Logan v. Apple Inc. et al

Filing 41

STIPULATION AND ORDER 40 Regarding Motion to Compel Arbitration, Discovery and Deferral of Responsive Pleading of At&T Mobility LLC, Motions terminated: 32 MOTION to Compel Arbitration and to Dismiss Claims or, in the Alternative, to Stay Case filed by AT&T Mobility LLC, 19 MOTION to Compel Arbitration and to Dismiss Claims or, in the Alternative, to Stay Case filed by AT&T Mobility LLC. Signed by Judge Ronald M. Whyte on 11/4/10. (jg, COURT STAFF) (Filed on 11/4/2010)

Logan v. Apple Inc. et al

Doc. 41

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M. Kay Martin (CA Bar No. 154697) [e-mail] Joel D. Smith (CA Bar No. 244902) [e-mail] CROWELL & MORING LLP 275 Battery Street, 23rd Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Kathleen Taylor Sooy (pro hac vice) [e-mail] CROWELL & MORING LLP 1001 Pennsylvania Avenue, NW Washington, DC 20004 Telephone: [phone] Facsimile: [phone] Donald M. Falk (CA Bar No. 150256) [e-mail] MAYER BROWN LLP Two Palo Alto Square, Suite 300 3000 El Camino Real Palo Alto, CA 94306-2112 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant AT&T Mobility LLC UNITED STATES DISTRICT COURT *E-FILED - 11/4/10*

18 NORTHERN DISTRICT OF CALIFORNIA 19 SAN JOSE DIVISION 20 21 22 23 Plaintiff, 24 vs. 25 APPLE INC. and AT&T MOBILITY, LLC, 26 Defendants. 27 28
STIPULATED MOTION FOR DEFERRAL OF PROCEEDINGS AGAINST DEFENDANT AT&T MOBILITY LLC, CASE NO. CV 10-02588-RMW
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Case No. CV 10-02588-RMW STUART LOGAN, on behalf of himself and all others similarly situated, STIPULATION REGARDING MOTION TO COMPEL ARBITRATION, DISCOVERY AND DEFERRAL OF RESPONSIVE PLEADING OF AT&T MOBILITY LLC; [] ORDER Honorable Ronald M. Whyte

Dockets.Justia.com

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WHEREAS, on June 11, 2010, Plaintiff Stuart Logan filed the complaint in this action (see Complaint, Dkt. No. 1); WHEREAS, on October 1, 2010, Defendant AT&T Mobility LLC ("ATTM") moved to compel arbitration of the Plaintiff's claims or, in the alternative, to stay the case (see Motion to Compel Arbitration, Dkt. No. 32); Plaintiff filed an opposition to the motion on October 15, 2010 (see Opposition to Motion to Compel Arbitration, Dkt. No. 37); and Defendant filed a reply in support of the motion on October 22, 2010 (see Reply, Dkt. No. 38); WHEREAS the Supreme Court has granted certiorari in AT&T Mobility LLC v. Concepcion, No. 09-893, in order to decide certain issues pertinent to ATTM's arbitration clause; WHEREAS, on October 18, 2010, the Court denied ATTM's motion to compel arbitration without prejudice in Weisblatt v. Apple Inc., No. CV 10-02553-RMW, and further denied a complete stay of proceedings while "limit[ing] discovery to written discovery relevant to claims against [co-defendant] Apple pending a decision in Concepcion" (Weisblatt Order at 6-7); WHEREAS, the Court recognized in its October 18, 2010 Order in Weisblatt that the plaintiffs' "claims with respect to ATTM will likely be affected by the Supreme Court's decision in Concepcion," as "the Supreme Court will speak directly to the class action waiver issue in Concepcion" (Weisblatt Order at 5-7), and Concepcion may similarly affect Logan's claims with respect to ATTM; WHEREAS, on November 9, 2010, the Supreme Court will hear arguments in Concepcion, and the Supreme Court will decide Concepcion this Term; WHEREAS, this Court has authority to reschedule proceedings involving ATTM pending the resolution of Concepcion (see Fed. R. Civ. P. 6(b)); WHEREAS, the parties agree that the relief granted by the Court in Weisblatt is warranted here; and WHEREAS, the parties agree that the hearing scheduled to address the motion to compel 1
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arbitration scheduled for November 5, 2010, should be vacated. It is hereby stipulated and ORDERED as follows: 1. ATTM's motion to compel arbitration and to dismiss claims or, in the alternative,

to stay case is denied without prejudice. 2. Discovery shall be limited to written discovery relevant to claims against Apple

pending a decision in Concepcion. 3. 4. ATTM's time to respond to the complaint is extended to December 6, 2010. The hearing scheduled for November 5, 2010 is vacated. MAYER BROWN LLP By: /s/ Donald M. Falk Donald M. Falk (CA Bar No. 150256) [e-mail] MAYER BROWN LLP Two Palo Alto Square, Suite 300 3000 El Camino Real Palo Alto, CA 94306-2112 Telephone: [phone] Facsimile: [phone] M. Kay Martin (CA Bar No. 154697) [e-mail] Joel D. Smith (CA Bar No. 244902) [e-mail] CROWELL & MORING LLP 275 Battery Street, 23rd Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Kathleen Taylor Sooy (pro hac vice) [e-mail] CROWELL & MORING LLP 1001 Pennsylvania Avenue, NW Washington, DC 20004 Telephone: [phone] Facsimile: [phone] Of counsel: Evan M. Tager Archis A. Parasharami MAYER BROWN LLP 1999 K Street, N.W.

Dated: November 4, 2010

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STIPULATED MOTION FOR DEFERRAL OF PROCEEDINGS AGAINST DEFENDANT AT&T MOBILITY LLC, CASE NO. CV 10-02588-RMW
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Washington, DC 20006 Tel: [phone] Fax: [phone] THE WESTON FIRM By: /s/ Jack Fitzgerald Jack Fitzgerald Gregory S. Weston 888 Turquoise Street San Diego, CA 92109 [e-mail] [e-mail] Telephone: [phone] Facsimile: [phone] Counsel for Plaintiff Stuart Logan I, Kevin P. O'Brien, am the ECF user whose ID and password are being used to file this Stipulation Regarding Motion to Compel Arbitration, Discovery and Deferral of Responsive Pleading of AT&T Mobility LLC; [Proposed] Order. In compliance with General Order 45.X.B, I hereby attest that all signatories have concurred in this filing. Dated: November 4, 2010 CROWELL & MORING LLP By: /s/ Kevin P. O'Brien Kevin P. O'Brien (CA Bar No. 215148)

ORDER Good cause appearing, the above stipulation between plaintiff Stuart Logan and

20 defendant AT&T Mobility LLC to defer proceedings in this Court against ATTM pending the 21 resolution of AT&T Mobility LLC v. Concepcion is hereby adopted by the Court. 22 23 24 25 26 27 28 ______________________________ Hon. Ronald M. Whyte United States District Court PURSUANT TO STIPULATION, IT IS SO ORDERED. 4 DATED this __ day of November, 2010.

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STIPULATED MOTION FOR DEFERRAL OF PROCEEDINGS AGAINST DEFENDANT AT&T MOBILITY LLC, CASE NO. CV 10-02588-RMW
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