Parker et al v. Dish Network Corporation et al

Filing 34

STIPULATION AND ORDER DISMISSING WITHOUT PREJUDICE DEFENDANTS DISH NETWORK COPORATION AND ECHOSTAR TECHNOLOGIES, LLC AND TOLLING STATUTES OF LIMITATIONS re 32 Stipulation, filed by Nansee Parker, Phong Pham. Signed by Judge Phyllis J. Hamilton on 5/12/11. (nah, COURT STAFF) (Filed on 5/12/2011)

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Eric H. Gibbs (State Bar No. 178658)
[e-mail]
GIRARD GIBBS LLP
601 California Street, 14th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Andrew N. Friedman (admitted pro hac vice)
[e-mail]
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Avenue, Suite 500
Washington, DC 20005
Telephone: [phone]
Facsimile: 202-408-4699

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Attorneys for Plaintiffs Nansee Parker and Phong Pham

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Richard R. Patch (State Bar No. 88049)
[e-mail]
COBLENTZ PATCH DUFFY & BASS, LLP
One Ferry Building, Suite 200
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants DISH Network Corporation,
DISH Network LLC, and EchoStar Technologies LLC

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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NANSEE PARKER and PHONG PHAM,
Case No. 4:11-CV-01457-PJH

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Plaintiffs,
vs.
DISH NETWORK CORPORATION, DISH
NETWORK LLC, and ECHOSTAR
TECHNOLOGIES LLC,

STIPULATION DISMISSING WITHOUT
PREJUDICE DEFENDANTS DISH
NETWORK CORPORATION AND
ECHOSTAR TECHNOLOGIES, LLC AND
TOLLING STATUTES OF LIMITATIONS

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Defendants.

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STIPULATION DISMISSING WITHOUT PREJUDICE AND TOLLING STATUTES OF
LIMITATIONS AND PROPOSED ORDER
CASE NO. 4:11-CV-01457-PJH

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Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, Plaintiffs hereby voluntarily

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dismiss without prejudice Defendants DISH Network Corporation (“DISH Corporation”) and EchoStar

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Technologies LLC (“EchoStar”) (collectively and together with Plaintiffs, the “Parties”). The Parties

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further stipulate that the statutes of limitations applicable to Plaintiffs’ Claims against DISH Corporation

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and EchoStar hereby will be tolled as of May 11, 2011 (the “Tolling Date”). The “Claims” are those

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stated in Plaintiffs’ Complaint, filed on March 25, 2011 against DISH Corporation, EchoStar and DISH

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Network L.L.C. Any and all tolling of the applicable statutes of limitations will cease upon the earliest

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of (a) a final adverse determination of class claims; (b) the effective date of any final, approved class

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action settlement; (c) thirty days after the date upon which Plaintiffs must file their Motion for Class

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Certification; or (d) at the latest, one year from the Tolling Date, namely May 11, 2012.

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Nothing in this agreement shall be construed as a waiver of EchoStar’s or DISH Corporation’s

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right to file any response to the Complaint or challenge any other amended or supplemental pleading or

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any class certification motion pursuant to the Federal Rules of Civil Procedure should Plaintiffs attempt

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to bring these defendants back into the litigation. Defendants Echostar and DISH Corporation reserve

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all rights and defenses, asserted or unasserted, which it had as of the Tolling Date, and none of the

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Parties shall assert that the passage of time between the Tolling Date and any filing which purports to

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bring DISH Corporation or EchoStar back into this litigation is a defense to the motion, such as a delay,

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laches or waiver argument. The Parties acknowledge and agree that this Stipulation shall not operate to

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extend or otherwise affect any applicable statute of limitations, laches, or any other time period

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(including any requisite notice period), if any, that expired prior to the Tolling Date.

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This Agreement was jointly drafted by the Parties hereto and shall not be construed against a

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particular party. Each individual signing below warrants and represents that he or she has authority to

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sign this Agreement on behalf of the Party.

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//

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//

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//

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//
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STIPULATION DISMISSING WITHOUT PREJUDICE AND TOLLING STATUTES OF
LIMITATIONS AND PROPOSED ORDER
CASE NO. 4:11-CV-01457-PJH

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IT IS SO STIPULATED
DATED: May 11, 2011

GIRARD GIBBS LLP

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By:

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/s/ Eric H. Gibbs

David Stein
601 California Street, 14th Floor
San Francisco, California 94108
Telephone: [phone]
Facsimile: [phone]

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Andrew N. Friedman
Douglas J. McNamara
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Avenue, Suite 500
Washington, DC 98104
Telephone: [phone]
Facsimile: 202-408-4699

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Richard B. Wentz, SBN 120380
Jean W. Wentz, SBN 139340
THE WENTZ LAW FIRM
82955 East Hillcrest Drive, Suite 123
Thousand Oaks, CA 91362
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs Nansee Parker and Phong Pham

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DATED: May 11, 2011

COBLENTZ PATCH DUFFY & BASS, LLP

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By:

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One Ferry Building, Suite 200
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

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/s/ Richard R. Patch

Attorneys for Defendants DISH Network Corporation,
DISH Network LLC, and EchoStar Technologies LLC

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STIPULATION DISMISSING WITHOUT PREJUDICE AND TOLLING STATUTES OF
LIMITATIONS AND PROPOSED ORDER
CASE NO. 4:11-CV-01457-PJH

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IT IS SO ORDERED.

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5/12/11
DATED: ___________________

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STIPULATION DISMISSING WITHOUT PREJUDICE AND TOLLING STATUTES OF
LIMITATIONS AND PROPOSED ORDER
CASE NO. 4:11-CV-01457-PJH