BEHREND et al v. COMCAST CORPORATION

Filing 544

ORDER THAT PLAINTIFFS' MOTION TO ENFORCE SETTLEMENT AGREEMENT 515 IS DENIED. DEFENDANTS' FIRST MOTION FOR LEAVE TO FILE UNDER SEAL ITS OPPOSITION TO CLASS 523 IS GRANTED. PLAINTIFFS' MOTION FOR LEAVE TO FILE A REPLY MEMORANDUM [527 ] IS GRANTED. DEFENDANTS' FIRST MOTION TO STAY TRIAL AND PRETRIAL PROCEEDINGS 529 IS GRANTED. ALL TRIAL AND PRETRIAL PROCEEDINGS IN THIS MATTER IS STAYED. THE CLERK OF COURT IS DIRECTED TO TERMINATE FOR STATISTICAL PURPOSES 499 , 502 , 505 , 506 , 508 , 510 , AND 511 . SIGNED BY HONORABLE JOHN R. PADOVA ON 9/25/12. 9/26/12 ENTERED AND COPIES MAILED, E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CAROLINE BEHREND, et al.

:
:
:
:
:

v.
COMCAST CORPORATION, et al.

CIVIL ACTION

NO. 03-6604

ORDER
AND NOW, this 25th day of September 2012, IT IS HEREBY ORDERED as follows:
1.

For the reasons stated in the accompanying Memorandum, and after hearing
argument on August 21, 2012, Plaintiffs’ Motion to Enforce Settlement Agreement
(Docket Entry 515) is DENIED.

2.

Defendants’ First Motion for Leave to File Under Seal its Opposition to Class
Plaintiffs’ Motion to Enforce Settlement Agreement (Docket Entry 523) is
GRANTED.

3.

Plaintiffs’ Motion for Leave to File Reply Memorandum in Support of Motion to
Enforce Settlement Agreement Under Seal (Docket Entry 527) is GRANTED.

4.

Defendants’ First Motion to Stay Trial and Pretrial Proceedings (Docket Entry 529)
is GRANTED.
a.

All trial and pretrial proceedings in this matter are STAYED pending
resolution in the United States Supreme Court of Comcast Corp. v. Behrend,
No. 11-864.

b.

The Clerk of Court is DIRECTED to terminate for statistical purposes
Docket Entry 499 (Defendants’ First Motion to Modify and Narrow the Class
for Plaintiffs’ Section 2 Claim), Docket Entry 502 (Defendants’ Motion to

Strike Dr. McClave’s Supplemental Report and Bar Plaintiffs from Arguing
for Damages under Section 2), Docket Entry 505 (Plaintiffs’ Motion to
Compel Comcast to Produce SpectrumCo Agreements with Verizon), Docket
Entry 506 (Defendants’ Motion for Leave to File Reply Memorandum),
Docket Entry 508 (Plaintiffs’ Motion for Leave to File Under Seal
Declaration of Sara Berger), Docket Entry 510 (Defendants’ Motion to
Exclude Certain Testimony of Dr. Michael A. Williams), and Docket Entry
511 (Defendants’ Motion to Exclude or Limit Testimony of Dr. James T.
McClave).
BY THE COURT:
/s/John R. Padova

John R. Padova, J.