Valdez v. m-Qube, Inc. et al

Filing 80

ORDER re 79 granting STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE. Case Management Conference set for 12/22/2009 02:00 PM.. Signed by Judge Claudia Wilken on 11/16/09. (scc, COURT STAFF) (Filed on 11/16/2009)

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RONALD L. JOHNSTON (State Bar No. 057418) [e-mail] ANGEL L. TANG (State Bar No. 205396) [e-mail] ARNOLD & PORTER LLP 777 South Figueroa Street, 44th Floor Los Angeles, California 90017-5844 Telephone: [phone] Facsimile: [phone] JAMES L. COOPER (pro hac vice to be submitted) [e-mail] ARNOLD & PORTER LLP 555 Twelfth Street, N.W. Washington, D.C. 20004-1206 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant m-Qube, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

VALDEZ, Plaintiff, v. M-QUBE, INC. et al., Defendants.

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Case No. C 07-06496 CW STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE

The Parties in the above action hereby stipulate and agree to the entry of an Order Continuing the Case Management Conference presently set for November 17, 2009 at 2:30 p.m. and in support of the requested relief state: 1. This action is related to Jiran v. AT&T Mobility, Case No. C 08-00013 CW and

Pishvaee v. VeriSign, Inc., Case No. C 07-03407 CW (together with Valdez, the "Messaging
STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE CASE NO. C 07-06496 CW

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Cases."). The Parties in Jiran and Pishvaee today filed a parallel stipulation to extend the Case Management Conference. 2. The Parties in the Messaging Cases have previously apprised this Court of the

national settlement of a parallel class action pending before the Superior Court of Fulton County, Georgia and captioned Tracie McFerren v. AT&T Mobility, LLC, Fulton County Superior Court Case No. 08-CV-151322. The settlement was preliminarily approved on May 30, 2008, and the final approval hearing was set for December 8, 2008. 3. On August 26, 2008, this Court granted AT&T Mobility LLC's Motion to Stay,

pending final approval of the McFerren settlement. 4. On September 29, 2008, the Honorable Judge Miller of the United States District

Court, Southern District of California, in the In Re Jamster Marketing Litigation MDL 1751, granted in part a motion to issue an injunction under the All Writs Act prohibiting AT&T Mobility from prosecuting or settling the McFerren action. The result of the MDL Court's injunction order (the "Injunction Order") was a limited injunction that barred AT&T Mobility from settling through the McFerren action any claims related to the marketing of Jamster mobile content. 5. On October 24, 2008, AT&T appealed the Injunction Order to the United States

Court of Appeals for the Ninth Circuit. 6. On November 13, 2008, the McFerren court postponed its final approval hearing

until further notice, pending the Ninth Circuit's ruling on the appeal. 7. The Ninth Circuit heard oral argument on May 4, 2009. On July 1, 2009, AT&T

filed a motion to stay in the Ninth Circuit, on grounds that all parties in the In Re Jamster Marketing Litigation MDL 1751 had reached an agreement in principle to settle the claims asserted in that litigation. On July 20, 2009, the Ninth Circuit stayed the matter for 120 days so that the settlement could be finalized and presented for preliminary approval. 8. On November 3, 2009, counsel for the MDL Plaintiffs in In Re Jamster Marketing

Litigation MDL 1751 filed the Motion for Preliminary Approval of the Stipulation and Settlement Agreement between the Parties with the district court. A hearing for preliminary approval is set for November 16, 2009. -1STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE CASE NO. C 07-06496 CW

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9.

The Parties anticipate filing a Motion for Final Approval with the McFerren court as

soon as the In Re Jamster Marketing Litigation MDL 1751 Settlement receives preliminary approval. The Parties further anticipate that the McFerren court will issue final approval of that settlement within two months and at that time, the parties will advise this Court of the status of the cases pending in this Court and whether any claims/causes of actions exist or have been fully resolved by the other settlements. 10. In addition, Defendant m-Qube and plaintiffs' counsel in a parallel national class

action have entered into a nationwide settlement resolving all claims against m-Qube related to the alleged imposition of unauthorized mobile content charges on the cell phone bills of wireless subscribers other than those relating to AT&T (which will be released in the McFerren settlement. Judge Stewart E. Palmer of the Circuit Court of Cook County, Illinois, granted preliminary approval to the class action settlement on November 3, 2009, in the case Parone, et al. v. m-Qube, Inc., et al., No. 08 CH 15834 (Circuit Court of Cook County, Illinois). Judge Palmer has set the Final Fairness Hearing for February 24, 2010. 11. Under the circumstances, the Parties in the above actions request that the CMC be

continued, as to them only, until December 22, 2009 at 2:00 p.m. or any date thereafter as is convenient for the court. WHEREFORE, the Parties respectfully request this Court enter an Order Continuing the Case Management Conference presently set for November 17, 2009 at 2:30 pm until December 22, 2009 at 2:00 p.m., or such other date as is convenient to the Court, where if these matter are not resolved the Parties will discuss a proposed schedule for a responsive pleadings deadline. IT IS SO STIPULATED.

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Dated: November 16, 2009

KAMBEREDELSON, LLC

/s/ Myles McGuire MYLES MCGUIRE Attorneys for Plaintiff Aliza Valdez Terry M. Gordon The Law Offices of Terry M. Gordon 1039 Erica Road Mill Valley, California 94941 Telephone: [phone] Facsimile: [phone] Of Counsel Jay Edelson Myles McGuire KamberEdelson, LLC 53 West Jackson Blvd. Suite 1530 Chicago, IL 60604 John G. Jacobs Bryan G. Kolton The Jacobs Law Firm, CHTD. 122 South Michigan Ave Suite 1850 Chicago, IL 60603

Dated: November 16, 2009

BROAD & CASSEL

/s/ Jeffrey R. Geldens JEFFREY R. GELDENS Attorney for Defendant Buongiorno USA, Inc. Jeffrey R. Geldens BROAD & CASSEL One Biscayne Tower 2 South Biscayne Boulevard, 21st Floor Miami, FL 33131 Telephone: [phone]

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Dated: November 16, 2009

ARNOLD & PORTER LLP

/s/ Angel L. Tang RONALD L. JOHNSTON ANGEL L. TANG Attorneys for Defendants VeriSign, Inc. and m-Qube, Inc. 777 South Figueroa Street, Suite 4400 Los Angeles, California 90017 [phone] Of Counsel James Cooper Arnold & Porter LLP 555 Twelfth Street, NW Washington, DC 20004-1206 Telephone: [phone]

Dated: November 16, 2009

GORDON & REES, LLP

/s/ Ryan Polk RYAN POLK Attorney for Defendant Buongiorno USA, Inc. Ryan Polk GORDON & REES, LLP 275 Battery Street, 20th Floor San Francisco, CA 94111 Telephone: [phone]

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