Wesblatt v. Apple, Inc et al

Filing 162

STIPULATION AND ORDER 161 Continuing Class Certification Briefing Schedule. Case Management Conference set for 4/26/2013 10:30 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 2/22/13. (jg, COURT STAFF) (Filed on 2/22/2013)

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Michael W. Sobol (State Bar No. 194857)
[e-mail]
Roger N. Heller (State Bar No. 215348)
[e-mail]
LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff Joe Hanna

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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Case Nos. 5:10-cv-02553 RMW
CLASS ACTION

ALL CONSOLIDATED ACTIONS

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In re Apple and AT&T iPad Unlimited Data Plan
Litigation

STIPULATION AND []
ORDER CONTINUING CLASS
CERTIFICATION BRIEFING
SCHEDULE

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The Hon. Ronald M. Whyte
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[N.D. Cal. Civil L.R.6-1]
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STIPULATION AND [] ORDER CONTINUING CLASS CERT BRIEFING SCHEDULE
CASE NO. 5:10-cv-02553 RMW

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Plaintiff Joe Hanna (“Plaintiff Hanna”) and Defendant AT&T Mobility LLC (“ATTM”),

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by and through their respective attorneys, hereby stipulate as follows:
WHEREAS, Plaintiff Hanna and other named plaintiffs in these consolidated actions

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originally asserted claims against ATTM and Defendant Apple Inc., on behalf of a putative class

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of consumers;
WHEREAS, on July 19, 2011, the Court granted ATTM’s motion to compel arbitration

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and stay claims against ATTM, as to all of the named plaintiffs except for Plaintiff Hanna

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(Docket No. 107);
WHEREAS, on August 8, 2011, plaintiffs in these consolidated actions filed their First

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Amended Master Consolidated Complaint (“FAMCC”) (Docket No. 110);
WHEREAS, in the FAMCC, Plaintiff Hanna alleges claims against ATTM on behalf of a

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putative “AT&T Non-Subscriber Class”;
WHEREAS, on September 7, 2011, ATTM filed its Answer to the FAMCC (Docket No.

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121);

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WHEREAS, on June 26, 2012, the Court denied ATTM’s motion to strike Plaintiff

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Hanna’s class allegations in the FAMCC, and denied without prejudice ATTM’s motion to deny

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class certification (Docket No. 142);
WHEREAS, pursuant to the Court’s Minute Order dated July 27, 2012 (Docket No. 150),

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Plaintiff Hanna’s motion for class certification would be due February 15, 2013, ATTM’s

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opposition would be due March 15, 2013, and Plaintiff Hanna’s reply would be due April 5,

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2013, and a hearing on the class certification motion would occur on April 19, 2013 at 9:00 a.m.;
WHEREAS, Plaintiff Hanna and ATTM have been engaged in productive settlement

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discussions and have made progress towards a possible resolution of this matter;
WHEREAS, Plaintiff Hanna and ATTM agree to continue the current class certification

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briefing and hearing schedule to permit additional time for settlement discussions;
WHEREAS, other than the above class certification briefing and hearing schedule, the

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stipulated continuance will not alter the date of any other event or deadline already fixed by the
Court;
STIPULATION AND [] ORDER CONTINUING CLASS CERT BRIEFING SCHEDULE
CASE NO. 5:10-CV-02553 RMW CASE NO. 5:10-cv-02553 RMW

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THEREFORE, Plaintiff Hanna and ATTM stipulate that the class certification briefing

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and hearing schedule set forth in the Court’s Minute Order dated July 27, 2012 (Docket No. 150)

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is continued until such revised dates as may later be set by the Court. Either by stipulation or by

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separate administrative motion, Plaintiff Hanna or ATTM may request that the Court set a new

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class certification briefing and hearing schedule and/or schedule a further case management

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conference in this matter.

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IT IS SO STIPULATED.

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Dated: February 8, 2013

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MICHAEL W. SOBOL
ROGER N. HELLER
LIEFF, CABRASER, HEIMANN &
BERNSTEIN, LLP

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/s/ Roger N. Heller
ROGER N. HELLER

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Attorneys for Plaintiff Joe Hanna

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By:

Dated: February 8, 2013

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KATHLEEN TAYLOR SOOY
M. KAY MARTIN
JOEL D. SMITH
CROWELL & MORING LLP

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By:

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/s/ Kathleen Taylor Sooy
KATHLEEN TAYLOR SOOY

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Attorneys for Defendant
ATTM MOBILITY LLC

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Date: ____________________
_______________________________
Hon. Ronald M. Whyte
United States District Judge
STIPULATION AND D] ORDER CONTINUING CLASS CERT BRIEFING SCHEDULE
CASE NO. 5:10-CV-02553 RMW

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