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United States ex rel. Prather v. AT&T, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Nov 29, 2011
Case No. 3:09-cv-2457 (BZ) (N.D. Cal. Nov. 29, 2011)

Opinion

Case No. 3:09-cv-2457 (BZ)

11-29-2011

UNITED STATES OF AMERICA, ex rel., John C. Prather, et al. Plaintiff/Relator v. AT&T INC., CELLCO PARTNERSHIP d/b/a VERIZON COMMUNICATIONS, QWEST COMMUNICATIONS INTERNATIONAL, INC., SPRINT NEXTEL CORP., and TELEPHONE AND DATA SYSTEMS, INC., Defendants.

David F. Taylor, Bar No. 129654 PERKINS COIE LLP Farschad Farzan, Bar No. 215194 PERKINS COIE LLP Attorneys for Defendant SPRINT NEXTEL CORPORATION


David F. Taylor, Bar No. 129654

PERKINS COIE LLP

Farschad Farzan, Bar No. 215194

PERKINS COIE LLP

Attorneys for Defendant

SPRINT NEXTEL CORPORATION

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING HEARING DATE AND BRIEFING SCHEDULE FOR DEFENDANTS' RESPONSES TO RELATOR'S COMPLAINT

Relator John C. Prather and Defendants AT&T Inc., Cellco Partnership d/b/a Verizon Wireless, Sprint Nextel Corp., and Telephone and Data Systems, Inc. (collectively, "Defendants"), by and through their respective counsel and subject to the approval of the Court, hereby stipulate as follows:

WHEREAS, on June 3, 2009, Relator filed the initial complaint ("Complaint") in the above-referenced matter;

WHEREAS, Defendants were served with Relator's Complaint between November 4, 2011 and November 8, 2011;

WHEREAS, Relator and Defendants have agreed to coordinate scheduling with respect to Defendants' responses to Relator's Complaint;

WHEREAS, Relator and Defendants further agree that by entering into this stipulation, Defendants do not waive any defenses or submit to the jurisdiction of the Court or to the judicial assignment; NOW, THEREFORE, subject to the approval of the Court, Relator and Defendants stipulate as follows:

1. Defendants will each answer or respond by motion to the Complaint on or before January 17, 2012;

2. Relator shall file any opposition(s) to Defendants' motion(s) on or before February 28, 2012;

3. Defendants shall file any reply brief(s) in support of their motion(s) on or before March 20, 2012;

4. Defendants' motion(s) will be heard on April 18, 2012 at 10:00 a.m.

IT IS SO STIPULATED

BALESTRIERE FARIELLO

John G. Balestriere

Attorneys for Plaintiff John C. Prather

SIDLEY AUSTIN LLP

Douglas A. Axel

Attorneys for Defendant AT&T Inc.

MUNGER, TOLLES & OLSON LLP

Jerome C. Roth

Attorneys for Defendant Cellco Partnership

d/b/a Verizon Wireless

PERKINS COIE LLP

David F. Taylor

Farschad Farzan

Attorneys for Defendant Sprint Nextel Corporation

SIDLEY AUSTIN LLP

Richard J. O'Brien

Attorneys for Defendant Telephone and Data Systems, Inc.

PURSUANT TO STIPULATION, IT IS SO ORDERED

Hon. Bernard Zimmerman

Magistrate Judge, United States District Court

PROOF OF SERVICE

I, June Starr, declare:

I am a citizen of the United States and I am employed in the County of King, State of Washington. I am over the age of 18 and not a party to the within action. My business address is Perkins Coie LLP, 1201 Third Avenue, Suite 4800, Seattle, Washington 98101.

On November 23, 2011, I served the foregoing document described as: JOINT STIPULATION AND [PROPOSED] ORDER REGARDING HEARING DATE AND BRIEFING SCHEDULE FOR DEFENDANTS' RESPONSES TO RELATOR'S COMPLAINT on all interested parties in this action as follows:

LAW OFFICE OF MATHEW A. SIROKA

Matthew A. Siroka

600 Townsend Street, Suite 233050

San Francisco, CA 93103

mas@defendergroup.com

[On CM/ECF]

SIDLEY AUSTIN LLP

Douglas A. Axel

555 West Fifth Street

Los Angeles, California 90013

daxel@sidley.com

[By Mail]

SIDLEY AUSTIN LLP

Richard J. O'Brien

One South Dearborn

Chicago, IL60603

robrien@sidley.com

[By Mail]

BALESTRIERE FARIELLO

John G. Balestriere

225 Broadway, Suite 2900

New York, NY 10007

john.balestriere@balestriere.net

[On CM/ECF]

Steven J. Saltiel

Assistant United States Attorney

450 Golden Gate Avenue

P.O. Box 36055

San Francisco, CA 94102

[By Mail]

MUNGER, TOLLES & OLSON LLP

Jerome C. Roth

Jonathan H. Blavin

560 Mission Street 27th Floor

San Francisco, CA 94105

jerome.roth@mto.com

jonathan.blavin@mto.com

[By Mail]

[x] (ON CM/ECF) I electronically filed and served the document on CM/ECF.

[x] (BY MAIL) I deposited such envelope in the mail at Seattle, Washington. The envelope was mailed with postage thereon fully prepaid. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with the U.S. postal service on that same day in the ordinary course of business. I am aware that on motion of a party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in the affidavit.

I declare that I am a registered user of the CM/ECF system.

I served the foregoing document by electronically filing the document via the CM/ECF system maintained by the court.

I declare under penalty of perjury under the laws of the United States of America that the above is true and correct.

Executed on November 2011, at Seattle, WA 98101.

June Starr


Summaries of

United States ex rel. Prather v. AT&T, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Nov 29, 2011
Case No. 3:09-cv-2457 (BZ) (N.D. Cal. Nov. 29, 2011)
Case details for

United States ex rel. Prather v. AT&T, Inc.

Case Details

Full title:UNITED STATES OF AMERICA, ex rel., John C. Prather, et al…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: Nov 29, 2011

Citations

Case No. 3:09-cv-2457 (BZ) (N.D. Cal. Nov. 29, 2011)