Standiford v. Palm, Inc. et al

Filing 21

STIPULATION AND ORDER Granting Substitution of Parties re 17 Stipulation. Sprint Nextel Corporation terminated. Signed by Judge James Ware on 2/17/2010. (ecg, COURT STAFF) (Filed on 2/17/2010)

1 DAVID PARISI - SBN 162248 2 PARISI & HAVENS, LLP
15233 Valleyheart Drive [e-mail]

3 Sherman Oaks, California 91403 4 Telephone: [phone] JAY EDELSON
[e-mail]

6 MICHAEL J. ASCHENBRENER
[e-mail] BENJAMIN H. RICHMAN 8 [e-mail] EDELSON MCGUIRE, LLC 9 350 North LaSalle Street, Suite 1300 Chicago, Illinois 60654 10 Telephone: [phone] Fax: [phone]

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12 ATTORNEYS FOR PLAINTIFF 13 14 15 16 17 18 JASON STANDIFORD, an individual, on
behalf of himself and all others similarly 19 situated, ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 09-cv-5719-JW STIPULATION RE SUBSTITUTION OF PARTIES Action Filed: December 4, 2009 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

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v.

Plaintiff,

23 SPRINT NEXTEL CORP., a Kansas 24 corporation, 25 26 27 28
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PALM, INC., a Delaware corporation, and

Defendants.

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STIPULATION RE SUBSTITUTION OF PARTIES Case No. 09-cv-5719-JW

1 IT IS HEREBY STIPULATED by and between: 2
Plaintiff Jason Standiford, an individual, on behalf of himself and all others similarly

3 situated ("Plaintiff"), defendant, Palm, Inc., and defendant Sprint Spectrum L.P., erroneously 4 named as Sprint Nextel Corporation ("Sprint"), through their undersigned counsel, as follows: 5
WHEREAS, on December 4, 2009, Plaintiff filed a complaint naming, among others,

6 Sprint Nextel Corporation as a party-defendant; 7
WHEREAS, by stipulation of the parties, Defendants have until February 10, 2010 to

8 answer, respond, or otherwise plead to Plaintiff's complaint; 9
WHEREAS, Plaintiff has been advised that Sprint Nextel Corporation contends there is no

10 personal jurisdiction over it in California and it was improperly named as a party-defendant in this 11 case in that it has had no involvement in the matter that allegedly forms the basis for Plaintiff's 12 alleged claims; 13
WHEREAS, Plaintiff has advised Sprint Nextel Corporation that without waiving and

14 expressly reserving his right to name at a later time Sprint Nextel Corporation as a party-defendant 15 should Plaintiff have a good faith basis to do so, Plaintiff agrees to dismiss the complaint without 16 prejudice as to Sprint Nextel Corporation, and name Sprint Spectrum L.P. as a party-defendant; 17
WHEREAS, Sprint Nextel Corporation has advised Plaintiff that it will not object on the

18 basis of this stipulation or the dismissal contemplated hereby to any later attempt by Plaintiff to 19 name Sprint Nextel Corporation as a party-defendant in this matter, subject to Sprint Nextel's right 20 to assert all defenses available to it, including, without limitation, lack of personal jurisdiction; 21
WHEREAS, Plaintiff, Sprint Nextel Corporation (appearing specially), and Sprint

22 Spectrum L.P. agree that Plaintiff's complaint shall be deemed filed against Sprint Spectrum L.P., 23 all allegations relating to Sprint Nextel Corporation shall be deemed to relate to Sprint Spectrum 24 L.P., and the caption of the complaint shall be amended to name Sprint Spectrum L.P. in place of 25 "Sprint Nextel Corp."; 26
WHEREAS, Plaintiff agrees that Sprint Spectrum L.P. shall answer, respond, or otherwise

27 plead to the complaint in Sprint Nextel Corporation's stead; 28
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STIPULATION RE SUBSTITUTION OF PARTIES Case No. 09-cv-5719-JW

1

NOW THEREFORE, the Parties, through their counsel of record, hereby stipulate and

2 agree as follows: 3
1. This stipulation does not constitute a waiver of, or otherwise impair, Plaintiff's

4 right to name at a later time Sprint Nextel Corporation as a party-defendant should Plaintiff have a 5 good faith basis to so name Sprint Nextel Corporation as a party-defendant. Sprint Nextel 6 Corporation hereby stipulates and agrees that any amended pleading so naming it as a party7 defendant (a) shall relate back to the original filing of this action, and (b) may be served upon 8 counsel for Sprint Spectrum L.P. and thus constitute valid service upon Sprint Nextel Corporation. 9
2. Plaintiff's complaint is hereby dismissed without prejudice as to defendant Sprint

10 Nextel Corporation on the conditions set forth above in paragraph 1 of this stipulation. 11
3. This stipulation does not constitute a waiver of, or otherwise impair, any defenses

12 Sprint Nextel Corporation may raise against this action, including, without limitation, lack of 13 personal jurisdiction. 14
4. Sprint Spectrum L.P. is hereby named as a party-defendant in this matter, all

15 allegations relating to Sprint Nextel Corporation shall be deemed to relate to Sprint Spectrum L.P., 16 and the caption of the complaint shall be amended to name Sprint Spectrum L.P. in place of 17 "Sprint Nextel Corp." Plaintiff's complaint shall be deemed filed against and served upon Sprint 18 Spectrum L.P. 19 20 21 22 23 24 25 26 27 28
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// // // // // // // //

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STIPULATION RE SUBSTITUTION OF PARTIES Case No. 09-cv-5719-JW

1

5.

Sprint Spectrum L.P. and Palm, Inc. shall answer, respond or otherwise plead to

2 Plaintiff's complaint on or before February 12, 2010. 3 4 Dated: February 10, 2010 5 6 7 8 9 Dated: February 10, 2010 10 11 12 13 14 15 16 17
February 17, 2010 18 Dated: ______________

EDELSON MCGUIRE, LLC By: s/ Michael J. Aschenbrener MICHAEL J. ASCHENBRENER Attorneys for Plaintiff SHEPPARD MULLIN RICHTER & MULLIN LLP By: s/ Peter Hecker PETER HECKER Attorneys for Defendant Palm, Inc., Defendant Sprint Spectrum L.P., and Specially Appearing Defendant Sprint Nextel Corporation

PURSUANT TO STIPULATION, IT IS SO ORDERED.

_____________________________________ HON. JAMES WARE UNITED STATES DISTRICT JUDGE

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STIPULATION RE SUBSTITUTION OF PARTIES Case No. 09-cv-5719-JW

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PROOF OF SERVICE

The undersigned certifies that, on February 10, 2010, he caused the document titled STIPULATION RE SUBSTITUTION OF PARTIES to be electronically filed with the Clerk of 3 Court using the CM/ECF system, which will send notification of filing to counsel of record for 4 each party.

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s/ David C. Parisi David C. Parisi

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STIPULATION RE SUBSTITUTION OF PARTIES Case No. 09-cv-5719-JW