Amezcua v. Cellco Partnership et al

Filing 29

STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE (approving document no. 27 ). Signed by Judge Jeremy Fogel on 1/14/09. (jflc2, COURT STAFF) (Filed on 1/14/2009)

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Sarah Wager (State Bar No. 209277) [e-mail] DECHERT LLP 2440 W. El Camino Real, Suite 700 Mountain View, CA 94040-1499 Telephone: [phone] Facsimile: 650.813.4848 Michael S. Doluisio (Admitted Pro Hac Vice) [e-mail] Karen C. Daly (Admitted Pro Hac Vice) [e-mail] DECHERT LLP Cira Center, 2929 Arch Street Philadelphia, PA 19104 Telephone: [phone] Facsimile: 215.994.2222 Attorneys for Defendants MOBILEFUNSTER, INC. and FUNMOBILE GAMES, INC.

**E-Filed 1/14/09**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

MELINDA AMEZCUA, individually and on behalf of a class similarly situated individuals, Plaintiff, v. CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS, a Delaware general partnership, MOBILEFUNSTER, INC. D/B/A FUNMOBILE, a Delaware corporation, FUNMOBILE GAMES, INC., a Delaware corporation, Defendants.

Case No. 5:08-CV-4390-JF -----------------STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE; CASE NO: 5:08-CV-4390-JF 13346172.1

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WHEREAS this case was initially assigned to Magistrate Patricia Trumbull, and was set for Initial Case Management Conference on January 27, 2009 at 10:00 a.m. (Document No. 3); WHEREAS on November 11, 2008 Magistrate Trumbull issued a Stipulation and Order to Continue Case Management Conference, which moved the Initial Case Management Conference from January 27, 2009 to March 24, 2009 (Docket No. 16); WHEREAS on December 4, 2008 the case was reassigned to the Honorable Jeremy

WHEREAS the Clerk's Notice of Impending Reassignment vacated the January 27, 2009 Case Management Conference before Magistrate Trumbull (which had already been vacated by Docket No. 16) and set the case for a Case Management Conference on January 30, 2009 before Judge Fogel (Docket No. 24); WHEREAS defendants Mobilefunster, Inc. and Funmobile Games, Inc. ("Funmobile Defendants") filed a Notice of Removal with this Court and Plaintiff filed a Motion to Remand, which will be set for hearing on March 13, 2009; WHEREAS the parties believe that the issues to be discussed at the Case Management Conference and the related case management deadlines may become moot if the Court grant's Plaintiff's Motion to Remand; NOW, THEREFORE, based on the foregoing, the parties do hereby stipulate, by and through their counsel of record, to move the Case Management Conference from January 30, 2009 to April 24, 2009 at 10:30 a.m., that all related case management deadlines be reset in /// /// /// /// /// /// /// ///
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE; CASE NO: 5:08-CV-4390-JF 13346172.1

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accordance therewith, and respectfully request that the Court enter an order reflecting same. Dated: January 12, 2009 DECHERT LLP By:/s/ Sarah Wager Sarah Wager Attorneys for Defendants MOBILEFUNSTER, INC. and FUNMOBILE GAMES, INC. Michael S. Doluisio (Admitted Pro Hac Vice) [e-mail] Karen C. Daly (Admitted Pro Hac Vice) [e-mail] DECHERT LLP Cira Center, 2929 Arch Street Philadelphia, PA 19104 Telephone: [phone] Facsimile: 215.994.2222 Dated: January 12, 2009 PARISI & HAVENS, LLP By:/s/ David C. Parisi David C. Parisi Attorneys for Plaintiff MELINDA AMEZCUA, Individually and on behalf of a class of similarly situated individuals Dated: January 12, 2009 MORRISON & FOERSTER LLP By:/s/ Geoffrey Graber Dan Marmalefsky Penelope A. Preovolos Geoffrey Graber Attorneys for Defendant CELLCO PARTNERSHIP LLP d/b/a VERIZON WIRELESS

GENERAL ORDER 45 ATTESTATION I, Sarah Wager, am the ECF user whose ID and password are being used to file this Stipulation to Continue Case Management Conference. In compliance with General Order 45, I /// /// ///
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE; CASE NO: 5:08-CV-4390-JF 13346172.1

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hereby attest that David Parisi of Parisi & Havens and Geoffrey Graber of Morrison & Foerster have concurred in this filing.

Dated: January 12, 2009

DECHERT LLP By:/s/ Sarah Wager Sarah Wager Attorneys for Defendants MOBILEFUNSTER, INC. and FUNMOBILE GAMES, INC.

IT IS SO ORDERED 1/14/09 Dated: _________________

UNITED STATES DISTRICT COURT JUDGE

STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE; CASE NO: 5:08-CV-4390-JF 13346172.1

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