McArdle v. AT&T Mobility LLC et al

Filing 93

ORDER re 92 Granting STIPULATION for continuance of class certification briefing schedule. Signed by Judge Claudia Wilken on 03/18/2010. (scc, COURT STAFF) (Filed on 3/18/2010)

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MAYER BROWN LLP JOHN NADOLENCO (SBN 181128) [e-mail] JOSEPH W. GOODMAN (SBN 230161) [e-mail] 350 South Grand Avenue, 25th Floor Los Angeles, CA 90071-1503 Telephone: [phone] Facsimile: [phone] MAYER BROWN LLP KEVIN RANLETT (admitted pro hac vice) [e-mail] 1999 K Street, N.W. Washington, DC 20006 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION 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 BRIEFING SCHEDULE, ORDER Dept: Courtroom 2, 4th Floor Judge: Hon. Claudia Wilken

STIPULATION FOR CONTINUANCE OF CLASS CERTIFICATION BRIEFING SCHEDULE; [PROPOSED] ORDER Case No. CV-09-01117 (CW)

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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. Pursuant to the Court's order of January 8, 2010, Plaintiff's motion for class

certification is due on March 31, 2010, the opposition brief is due on April 28, 2010, the reply brief is due May 24, 2010, and the hearing is scheduled for June 10, 2010; and 2. For the convenience of the Defendants and the witnesses, depositions of

Defendants' Rule 30(b)(6) witnesses on issues pertaining to questions of class certification have been scheduled for April 6-8, 2010, which is after the current due date for Plaintiff's motion for class certification; and 3. 4. The parties wish to complete this deposition prior to the filing of the motion; and The parties accordingly wish to continue the briefing deadlines related to class

certification and have reached agreement on a briefing schedule that would accommodate such discovery and briefing, without changing the hearing date, NOW, THEREFORE, THE PARTIES JOINTLY STIPULATE AS FOLLOWS: (1) (2) (3) (4) Plaintiff's opening brief shall be filed on or before April 27, 2010; Defendants' opposition brief shall be filed on or before May 14, 2010; and Plaintiff's reply brief shall be filed on or before May 27, 2010. The hearing on Class Certification shall remain on June 10, 2010.

STIPULATION FOR CONTINUANCE OF CLASS CERTIFICATION BRIEFING SCHEDULE; [PROPOSED] ORDER Case No. CV-09-01117 (CW)

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Dated: March 3, 2010

MAYER BROWN LLP By: __/s/ Kevin Ranlett________________ Kevin Ranlett JOHN NADOLENCO (SBN 181128) [e-mail] JOSEPH W. GOODMAN (SBN 230161) [e-mail] 350 South Grand Avenue, 25th Floor Los Angeles, CA 90071-1503 Telephone: [phone] Facsimile: [phone] KEVIN RANLETT (admitted pro hac vice) [e-mail] 1999 K Street, N.W. Washington, DC 20006 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants

Dated: March 3, 2010

GUTRIDE SAFIER LLP By: __/s/ Adam Gutride________________ Adam J. Gutride ADAM J. GUTRIDE SETH A. SAFIER 835 Douglass Street San Francisco, CA 94114 Attorneys For Plaintiff

IT IS SO ORDERED

Dated: March 18, 2010

_________________________________ Hon. Claudia Wilken U.S. District Judge

-2STIPULATION FOR CONTINUANCE OF CLASS CERTIFICATION BRIEFING SCHEDULE; [PROPOSED] ORDER Case No. CV-09-01117 (CW)