Blewitt v. National Consumer Telecom & Utilities Exchange, Inc.

Filing 67

ORDER CONTINUING HEARING DATE ON 59 MOTION for Summary Judgment granting 66 STIPULATION. Motion Hearing reset for 1/23/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Signed by Judge William H. Orrick on 11/8/2018. (jmdS, COURT STAFF) (Filed on 11/8/2018)

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MATTHEW H. DAWSON (State Bar No. 307350)
[e-mail]
KING & SPALDING LLP
601 South California Avenue, Suite 100
Palo Alto, CA 94304
Telephone:
[phone]
Facsimile:
[phone]

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ZACHARY A. MCENTYRE (admitted pro hac vice)
[e-mail]
KING & SPALDING LLP
1180 Peachtree Street, N.E.
Atlanta, GA 30309-3521
Tel: [phone]
Fax: [phone]
Attorneys for Defendant NATIONAL CONSUMER TELECOM &
UTILITIES EXCHANGE, INC.

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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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PIERS BLEWITT, on behalf of himself and
all others similarly situated,

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Plaintiff,
v.

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JOINT STIPULATION AND
ORDER CONTINUING
THE HEARING DATE ON NCTUE’S
MOTION FOR SUMMARY JUDGMENT

NATIONAL CONSUMER TELECOM &
UTILITIES EXCHANGE, INC.,

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Case No. 3:17-cv-1275-WHO

Defendant.

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STIP. CONTINUING HEARING DATE

CASE NO. 3:17-CV-1275-WHO

JOINT STIPULATION AND [PROPOSED] ORDER

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Through their respective counsel, and pursuant to Local Rules 6-2 and 7-12, Plaintiff

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Piers Blewett and Defendant National Consumer Telecom & Utilities Exchange, Inc.

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(“NCTUE”) submit this stipulated request for an order changing time.

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WHEREAS, the Court previously ordered that any motions for summary judgment be
heard on November 14, 2018 at 2:00 PM;

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WHEREAS, NCTUE filed a Motion for Summary Judgment on September 19, 2018;

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WHEREAS, the Plaintiff filed a brief opposing NCTUE’s Motion for Summary

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Judgment on October 3, 2018;
WHEREAS, the Court granted the parties’ joint request that the deadline for NCTUE to
file its reply brief be extended by seven days until October 17, 2018;
WHEREAS, NCTUE filed a reply brief in support of its motion for summary judgment
on October 17, 2018; and
WHEREAS, the parties are currently engaged in worthwhile settlement discussions that
both parties are hopeful will bear fruit if given more time;
The parties stipulate through respective counsel, subject to the approval of the Court, that

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the hearing date for NCTUE’s motion for summary judgment be continued until January 23,

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2019 at 2:00 PM.

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With apologies to the Court for any inconvenience, the parties also respectfully request

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relief from the requirement in Local Rule 6-1(b) that “[a]ny stipulated request or motion which

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affects a hearing or proceeding on the Court’s calendar must be filed no later than 14 days before

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the scheduled event.”

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STIP. CONTINUING HEARING DATE

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CASE NO. 3:17-CV-1275-WHO

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Dated: November 5, 2018

Respectfully submitted,

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KING & SPALDING LLP

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__________/s/____________________
Matthew H. Dawson
601 S. California Ave., Suite 100
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]

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Attorney for Defendant National Consumer
Telecom & Utilities Exchange, Inc.

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FRANCIS & MAILMAN, P.C.

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________/s/_______________________
John Soumilas (admitted pro hac vice)
100 South Broad Street, Suite 1902
Philadelphia, PA 19110
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorney for Plaintiff Piers Blewett

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
November 8
Dated: ______________, 2018

__________________________________
The Honorable William H. Orrick
U.S. District Court Judge, Northern District of
California

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STIP. CONTINUING HEARING DATE

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CASE NO. 3:17-CV-1275-WHO