02531-VC

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Dated: December 21, 2016

Mark C. Molumphy
Alexandra P. Summer
COTCHETT PITRE & MCCARTHY LLP

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Judith Sadler
Cynthia Diggs
Rachel Smith
HOLMES, DIGGS, EAMES & SADLER

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Russel Post
BECK REDDEN

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Richard Mithoff
Janie Jordan
MITHOFF LAW

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By:

/s/ Richard Mithoff
RICHARD MITHOFF
Attorneys for Plaintiffs
JAMES KRAWCZYK, et. al.

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Dated: December 21, 2016

Respectfully submitted,
Julie A. Totten
Leo Moniz
ORRICK HERRINGTON & SUTCLIFFE LLP

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By:

/s/ Julie A. Totten
JULIE A. TOTTEN
Attorneys for Defendants
AT&T CORP.; AT&T SERVICES, INC.; YP
HOLDINGS LLC; YP ADVERTISING &
PUBLISHING LLC, successor to AT&T
ADVERTISING, L.P., incorrectly sued as AT&T
ADVERTISING, LP d/b/a AT&T ADVERTISING
AND PUBLISHING, d/b/a AT&T ADVERTISING
SOLUTIONS, d/b/a PACIFIC BELL DIRECTORY,
d/b/a YP WESTERN DIRECTORY LLC; and YP
LLC, successor to YP SHARED SERVICES LLC,
incorrectly sued as YP SHARED SERVICES, LP.;
andES DISTAppearing Defendant AT&T INC.
Specially RICT

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S
Date: December 23, 2016

UNIT
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JOINT STIPULATION RE PLEADING DEADLINES
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Attestation Pursuant to Civil Local Rule 5-1(i)(3)
Pursuant to Civil Local Rule 5-1(i)(3), I, Julie A. Totten, hereby attest that I have obtained
concurrence in the filing of this document from the other signatories to this document.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on December 21, 2016, in Sacramento, California.

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/s/ Julie A. Totten
JULIE A. TOTTEN
Attorneys for Defendants
AT&T CORP.; AT&T SERVICES, INC.; YP
HOLDINGS LLC; YP ADVERTISING &
PUBLISHING LLC, successor to AT&T
ADVERTISING, L.P., incorrectly sued as AT&T
ADVERTISING, LP d/b/a AT&T
ADVERTISING AND PUBLISHING, d/b/a
AT&T ADVERTISING SOLUTIONS, d/b/a
PACIFIC BELL DIRECTORY, d/b/a YP
WESTERN DIRECTORY LLC; and YP LLC,
successor to YP SHARED SERVICES LLC,
incorrectly sued as YP SHARED SERVICES, LP.;
and Specially Appearing Defendant AT&T INC.

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JOINT STIPULATION RE PLEADING DEADLINES
3:16-CV-02531-VC