McArdle v. AT&T Mobility LLC et al

Filing 212

ORDER SETTING BRIEFING SCHEDULE, GRANTING PLAINTIFFS LEAVE TO CONDUCT LIMITED DISCOVERY, AND REFERRING DISCOVERY DISPUTES IN CASE NO. 10-3440 TO MAGISTRATE JUDGE JAMES. Motions due by 1/10/2013; Responses due by 2/7/2013; Replies due by 2/28/2013; and Motion Hearing set for 3/14/2013 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 12/10/2012. (ndr, COURT STAFF) (Filed on 12/10/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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STEVEN MCARDLE, an individual, on
behalf of himself, the general
public and those similarly
situated,

v.

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United States District Court
For the Northern District of California

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AT&T MOBILITY LLC; NEW CINGULAR
WIRELESS PCS LLC; NEW CINGULAR
WIRELESS SERVICES, INC.; and DOES
1-50,
Defendants.
________________________________/
KENNETH A. THELIAN, an
individual, on behalf of himself,
the general public and those
similarly situated,

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No. C 10-3440 CW

Plaintiff,

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ORDER SETTING
BRIEFING SCHEDULE,
GRANTING
PLAINTIFFS LEAVE
TO CONDUCT LIMITED
DISCOVERY, AND
REFERRING
DISCOVERY DISPUTES
IN CASE NO. 103440 TO MAGISTRATE
JUDGE JAMES

Plaintiff,

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No. C 09-1117 CW

v.
AT&T MOBILITY LLC; NEW CINGULAR
WIRELESS PCS LLC; and NEW
CINGULAR WIRELESS SERVICES, INC.,
Defendants.
________________________________/
Having considered the parties’ joint statement setting forth

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their separate proposals for case management, the Court sets the
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following schedule for Defendants’ motion to compel arbitration:
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Event
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Date

Deadline for Defendants to file
their joint motion to compel
arbitration of the claims of
both Plaintiffs, contained in a
single brief of twenty-five
pages or less

Thursday, January 10, 2013

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Deadline for Plaintiffs to file
their joint opposition to
Defendants’ motion to compel
arbitration, contained in a
single brief of twenty-five
pages or less

Thursday, February 7, 2013

Deadline for Defendants to file
their reply in support of their
motion to compel arbitration,
contained in a single brief of
fifteen pages or less

Thursday, February 28, 2013

Hearing on the motion to compel
arbitration

Thursday, March 14, 2013 at 2:00
p.m.

The Court grants Plaintiffs leave to conduct limited

United States District Court
For the Northern District of California

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discovery regarding matters relevant to generally applicable

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contract defenses.

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ORDERED that all further discovery motions filed in Thelian v.

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AT&T Mobility LLC, Case No. 10-3440, are referred to Chief

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Magistrate Judge James, to whom discovery matters have already

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been referred in McArdle v. AT&T Mobility LLC, Case No. 09-1117.

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The parties shall meet and confer regarding Plaintiffs’ discovery

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requests and, if they are unable to resolve their disputes, shall

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comply with the procedures set forth in Chief Magistrate Judge

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James’s Discovery Standing Order.

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Pursuant to Local Rule 72-1, it is HEREBY

If necessary, the Court will set a case management conference

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at which to set further dates, including dates for Plaintiffs’

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motion for class certification, in the order resolving Defendants’

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motion to compel arbitration.

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IT IS SO ORDERED.

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Dated: 12/10/2012

CLAUDIA WILKEN
United States District Judge

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