Opinion
Case No. 2:11-cv-00783-WBS-DAD
02-14-2013
SHARON NEWTON, individually and on behalf of all others similarly situated, Plaintiffs, v. CLEARWIRE, INC., Defendant.
ROCHELLE L. WILCOX (State Bar No. 197790) DAVIS WRIGHT TREMAINE LLP STEPHEN M. RUMMAGE ( Admitted Pro Hac Vice ) KENNETH E. PAYSON ( Admitted Pro Hac Vice ) DAVIS WRIGHT TREMAINE LLP Attorneys for Defendant CLEARWIRE CORPORATION, erroneously sued as CLEARWIRE, INC.
ROCHELLE L. WILCOX (State Bar No. 197790)
DAVIS WRIGHT TREMAINE LLP
STEPHEN M. RUMMAGE (Admitted Pro Hac Vice)
KENNETH E. PAYSON (Admitted Pro Hac Vice)
DAVIS WRIGHT TREMAINE LLP
Attorneys for Defendant CLEARWIRE CORPORATION,
erroneously sued as CLEARWIRE, INC.
JOINT STATUS REPORT, STIPULATION, AND [PROPOSED] ORDER STAYING
ACTION AND VACATING SCHEDULING CONFERENCE
JOINT STATUS REPORT AND STIPULATION
On October 29, 2012, the Court entered an Order [Dkt. 51]: (i) staying this matter until January 21, 2013; (ii) setting a Scheduling Conference for February 19, 2013; and (iii) ordering the parties to file a Joint Status Report no later than February 4, 2013.
The parties, by and through their attorneys of record, provide this Joint Status Report advising the Court that: (i) on December 20, 2012, the court in Dennings v. Clearwire Corporation, Case No. 2:10-cv-01859-JLR (W.D. Wash.), entered a Settlement Order and Final Judgment granting final approval of the parties' settlement which, among other things, resolved the claims Ms. Newton asserted in the above-captioned action; and (ii) on January 18, 2013, objectors Gordon Morgan and Jeremy De La Gaza filed a Notice of Appeal of the Settlement Order and Final Judgment.
The parties, therefore, respectfully request that the Court vacate the Scheduling Conference set for February 19, 2013, and stay this case pending final affirmance on appeal of the Settlement Order and Final Judgment in Dennings, at which time the parties intend to file a stipulation and proposed order with this Court dismissing this action with prejudice and without award of costs to either party.
Respectfully submitted this 4th day of February, 2013. For Clearwire Corporation: DAVIS WRIGHT TREMAINE LLP By: ______________________
Kenneth E. Payson (admitted
pro hac vice)
Attorneys for Defendant
CLEARWIRE CORPORATION
For Plaintiff: AUDET & PARTNERS, LLP By: ______________________
Jonas Mann
Of Attorneys for Plaintiff
SHARON NEWTON
ORDER
IT IS SO ORDERED.
The Court (i) APPROVES the parties' stipulation; (ii) VACATES the Scheduling Conference set for February 19, 2013, and (iii) STAYS this matter until August 5, 2013. The parties shall file a Joint Status Report no later than August 5, 2013. The Scheduling Conference is reset for August 19, 2013 at 2:00 p.m.
______________________
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
I hereby certify that on this day, I caused to be electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following counsel of record:
Michael McShane (mmcshane@audetlaw.com)
Jonas Mann (jmann@audetlaw.com)
Audet & Partners, LLP
221 Main Street, Suite 1460
San Francisco, CA 94105
Bryce Miller (bmmiller@baillonthome.com)
Baillon Thome Jozwiak Miller & Wanta LLP
222 South Ninth Street, Suite 2955
Minneapolis, MN 55402
______________________
Kenneth E. Payson (admitted pro hac vice)
Davis Wright Tremaine LLP
1201 Third Avenue, Suite 2200
Seattle, Washington 98101-3045
Telephone: (206) 622-3150
Fax: (206) 757-7700
E-mail: kenpayson@dwt.com