Logan v. Apple Inc. et al

Filing 30

ORDER re 28 Granting Stipulation Continuing Hearing To October 28, 2010 And Setting Briefing Schedule On AT&T Mobility LLC's Motion To Compel Arbitration And To Dismiss Claims, Or In The Alternative, To Stay Case. Case Management Statement due by 10/14/2010. Case Management Conference set for 10/28/2010 02:00 PM. Motion Hearing set for 10/28/2010 02:00 PM. Signed by Judge Claudia Wilken on 9/14/2010. (ndr, COURT STAFF) (Filed on 9/14/2010)

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CROWELL & MORING LLP
A T T O R N E Y S A T LAW

M. Kay Martin (CSB No. 154697) [e-mail] Joel D. Smith (CSB No. 244902) [e-mail] CROWELL & MORING LLP 275 Battery Street, 23rd Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: 415.986.2827
[e-mail]

Kathleen Taylor Sooy (pro hac vice) CROWELL & MORING LLP 1001 Pennsylvania Avenue, NW Washington, DC 20004 Telephone: [phone] Facsimile: [phone] Attorneys for AT&T Mobility LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION
STUART LOGAN, on behalf of himself and all others similarly situated,

Case No. 3:10-cv-02588-CW STIPULATION AND ORDER CONTINUING HEARING TO OCTOBER 28, 2010, AND SETTING BRIEFING SCHEDULE ON AT&T MOBILITY LLC'S MOTION TO COMPEL ARBITRATION AND TO DISMISS CLAIMS, OR IN THE ALTERNATIVE, TO STAY CASE [N.D. CAL. CIVIL L.R. 6-1(b)] The Hon. Claudia Wilken Complaint filed: June 11, 2010

Plaintiffs, v. APPLE, INC. and AT&T MOBILITY LLC, Defendants.

CASE NO. 3:10-cv-02588-CW STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING AND SETTING BRIEFING SCHEDULE

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CROWELL & MORING LLP
A T T O R N E Y S A T LAW

Plaintiff Stuart Logan ("Plaintiff") and defendant AT&T Mobility LLC ("ATTM"), by and through their respective attorneys, hereby stipulate as follows: WHEREAS, on June 11, 2010, plaintiffs filed their Complaint in the above-captioned case; WHEREAS, pursuant to June 30, 2010 and July 28, 2010 stipulations, ATTM's time to respond to the Complaint was extended to August 16, 2010; WHEREAS, on August 16, 2010, ATTM filed a Motion To Compel Arbitration And To Dismiss Claims Or, In The Alternative, To Stay The Case ("Motion To Compel"), which currently is noticed for a hearing on October 14, 2010; WHEREAS, plaintiffs and ATTM desire to continue the hearing date to October 28, 2010 and agree to a briefing schedule; WHEREAS, the stipulated briefing schedule will not alter the date of any event or deadline already fixed by the Court. THEREFORE, plaintiff and ATTM STIPULATE as follows: 1. Plaintiff's brief in opposition to the Motion to Compel shall be filed no later than

October 3, 2010. 2. ATTM's reply brief in support of the Motion to Compel shall be filed no later than

October 14, 2010. 3. Except as set forth above, all Local Rules shall remain in effect with respect to the

briefing on the Motion to Compel. Entering into this stipulation does not constitute a waiver of any defense under Federal Rule of Civil Procedure 12. IT IS SO STIPULATED. Dated: September 10, 2010 CROWELL & MORING LLP By: /s/ M. Kay Martin M. Kay Martin Attorneys for Defendant AT&T Mobility LLC

1 CASE NO. 3:10-cv-02588-CW STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING AND SETTING BRIEFING SCHEDULE

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CROWELL & MORING LLP
A T T O R N E Y S A T LAW

Dated: September 10, 2010

GREGORY S. WESTON JACK FITZGERALD THE WESTON FIRM By: /s/ Gregory S. Weston Gregory S. Weston Attorneys for Plaintiff

I, M. Kay Martin, am the ECF User whose ID and password are being used to file this Stipulation. In compliance with General Order 45, section X.B., I hereby attest that concurrence in the filing of the document has been obtained from each of the other signatories. By: /s/ M. Kay Martin M. Kay Martin

ORDER Pursuant to Stipulation, SO ORDERED.

Dated: 9/14/2010

__________________________________________ The Honorable Judge Claudia Wilken U. S. District Court

2 CASE NO. 3:10-cv-02588-CW STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING AND SETTING BRIEFING SCHEDULE