Thompson v. T-Mobile USA, Inc. et al

Filing 46

ORDER Denying Stipulated Request to Continue Case Management Conference re 45 Stipulation. The Case Management Conference remains on calendar for 4/26/2010 at 10:00 AM in Courtroom 8, 4th Floor. Signed by Judge James Ware on 4/13/2010. (ecg, COURT STAFF) (Filed on 4/13/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GREGORY P. STONE (SBN 078329) MUNGER, TOLLES & OLSON LLP 355 South Grand Avenue, Thirty-Fifth Floor Los Angeles, CA 90071-1560 Telephone: (213) 683-9255 Facsimile: (213) 687-3702 gregory.stone@mto.com ROSEMARIE T. RING (SBN 220769) MUNGER, TOLLES & OLSON LLP 560 Mission Street, Twenty-Seventh Floor San Francisco, CA 94105-2907 Telephone: (415) 512-4008 Facsimile: (415) 512-4077 rose.ring@mto.com CHARLES B. CASPER (Admitted Pro Hac Vice) MONTGOMERY, McCRACKEN, WALKER & RHOADS, LLP 123 South Broad Street Philadelphia, PA 19109-1029 Telephone: (215) 772-7223 Facsimilie: (215) 731-3750 ccasper@mmwr.com Attorneys for Defendants MICROSOFT CORPORATION and DANGER, INC. HARRY H. SCHNEIDER, JR. (Pro Hac Vice) SUSAN D. FAHRINGER (Pro Hac Vice) PERKINS COIE LLP 1201 Third Avenue, Suite 4800 Seattle, WA 98101 Telephone: (206) 359-8000 Facsimile: (206) 359-9000 hschneider@perkinscoie.com sfahringer@perkinscoie.com [Additional Counsel on Signature Page] Attorneys for Defendant T-MOBILE USA, INC. IRA P. ROTHKEN (SBN 160029) ROTHKEN LAW FIRM 3 Hamilton Landing, Suite 280 Novato, CA 94949 Telephone: (415) 924-4250 Facsimile: (415) 924-2905 ira@techfirm.com DISTRI Attorneys for Plaintiffs UNIT ED S ES AT T CT C RT U O DENIE D re UNITED STATES DISTRICT COURT ER N F D IS T IC T O R NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 4/13/2010 In re T-MOBILE SIDEKICK LITIGATION CASE NO. 5:09-CV-04854-JW STIPULATED REQUEST AND [PROPOSED] ORDER TO CONTINUE THE APRIL 26, 2010 CASE MANAGEMENT CONFERENCE TO JULY 26, 2010, AND TO EXTEND THE DEADLINE TO FILE A JOINT CASE MANAGEMENT STATEMENT FROM APRIL 16, 2010 TO JULY 19, 2010 STIPULATED REQUEST AND [PROPOSED] ORDER CASE NO. 5:09-CV-04854-JW A C LI FO mes Wa Judge Ja R NIA NO RT H 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, Plaintiffs self organized to transfer five proposed nationwide class actions brought on behalf of all "Sidekick" cell phone users alleging interruption of data service and data loss to the Northern District of California from other districts under 28 U.S.C. 1404(a) and 1406(a), and to relate those cases with two others already pending in the Northern District of California under Civil L.R. 3-12; WHEREAS, Plaintiffs and Defendants T-Mobile USA. Inc., Microsoft Corporation, and Danger, Inc. stipulated to (1) consolidation of the seven related cases under Fed. R. Civ. P. 42(a), (2) filing of a Consolidated Complaint by February 19, 2010, to which Defendants had to answer or otherwise respond by March 19, 2010, and (3) scheduling of a Case Management Conference in the consolidated action for April 26, 2010, and filing of a Joint Case Management Statement under Fed. R. Civ. P. 26 and Civil L. R. 16-9 on or before April 16, 2010, and requested that the Court enter a stipulated proposed order to that effect ("Proposed Order Consolidating Related Cases And Setting Case Management Conference"); WHEREAS, Plaintiffs agreed that Ira Rothken, Sherrie R. Savett, Michael J. Aschenbrener, and Samuel H. Rudman should be appointed Co-Lead Counsel with "day-to-day responsibility for the conduct of the consolidated action" and requested that the Court enter a stipulated proposed order to that effect ("Proposed Order Appointing Co-Lead Counsel"); WHEREAS, on February 4, 2009, the Court entered the Proposed Order Consolidating Related Cases And Setting Case Management Conference and the Proposed Order Appointing Co-Lead Counsel; WHEREAS, on February 19, 2010, Plaintiffs filed their Consolidated Complaint; WHEREAS, on March 19, 2010, Defendants filed answers to the Consolidated Complaint; WHEREAS, the parties have agreed that, subject to the Court's approval, the April 26, 2010 Case Management Conference should be continued to July 26, 2010, and the deadline for filing a Joint Case Management Statement under Fed. R. Civ. P. 26 and Civil L.R. 16-9 should be extended from April 16, 2010 to July 19, 2010, in support of the parties' continuing efforts to manage and move this action forward in the most effective and efficient manner possible; STIPULATED REQUEST AND [PROPOSED] ORDER CASE NO. 5:09-CV-04854-JW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW THEREFORE, Plaintiffs and Defendants, through their counsel of record, stipulate to the following: IT IS HEREBY STIPULATED that, subject to the Court's approval, the Case Management Conference scheduled for April 26, 2010 at 10:00 a.m. should be continued to July 26, 2010 at 10:00, and the deadline for filing a Joint Case Management Statement under Fed. R. Civ. P. 26 and Civil L.R. 16-9 should be extended from April 16, 2010 to July 19, 2010. DATED: April 9, 2010 ROTHKEN LAW FIRM By: /s/ Ira P. Rothken IRA P. ROTHKEN Attorneys for Plaintiff ELI MAPSTEAD DATED: April 9, 2010 EDELSON MCGUIRE, LLC By: /s/ Michael J. Aschenbrener MICHAEL J. ASCHENBRENER Attorneys for Plaintiff MAUREEN THOMPSON DATED: April 9, 2010 BERGER & MONTAGUE, P.C. By: /s/ Sherrie R. Savett SHERRIE R. SAVETT Attorneys for Plaintiffs LISA MARINARO and NICOLE MARINARO 2 STIPULATED REQUEST AND [PROPOSED] ORDER CASE NO. 5:09-CV-04854-JW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: April 9, 2010 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP By: /s/ Samuel H. Rudman SAMUEL H. RUDMAN Attorneys for Plaintiff MARY PEITLER DATED: April 9, 2010 PERKINS COIE LLP By: /s/ Susan D. Fahringer SUSAN D. FAHRINGER Attorneys for Defendant T-MOBILE USA, INC. DATED: April 9, 2010 MUNGER, TOLLES & OLSON LLP By: /s/ Rosemarie T. Ring ROSEMARIE T. RING Attorneys for Defendants MICROSOFT CORPORATION AND DANGER, INC. 3 STIPULATED REQUEST AND [PROPOSED] ORDER CASE NO. 5:09-CV-04854-JW 1 2 ORDER PURSUANT TO STIPULATION, No HEREBY for continuance has been stated. The request to continue is DENIED. IT ISgood cause ORDERED THAT the Case The case management conference remains on calendar as scheduled for April 26, 2010 at 10:00 AM 3 Management Conference scheduled for April 26, 2010 at 10:00 a.m., shall be continued to July 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 STIPULATED REQUEST AND [PROPOSED] ORDER CASE NO. 5:09-CV-04854-JW 26, 2010 at 10:00 a.m., and that the parties shall file a Joint Case Management Statement under Fed. R. Civ. P. 26 and Civil L. R. 16-9 on or before July 19, 2010. SO ORDERED. Dated: April 13, 2010 __________________________________________ JAMES WARE United States District Judge

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