McArdle v. AT&T Mobility LLC et al

Filing 86

ORDER re 85 GRANTING AS MODIFIED STIPULATION FOR CONTINUANCE OF CLASS CERTIFICATION HEARING AND BRIEFING SCHEDULE. Motion Hearing set for 6/10/2010 02:00 PM.. Signed by Judge CLAUDIA WILKEN on 1/8/10. (scc, COURT STAFF) (Filed on 1/8/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

GUTRIDE SAFIER LLP ADAM J. GUTRIDE (State Bar No. 181446) SETH A. SAFIER (State Bar No. 197427) 835 Douglass Street San Francisco, California 94114 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNA STEVEN MCARDLE, an individual, on behalf of himself, the general public and those similarly situated Plaintiff, v. AT&T MOBILITY LLC; NEW CINGULAR WIRELESS PCS LLC; NEW CINGULAR WIRELESS SERVICES, INC., AND DOES 1 THROUGH 50 Defendants CASE NO. CV-09-01117 (CW) STIPULATION FOR CONTINUANCE OF CLASS CERTIFICATION HEARING AND BRIEFING SCHEDULE, ORDER AS MODIFIED Dept: Courtroom 2, 4th Floor Judge: Hon. Claudia Wilken

1
STIP FOR CONT OF CLASS CERT HEARING AND BRIEFING SCHEDULE; [PROPOSED] ORDER CASE CV-09-01117 (CW)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Plaintiff Steven McArdle ("Plaintiff") and Defendants AT&T Mobility LLC, New Cingular Wireless PCS LLC, and New Cingular Wireless Services, Inc. ("Defendants") (collectively, the "Parties"), by and through their respective counsel of record, hereby stipulate as follows: WHEREAS: 1. In the original Case Management Order, the Court set the deadline for filing of

Plaintiff's motion for class certification as January 15, 2010, with the opposition due on February 5, 2010, the reply papers due March 1, 2010, and a hearing date of April 8, 2010; and 2. Defendants recently have begun to produce discovery pertaining to questions of

class certification, and depositions of key witnesses have yet to occur; and 3. The parties wish to complete preliminary discovery related to questions of class

certification prior to the filing of the motion; and 4. The parties accordingly wish to continue the deadlines related to class certification

and have reached agreement on a briefing and hearing schedule that would accommodate such discovery and briefing, NOW, THEREFORE, THE PARTIES JOINTLY STIPULATE AS FOLLOWS: (1) The hearing on Class Certification shall be continued to June 29, 2010 or a date thereafter as the Court may order at its convenience; (2) (3) (4) Plaintiff's opening brief shall be filed on or before March 31, 2010; Defendants' opposition brief shall be filed on or before April 28, 2010; and Plaintiff's reply brief shall be filed on or before May 24, 2010. GUTRIDE SAFIER LLP

Dated: January 6, 2010

_/s/ Adam Gutride_______________ Adam J. Gutride, Esq. Seth A. Safier, Esq. 835 Douglass Street San Francisco, California 94114 Attorneys for Plaintiff

2
STIP FOR CONT OF CLASS CERT HEARING AND BRIEFING SCHEDULE; [PROPOSED] ORDER CASE CV-09-01117 (CW)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Dated: January 6, 2009

MAYER BROWN LLP

_/s/ Kevin Ranlett________________ John Nadolenco, Esq. Joseph Goodman, Esq. 350 South Grand Avenue, 25th Floor Los Angeles, CA 90071-1503 Telephone: [phone] Facsimile: [phone] Kevin Ranlett, Esq. 1999 K Street, NW Washington, D.C. 20006 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants IT IS SO ORDERED, EXCEPT THE HEARING WILL BE HELD ON JUNE 10, 2010, AT 2:00 P.M.

Dated: ____1/8/ 2010

_______________________ Hon. Claudia Wilken U.S. District Judge

3
STIP FOR CONT OF CLASS CERT HEARING AND BRIEFING SCHEDULE; [PROPOSED] ORDER CASE CV-09-01117 (CW)