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)

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: [phone] Facsimile: [phone] [e-mail] ROSEMARIE T. RING (SBN 220769) MUNGER, TOLLES & OLSON LLP 560 Mission Street, Twenty-Seventh Floor San Francisco, CA 94105-2907 Telephone: [phone] Facsimile: [phone] [e-mail] CHARLES B. CASPER (Admitted Pro Hac Vice) MONTGOMERY, McCRACKEN, WALKER & RHOADS, LLP 123 South Broad Street Philadelphia, PA 19109-1029 Telephone: [phone] Facsimilie: [phone] [e-mail] 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: [phone] Facsimile: [phone] [e-mail] [e-mail] [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: [phone] Facsimile: [phone] [e-mail] 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