Rossell v. The Weather Channel, LLC

Filing 14

STIPULATION AND ORDER re 13 STIPULATION WITH PROPOSED ORDER Request For an Order Granting a Stay and Proposed Order (Civ.L.R.6-2) filed by The Weather Channel, LLC, Michael Rossell, ***Civil Case Terminated.. Signed by Judge ARMSTRONG on 9/17/12. (lrc, COURT STAFF) (Filed on 9/19/2012)

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COOLEY LLP
MICHAEL G. RHODES (116127)
([e-mail])
MATTHEW D. BROWN (196972)
([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant THE WEATHER CHANNEL, LLC

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PARISI & HAVENS LLP
DAVID C. PARISI (162248)
([e-mail])
SUZANNE HAVENS BECKMAN (188814)
([e-mail])
15233 Valleyheart Drive
Sherman Oaks, CA 91403
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff MICHAEL ROSSELL

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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MICHAEL ROSSELL,

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STIPULATED REQUEST FOR AN ORDER
GRANTING A STAY AND [PROPOSED]
ORDER (CIV. L.R. 6-2)

Plaintiff,

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Case No. 12-cv-04098-SBA

v.

Action Filed: August 2, 2012

THE WEATHER CHANNEL, LLC,
Defendant.

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATED REQUEST FOR AN ORDER
GRANTING A STAY & [PROPOSED] ORDER
NO. 12-CV-04098-SBA

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Plaintiff Michael Rossell and defendant The Weather Channel, LLC (“TWC”)

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(collectively, the “Parties”) by and through their respective counsel, hereby make a stipulated

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request for an Order staying all proceedings and deadlines in this action until 60 days after the

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Federal Communications Commission (“FCC”) has issued its ruling on a currently pending

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petition seeking a declaratory ruling that sending a one-time text message confirming a

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consumer’s request that no further text messages be sent in the future is not a violation of the

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Telephone Consumer Protection Act (“TCPA”) (the “Petition”). This request is made pursuant to

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Federal Rule of Civil Procedure 6(b)(1) and Civil Local Rule 6-2 and is supported by the

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concurrently filed Declaration of Matthew D. Brown.

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WHEREAS, the Complaint in this action was filed on August 2, 2012 and alleges, among

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other things, that TWC sent a text message to Mr. Rossell confirming that he no longer wished to

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receive text messages from TWC;

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WHEREAS, the Complaint alleges a single cause of action for violation of the TCPA, 47
U.S.C. § 227, for sending “unsolicited commercial text calls”;

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WHEREAS, on February 16, 2012, SoundBite Communications, Inc. filed the Petition

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with the FCC seeking an expedited declaratory ruling that sending a one-time text message

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confirming a consumer’s request that no further text messages be sent in the future is not a

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violation of the TCPA or Section 64.1200 of the FCC’s rules;

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WHEREAS, on March 30, 2012, the FCC announced that it would be taking comment on
the Petition, with comments due on April 30, 2012, and reply comments due on May 15, 2012;

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WHEREAS, the comment period on the Petition is over and the Petition is ripe for a
ruling;
WHEREAS, an initial Case Management Conference has been scheduled for October 31,
2012 in this action;
WHEREAS, the Parties have not previously requested any time modifications in this
action; and

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

2.

STIPULATED REQUEST FOR AN ORDER
GRANTING A STAY & [PROPOSED] ORDER
NO. 12-CV-04098-SBA

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WHEREAS, the Parties believe that a brief stay of this action, pending the FCC’s ruling

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on the Petition, would promote judicial and party efficiency and economy and the interests of

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justice;

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IT IS HEREBY STIPULATED AND AGREED THAT:

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1.

Subject to and contingent upon the other terms of this Stipulation and [Proposed]

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Order, TWC agrees not to challenge the Northern District of California as a proper venue for this

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action;

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rules on the Petition or until further Order of the Court;

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All proceedings and deadlines in this action are stayed until 60 days after the FCC

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This stay shall include a continuance of TWC’s deadline to answer, move to

dismiss, or otherwise respond to Plaintiff’s Complaint, to a date 60 days after the stay is lifted;

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4.

The Parties’ obligations to meet and confer pursuant to Rule 26(f) and to file ADR

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certifications or a Notice of Need for ADR Phone Conference pursuant to ADR L.R. 3-5 and

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Civil L.R. 16-8 are stayed until further Order of the Court;

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The Case Management Conference scheduled for October 31, 2012 is off calendar;

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Nothing in this Order shall prohibit any Party in this action from petitioning the

and

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Court to lift the stay as events warrant.

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Dated: September 13, 2012

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COOLEY LLP
/s/ Matthew D. Brown
MATTHEW D. BROWN

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Attorneys for Defendant THE WEATHER
CHANNEL, LLC

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Dated: September 13, 2012

PARISI & HAVENS LLP

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/s/ David C. Parisi
DAVID C. PARISI

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Attorneys for Plaintiff MICHAEL ROSSELL

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

3.

STIPULATED REQUEST FOR AN ORDER
GRANTING A STAY & [PROPOSED] ORDER
NO. 12-CV-04098-SBA

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[PROPOSED] ORDER

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The above stipulation having been considered and good cause appearing therefore,

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PURSUANT TO STIPULATION, IT IS SO ORDERED. For statistical purposes, the

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instant action is administratively closed pending further order of the Court. Within 90 days after

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the FCC rules on the Petition, the parties shall notify the Court as to the results of said ruling, and

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request either the reopening of the instant action or that the action be dismissed.

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DATED: September 17, 2012

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_________________________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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ATTESTATION

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In accordance with Northern District of California Civil Local Rule 5-1(i)(3), I hereby

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attest that I have obtained concurrence in the filing of this document from each of the other

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signatories.

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/s/ Matthew D. Brown
MATTHEW D. BROWN

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2637733/ST

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATED REQUEST FOR AN ORDER
GRANTING A STAY & [PROPOSED] ORDER
NO. 12-CV-04098-SBA