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