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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1 5 Michael W. Sobol (State Bar No. 194857) msobol@lchb.com Roger N. Heller (State Bar No. 215348) rheller@lchb.com LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 275 Battery Street, 29th Floor San Francisco, CA 94111-3339 Telephone: (415) 956-1000 Facsimile: (415) 956-1008 6 Attorneys for Plaintiff Joe Hanna 2 3 4 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 Case Nos. 5:10-cv-02553 RMW CLASS ACTION ALL CONSOLIDATED ACTIONS 13 In re Apple and AT&T iPad Unlimited Data Plan Litigation STIPULATION AND [] ORDER CONTINUING CLASS CERTIFICATION BRIEFING SCHEDULE 14 15 16 The Hon. Ronald M. Whyte 17 [N.D. Cal. Civil L.R.6-1] 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [] ORDER CONTINUING CLASS CERT BRIEFING SCHEDULE CASE NO. 5:10-cv-02553 RMW 1 Plaintiff Joe Hanna (“Plaintiff Hanna”) and Defendant AT&T Mobility LLC (“ATTM”), 2 3 by and through their respective attorneys, hereby stipulate as follows: WHEREAS, Plaintiff Hanna and other named plaintiffs in these consolidated actions 4 5 originally asserted claims against ATTM and Defendant Apple Inc., on behalf of a putative class 6 of consumers; WHEREAS, on July 19, 2011, the Court granted ATTM’s motion to compel arbitration 7 8 and stay claims against ATTM, as to all of the named plaintiffs except for Plaintiff Hanna 9 (Docket No. 107); WHEREAS, on August 8, 2011, plaintiffs in these consolidated actions filed their First 10 11 Amended Master Consolidated Complaint (“FAMCC”) (Docket No. 110); WHEREAS, in the FAMCC, Plaintiff Hanna alleges claims against ATTM on behalf of a 12 13 putative “AT&T Non-Subscriber Class”; WHEREAS, on September 7, 2011, ATTM filed its Answer to the FAMCC (Docket No. 14 15 121); 16 WHEREAS, on June 26, 2012, the Court denied ATTM’s motion to strike Plaintiff 17 Hanna’s class allegations in the FAMCC, and denied without prejudice ATTM’s motion to deny 18 class certification (Docket No. 142); WHEREAS, pursuant to the Court’s Minute Order dated July 27, 2012 (Docket No. 150), 19 20 Plaintiff Hanna’s motion for class certification would be due February 15, 2013, ATTM’s 21 opposition would be due March 15, 2013, and Plaintiff Hanna’s reply would be due April 5, 22 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 23 24 discussions and have made progress towards a possible resolution of this matter; WHEREAS, Plaintiff Hanna and ATTM agree to continue the current class certification 25 26 briefing and hearing schedule to permit additional time for settlement discussions; WHEREAS, other than the above class certification briefing and hearing schedule, the 27 28 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 1 1 2 THEREFORE, Plaintiff Hanna and ATTM stipulate that the class certification briefing 3 and hearing schedule set forth in the Court’s Minute Order dated July 27, 2012 (Docket No. 150) 4 is continued until such revised dates as may later be set by the Court. Either by stipulation or by 5 separate administrative motion, Plaintiff Hanna or ATTM may request that the Court set a new 6 class certification briefing and hearing schedule and/or schedule a further case management 7 conference in this matter. 8 9 IT IS SO STIPULATED. 10 11 Dated: February 8, 2013 12 MICHAEL W. SOBOL ROGER N. HELLER LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 13 14 15 /s/ Roger N. Heller ROGER N. HELLER 16 Attorneys for Plaintiff Joe Hanna 17 By: Dated: February 8, 2013 18 19 KATHLEEN TAYLOR SOOY M. KAY MARTIN JOEL D. SMITH CROWELL & MORING LLP 20 By: 21 /s/ Kathleen Taylor Sooy KATHLEEN TAYLOR SOOY 22 Attorneys for Defendant ATTM MOBILITY LLC 23 24 25 PURSUANT TO STIPULATION, IT IS SO ORDERED. 26 27 28 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 2

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