Opinion
Case No. 2:11-cv-00783-WBS-DAD
10-26-2012
SHARON NEWTON, individually and on behalf of all others similarly situated, Plaintiffs, v. CLEARWIRE, INC., Defendant.
OCHELLE 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 CONTINUING
STAY
JOINT STATUS REPORT AND STIPULATION
The parties, by and through their attorneys of record, provide this Joint Status Report advising the Court they (i) have reached a settlement, subject to court approval, (ii) have submitted papers for preliminary approval in a case raising similar issues now pending in the Western District of Washington, i.e., Dennings v. Clearwire Corporation, Case No. 2:10-cv-01859-JLR
The parties earlier identified the case as Bobowski v. Clearwire Corporation based on the addition of a new lead plaintiff, Bobowski. In the ECF system, however, the case remains titled Dennings v. Clearwire Corporation (Dennings was sole plaintiff when the case was initially filed). The parties therefore refer to the case now as Dennings.
(W.D. Wash.); (iii) the Dennings Court granted preliminary approval of the settlement and set a final approval hearing for December 19, 2012.
The parties, therefore, respectfully request that the Court continue to stay this case pending final settlement approval and expiration of the appeal period (or final affirmance on appeal) 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. Assuming the Dennings Court grants final approval on or about December 19, 2012, and to allow time for expiration of the appeal period, the parties respectfully request that this Court continue the stay in this case until January 21, 2013.
Respectfully submitted this 18th day of October, 2012.
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 (authorized on 10/18/12)
Jonas Mann
Of Attorneys for Plaintiff
SHARON NEWTON
ORDER
IT IS SO ORDERED.
The Court approves the parties' stipulation and STAYS this matter until January 21, 2013. A Scheduling Conference is set in this case for February 19, 2013 at 2:00 p.m. A Joint Status Report shall be filed no later than Febuary 4, 2013.
________________________
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