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

Filing 50

ORDER SETTING SCHEDULE FOR CLASS DISCOVERY AND PLAINTIFFS' MOTION FOR CLASS CERTIFICATION re 48 Joint Case Management Statement. Joint Case Management Statement due by 11/5/2010. Initial Case Management Conference set for 11/15/2010 10:00 AM i n Courtroom 8, 4th Floor, San Jose. Close of Call Discovery due by 1/14/2011. The Court sets a hearing on Plaintiffs' anticipated Motion for Class Certification. Plaintiffs shall notice their Motion in accordance with the Civil Local Rules of the Court. Motion Hearing set for 4/11/2011 09:00 AM. Please see Order for further specifics. Signed by Judge James Ware on 4/21/2010. (ecg, COURT STAFF) (Filed on 4/22/2010)

1 2 3 4 5 6 7 8 9 10 In Re T-Mobile Sidekick Litigation IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 09-04854 JW ORDER SETTING SCHEDULE FOR CLASS DISCOVERY AND PLAINTIFFS' MOTION FOR CLASS CERTIFICATION

United United States District Court

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For the Northern District of California

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This case is scheduled for a Case Management Conference on April 26, 2010. The parties filed a Joint Case Management Statement. (See Docket Item No. 48.) The parties request that the Court bifurcate class and merits discovery. (See id. at 3-4.) Upon review of the parties' Statement, the Court finds that a schedule for the case can be set without the necessity of an appearance at this time. Accordingly, the Court VACATES the April 26, 2010 Conference and ORDERS as follows: (1) (2) (3) The Court finds good cause to bifurcate discovery between class and merits. All class discovery shall be completed on or before January 14, 2011. The Court sets a hearing on Plaintiffs' anticipated Motion for Class Certification on April 11, 2011 at 9 a.m.1 Plaintiffs shall notice their Motion in accordance with the Civil Local Rules of the Court. (4) The parties shall appear for a Further Case Management Conference on November 15, 2010 at 10 a.m. On or before November 5, 2010, the parties shall file a Joint Case Management Statement. The Statement shall provide a proposed schedule for The parties also request that the Court set a hearing date on Defendants' anticipated motion for summary judgment. (See id.) However, in light of the bifurcation of discovery, the Court declines to set a deadline for hearing dispositive motions at this time.

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the close of all merits discovery, update the Court on the progress of class discovery and inform the Court of any settlement efforts.

Dated: April 21, 2010

JAMES WARE United States District Judge

United States District Court

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For the Northern District of California

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Alan Himmelfarb [e-mail] David E. Breskin [e-mail] Douglas Matthew Risen [e-mail] Ira P. Rothken [e-mail] Jay Edelson [e-mail] Jon J Lambiras [e-mail] Joren Surya Bass [e-mail] Karl Phillip Barth [e-mail] Kevin Andrew Seely [e-mail] Mark Adam Griffin [e-mail] Matt C Bailey [e-mail] Michael James Aschenbrener [e-mail] Rosemarie Theresa Ring [e-mail] Samuel H. Rudman [e-mail] Sherrie R. Savett [e-mail] Susan D. Fahringer [e-mail]

United States District Court

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For the Northern District of California

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Dated: April 21, 2010

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy