Moore et al v. Verizon Communications, Inc. et al

Filing 157

AMENDED ORDER re 156 Order on Stipulation. Signed by Judge ARMSTRONG on 2/20/13. (lrc, COURT STAFF) (Filed on 2/21/2013)

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HENRY WEISSMANN (SBN 132418)
MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue, Thirty-Fifth
Floor
Los Angeles, CA 90071-1560
Telephone:
[phone]
Facsimile:
[phone]
E-mail: [e-mail];
[e-mail]

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Attorneys for Defendants
VERIZON COMMUNICATIONS INC.,
VERIZON CALIFORNIA INC.,
VERIZON CORPORATE SERVICES
GROUP INC., VERIZON SERVICES
CORP., TELESECTOR RESOURCES
GROUP, INC. d/b/a VERIZON
SERVICES GROUP, VERIZON
SERVICES OPERATIONS INC.,
VERIZON SERVICES ORGANIZATION
INC., VERIZON CORPORATE
SERVICES CORP., and VERIZON
DATA SERVICES, INC.

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JEFFREY F. KELLER (SBN 148005)
KELLER GROVER, LLP
1965 Market Street
San Francisco, California 94103
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for the Plaintiffs
THE SETTLEMENT CLASS

[Additional Counsel on Signature Page]

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[Additional Counsel on Signature Page]

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IN THE UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DESIREE MOORE and KAREN JONES
individually and on behalf of a class of similarly
situated individuals,

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Plaintiffs,

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vs.

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CASE NO. CV 09-1823 SBA
AMENDED
STIPULATION AND ORDER
CONTINUING FINAL APPROVAL
HEARING AND SETTING
BRIEFING SCHEDULE

VERIZON COMMUNICATIONS INC.,
VERIZON CALIFORNIA INC., VERIZON
CORPORATE SERVICES GROUP INC.,
VERIZON SERVICES CORP., TELESECTOR
RESOURCES GROUP, INC. d/b/a VERIZON
SERVICES GROUP, VERIZON SERVICES
OPERATIONS INC., VERIZON SERVICES
ORGANIZATION INC., VERIZON
CORPORATE SERVICES CORP., VERIZON
DATA SERVICES INC., and DOES 1 through
25,
Defendants.

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STIPULATION AND [PROPOSED] ORDER
CASE NO. CV 09-1823 SBA
19991121.1

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WHEREAS, the parties, through counsel of record, submit this stipulation continuing the

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Final Approval Hearing set for March 12, 2013, to April 16, 2013, and along with amicus curie,

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Enhanced Services Billing, Inc. (“ESBI”), through its counsel of record, propose a briefing

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schedule for all related filings;1
WHEREAS, the Final Approval Hearing on the class settlement in this action is currently

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set for March 12, 2013;

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WHEREAS, the parties understand that the Final Approval Hearing is going to be
continued to April 16, 2013;

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WHEREAS, on February 5, 2013, the Court denied ESBI’s motion to intervene, but

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granted ESBI leave to file an amicus brief in opposition to class counsel’s fee application, and

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ordered ESBI and the parties to meet and confer and submit a stipulation proposing a briefing

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schedule and page limits for the amicus brief and any responsive briefs by February 15, 2013;

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WHEREAS, the parties and ESBI agree that ESBI’s amicus brief shall be no more than 25

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pages (exclusive of exhibits), and plaintiffs’ reply to ESBI’s amicus brief shall be no more than

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25 pages (exclusive of exhibits);

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WHEREAS, the parties and ESBI agree that ESBI may appear in its amicus status at the
Final Approval Hearing to be heard on Class Counsel’s fee application;

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WHEREAS, the parties and ESBI agree to the following briefing schedule in advance of
the Final Approval Hearing on April 16, 2013:

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

Final approval motion due: March 12, 2013

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

Oppositions to fee application by defendants and amicus ESBI due: March 12, 2013

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

Reply in support of fee application due: March 26, 2013

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NOW THEREFORE, the parties to this action and amicus ESBI, through their counsel of
record and subject to Court approval, stipulate to the following:

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As instructed by the Court in its February 5, 2013 Order (Docket No. 154), ESBI informed the
parties of its intent to file an amicus brief and participate in the Final Approval Hearing on
February 6, 2013.
-119991121.1

STIPULATION AND [PROPOSED] ORDER
CASE NO. CV 09-1823 SBA

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IT IS HEREBY STIPULATED that, subject to Court approval, the Final Approval

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Hearing shall be held before this Court at 1:00 p.m. on April 16, 2013 in Courtroom 1 on the

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fourth floor of the United States District Court for the Northern District of California, Oakland

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Courthouse, located at 1301 Clay Street, Oakland, California 94612. ESBI may appear at the

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Final Approval Hearing.
IT IS HEREBY FURTHER STIPULATED that, subject to Court approval, the following

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briefing schedule shall apply in advance of that hearing:

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

Final approval motion due: March 12, 2013

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

Oppositions to fee application by defendants and amicus ESBI due: March 12, 2013

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

Reply in support of fee application due: March 26, 2013

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DATED: February 11, 2013

MUNGER, TOLLES & OLSON LLP

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By:

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/s/ Rosemarie T. Ring
ROSEMARIE T. RING

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Attorneys for Defendants
VERIZON COMMUNICATIONS INC., VERIZON
CALIFORNIA INC., VERIZON CORPORATE
SERVICES GROUP INC., VERIZON SERVICES
CORP., TELESECTOR RESOURCES GROUP, INC.
d/b/a VERIZON SERVICES GROUP, VERIZON
SERVICES OPERATIONS INC., VERIZON
SERVICES ORGANIZATION INC., VERIZON
CORPORATE SERVICES CORP., and VERIZON
DATA SERVICES INC.

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JACOBS KOLTON, CHTD.

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By:

/s/ John G. Jacobs
JOHN G. JACOBS

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Attorneys for Plaintiffs
THE SETTLEMENT CLASS

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LEWIS WAGNER, LLP

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By:

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/s/ Dina M. Cox
DINA M. COX

Attorney for ENHANCED SERVICES BILLING, INC.
-219991121.1

STIPULATION AND [PROPOSED] ORDER
CASE NO. CV 09-1823 SBA

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Additional counsel:

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ROSEMARIE T. RING (SBN 220769)
MUNGER, TOLLES & OLSON LLP
560 Mission Street, Twenty-Seventh Floor
San Francisco, CA 94105-2907
Telephone:
[phone]
Facsimile:
[phone]
E-mail: [e-mail]

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Attorneys for Defendants
VERIZON COMMUNICATIONS INC.,
VERIZON CALIFORNIA INC.,
VERIZON CORPORATE SERVICES
GROUP INC., VERIZON SERVICES
CORP., TELESECTOR RESOURCES
GROUP, INC. d/b/a VERIZON
SERVICES GROUP, VERIZON
SERVICES OPERATIONS INC.,
VERIZON SERVICES ORGANIZATION
INC., VERIZON CORPORATE
SERVICES CORP., and VERIZON
DATA SERVICES INC.

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JOHN G. JACOBS (PRO HAC VICE)
BRYAN G. KOLTON (PRO HAC VICE)
JACOBS KOLTON, CHTD.
55 West Monroe Street, Suite 2970
Chicago, Illinois 60603
Telephone: [phone]
Facsimile: [phone]
jgjacobs@ jacobskolton.com
bgkolton@ jacobskolton.com
DAVID SCHACHMAN (PRO HAC VICE)
DAVID SCHACHMAN & ASSOCIATES, P.C.
55 West Monroe Street, Suite 2970
Chicago, Illinois 60603
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Michael W. Sobol (SBN 194857)
Jahan C. Sagafi (SBN 224887)
LIEFF CABRASER HEIMANN &
BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, California 94111-3339
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs
THE SETTLEMENT CLASS

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-319991121.1

STIPULATION AND [PROPOSED] ORDER
CASE NO. CV 09-1823 SBA

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ORDER

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PURSUANT TO STIPULATION AND FOR GOOD CAUSE SHOWN, IT IS SO

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ORDERED. The Final Approval Hearing shall be held before this Court at 1:00 p.m. on April 16,

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2013, in Courtroom 1 on the fourth floor of the United States District Court for the Northern

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District of California, Oakland Courthouse, located at 1301 Clay Street, Oakland, California

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94612. Class Counsel's motion for approval of attorneys' fees and expenses and class

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representative incentive awards will be heard on April 16, 2013. ESBI may appear at the Final

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Approval Hearing to be heard on Class Counsel’s fee application.

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The following briefing schedule shall apply in advance of that hearing:

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

Final approval motion due: March 12, 2013

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

Oppositions to fee application by defendants and amicus ESBI due: March 12, 2013

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

Reply in support of fee application due: March 26, 2013.

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Dated: _2/20/13

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SAUNDRA B. ARMSTRONG
United States District Judge

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-419991121.1

STIPULATION AND [PROPOSED] ORDER
CASE NO. CV 09-1823 SBA

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CERTIFICATION

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I, Rosemarie T. Ring, am the ECF User whose identification and password are being used

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to file this STIPULATION AND [PROPOSED] ORDER CONTINUING FINAL APPROVAL

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HEARING AND SETTING RELATED DEADLINES. In compliance with General Order

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45.X.B., I hereby attest that John G. Jacobs and Dina M. Cox concurred in this filing.

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-519991121.1

STIPULATION AND [PROPOSED] ORDER
CASE NO. CV 09-1823 SBA