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Newton v. Clearwire, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Jan 12, 2012
Case No. 2:11-cv-00783-WBS-DAD (E.D. Cal. Jan. 12, 2012)

Opinion

Case No. 2:11-cv-00783-WBS-DAD

01-12-2012

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 CONTINUING STAY


JOINT STATUS REPORT AND STIPULATION

Plaintiff Sharon Newton and Defendant Clearwire Corporation, by and through their counsel, provide this joint status report and stipulate to the following and request that the Court stay this matter until February 13, 2012, so the parties can continue their settlement discussions, which remain ongoing following their formal mediation. The parties jointly request that the Court enter the following Order approving this Stipulation.

In support of this request, the parties represent the following to the Court:

1. On December 12, 2011, the Court entered an order [Dkt. 39] approving the parties' stipulation and (i) stayed the case until January 12, 2012, to allow the parties to mediate their dispute, as well as other matters involving Clearwire; (ii) vacated the hearing on Clearwire's Motion to Compel Arbitration [Dkt. 18]; and (iii) directed the parties to submit a joint status report at the expiration of the stay.

2. The parties engaged in formal mediation on January 4 and 5, 2012, and their settlement discussions from that mediation remain ongoing.

3. To allow the parties to continue their settlement discussions and focus their efforts on resolving this dispute amicably, they jointly ask the Court to stay the case until February 13, 2012.

Stipulated and respectfully submitted this 12th day of January, 2012.

For Clearwire Corporation:

DAVIS WRIGHT TREMAINE LLP

By: ________________________

Kenneth E. Payson (admitted pro hac vice)

Attorneys for Defendant

CLEARWIRE CORPORATION

For Plaintiff:

BAILLON THOME JOZWIAK MILLER & WANTA

By: ________________________

Bryce Miller (admitted pro hac vice)

Of Attorneys for Plaintiff

SHARON NEWTON

ORDER

IT IS SO ORDERED.

The Court approves the parties' stipulation and STAYS this matter until February 13, 2012. The parties shall submit a joint status report describing how they propose that this matter will proceed on or before February 13, 2012.

_______________________

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


Summaries of

Newton v. Clearwire, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Jan 12, 2012
Case No. 2:11-cv-00783-WBS-DAD (E.D. Cal. Jan. 12, 2012)
Case details for

Newton v. Clearwire, Inc.

Case Details

Full title:SHARON NEWTON, individually and on behalf of all others similarly…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Jan 12, 2012

Citations

Case No. 2:11-cv-00783-WBS-DAD (E.D. Cal. Jan. 12, 2012)