Henson et al v. Turn, Inc.

Filing 36

ORDER GRANTING 35 STIPULATION Rescheduling Motion Date for Pending Motions. Motion Hearing set for 8/21/2015 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Case Management Statement due by 8/14/2015. Initial Case Management Conference set for 8/21/2015 11:00 AM in Courtroom 5, 2nd Floor, Oakland.. Signed by Judge JEFFREY S. WHITE on 6/5/15. (jjoS, COURT STAFF) (Filed on 6/5/2015)

Case4:15-cv-01497-JSW Document35 Filed06/05/15 Page1 of 5

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Scott H. Angstreich (appearance pro hac vice)
[e-mail]
Jessica C. Collins (appearance pro hac vice)
[e-mail]
KELLOGG, HUBER, HANSEN, TODD,
EVANS & FIGEL, P.L.L.C.
1615 M Street, N.W., Suite 400
Washington, D.C. 20036
Telephone: [phone]
Facsimile: [phone]

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Henry Weissmann (SBN 132418)
[e-mail]
MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue, 35th Floor
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]

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Rosemarie T. Ring (SBN 220769)
[e-mail]
MUNGER, TOLLES & OLSON LLP
560 Mission St., 27th Floor
San Francisco, CA 94105
Phone: [phone]
Facsimile: [phone]

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Counsel for Amicus Curiae
Cellco Partnership d/b/a Verizon Wireless

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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ANTHONY HENSON and WILLIAM
CINTRON,

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Plaintiffs,

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vs.

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CASE NO.: 4:15-cv-01497-JSW
STIPULATION AND [PROPOSED]
ORDER RESCHEDULING MOTION
DATE FOR PENDING MOTIONS

TURN INC.,

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Defendant.

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STIPULATION AND [PROPOSED] ORDER RESCHEDULING MOTION DATE; CASE NO.:
4:15-cv-01497-JSW

Case4:15-cv-01497-JSW Document35 Filed06/05/15 Page2 of 5

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WHEREAS, on April 1, 2015, Plaintiffs filed in this Court a Class Action Complaint (the
“Complaint”) in the above-captioned action;

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WHEREAS, on April 21, 2015, this Court entered a Stipulated Order, stipulated by and

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between Plaintiffs and Defendant Turn Inc. (“Turn”), setting an Initial Case Management

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Conference (“CMC”) for July 24, 2015 at 9:30 AM, and providing that, in the event Turn filed a

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motion for relief instead of an answer to the Complaint, a hearing would be set on July 24, 2015

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at 9:30 AM;

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WHEREAS, on May 15, 2015, Turn filed a Motion to Dismiss (or in the Alternative to
Stay) this Action to Compel Arbitration (“Motion to Dismiss”);

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WHEREAS, on May 22, 2015, Cellco Partnership d/b/a Verizon Wireless (“Verizon”)

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filed a Motion for Leave to File a Brief as Amicus Curiae in Support of Turn’s Motion to Dismiss

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(“Motion for Leave,” and collectively with the Motion to Dismiss, the “Pending Motions”);

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WHEREAS, on May 26, 2015, this Court set a hearing date on the Motion for Leave for
July 24, 2015 at 9:00 AM;

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WHEREAS, lead counsel for Verizon has a scheduling conflict with the July 24, 2015

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hearing date due to a pre-existing family commitment that requires him to be in Portland, Maine

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from July 24 through July 27, 2015;

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WHEREAS, counsel for Verizon has conferred with Plaintiffs and Turn and all parties

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have agreed, subject to the Court’s schedule and approval, to reschedule the CMC and the hearing

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date for the Pending Motions on August 21, 2015, which is the next date on which lead counsel

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for Plaintiffs, Turn, and Verizon are all available; and

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WHEREAS, there have been no other requested time modifications in this action, either

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by stipulation or motion, and this stipulated request would have no effect on other scheduled

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dates.

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IT IS THEREFORE STIPULATED AND AGREED, by and between Verizon, Plaintiffs,

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and Turn, acting through their respective counsel, subject to this Court’s schedule and approval,

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that the CMC shall be rescheduled for August 21, 2015, at 11 a.m., and the motion date for the

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STIPULATION AND [PROPOSED] ORDER RESCHEDULING MOTION DATE; CASE NO.:
4:15-cv-01497-JSW

Case4:15-cv-01497-JSW Document35 Filed06/05/15 Page3 of 5

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Pending Motions shall be rescheduled for the Court’s Civil Law and Motion Calendar on August

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21, 2015, at 9 a.m., with the order of call to be determined by the Court.

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Dated: June 5, 2015

Respectfully submitted,

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By: /s/ Scott H. Angstreich

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Henry Weissmann (SBN 132418)
[e-mail]
MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue, 35th Floor
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]

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Rosemarie T. Ring (SBN 132418)
[e-mail]
MUNGER, TOLLES & OLSON LLP
560 Mission St., 27th Floor
San Francisco, CA 94105
Phone: [phone]
Facsimile: [phone]
Scott H. Angstreich (appearance pro hac vice)
[e-mail]
Jessica C. Collins (appearance pro hac vice)
[e-mail]
KELLOGG, HUBER, HANSEN, TODD,
EVANS & FIGEL, P.L.L.C.
1615 M Street, N.W., Suite 400
Washington, D.C. 20036
Telephone: [phone]
Facsimile: [phone]
Counsel for Amicus Curiae
Cellco Partnership d/b/a Verizon Wireless

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STIPULATION AND [PROPOSED] ORDER RESCHEDULING MOTION DATE; CASE NO.:
4:15-cv-01497-JSW

Case4:15-cv-01497-JSW Document35 Filed06/05/15 Page4 of 5

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Dated: June 5, 2015

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Michael H. Rubin, State Bar No. 214636
[e-mail]
Anthony J. Weibell, State Bar No. 238850
[e-mail]
Stephen N. Gikow, State Bar No. 302484
[e-mail]
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
One Market Plaza, Spear Tower, Suite 3300
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]

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Counsel for Defendant Turn Inc.

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By: /s/ Michael H. Rubin

Dated: June 5, 2015

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By: /s/ Nimish R. Desai
Michael W. Sobol (CA 194857)
[e-mail]
Nimish R. Desai (CA 244953)
[e-mail]
LIEFF CABRASER HEIMANN &
BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: [phone]
Facsimile: 415.956.1008

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Counsel for Plaintiffs

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ORDER
Pursuant to Stipulation, it is so ORDERED.

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DATED: June 5, 2015

__________________________
Hon. Jeffrey S. White
United States District Judge

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STIPULATION AND [PROPOSED] ORDER RESCHEDULING MOTION DATE; CASE NO.:
4:15-cv-01497-JSW