Opinion
CASE NO.: 09-CV-02136 SC
11-21-2011
TINA WALTER, CHRISTOPHER BAYLESS, and ERIC SCHUMACHER, individually and on behalf of all others similarly situated, Plaintiffs, v. TUGHES COMMUNICATIONS, INC. and TUGHES NETWORK SYSTEMS, LLC, Defendants.
Robert B. Hawk (SBN 118054) J. Christopher Mitchell (SBN 215639) HOGAN LOVELLS US LLP Attorneys for Defendants HUGHES COMMUNICATIONS, INC. and HUGHES NETWORK SYSTEMS, LLC
Robert B. Hawk (SBN 118054)
J. Christopher Mitchell (SBN 215639)
HOGAN LOVELLS US LLP
Attorneys for Defendants
HUGHES COMMUNICATIONS, INC.
and HUGHES NETWORK SYSTEMS, LLC
STIPULATION AND [PROPOSED]
ORDER REGARDING FILING OF
MOTION FOR PRELIMINARY
APPROVAL
The Honorable
WHEREAS, on October 14, 2011 the Court entered a stipulated Order Regarding Withdrawal Without Prejudice of Defendants' Motion to Dismiss (the "Order") permitting Hughes Communications, Inc. and Hughes Network Systems LLC's (collectively, "Hughes") to withdraw their then-pending Motion to Dismiss Pursuant to the Federal Arbitration Act and Alternative Motion to Dismiss and Strike ETF Claims, to allow Hughes and Plaintiffs Tina Walter, Christopher Bayless and Eric Schumacher ("Plaintiffs") (collectively, the "Parties") to pursue settlement;
WHEREAS, the Order, pursuant to the stipulation of the parties, provided that Hughes' time to Hughes' time to move to dismiss, answer or otherwise respond to the Second Amended Complaint shall and hereby would be extended until (a) November 25, 2011, or (b) if Plaintiffs were to file a Motion for Preliminary Approval of the Amended Settlement Agreement on or before November21, 2011, twenty (20) days after the Court rules on such motion;
WHEREAS, the parties have been diligently working to document the settlement and have been cooperating in good faith in an Amended and Restated Stipulation of Settlement (the "Amended Settlement Agreement") to be submitted to the Court for approval, together with a motion for preliminary approval of the proposed settlement;
WHEREAS, the parties anticipate that due to the number of parties and counsel whose review and signature are required for the settlement and supporting documentation to be executed, and the travel schedule and other urgent commitments of counsel, the Amended Settlement Agreement will not be fully executed in time for Plaintiffs to file the Motion for Preliminary Approval of the Amended Settlement Agreement on or before November 21, 2011;
IT IS HEREBY STIPULATED, by and between the Parties through their respective counsel, that:
1. Plaintiffs expect to file a Motion for Preliminary Approval of the Amended Settlement Agreement on or before December 7, 2011;
2. Hughes' time to move to dismiss, answer or otherwise respond to the Second Amended Complaint shall and hereby is extended until (a) December 20, 2011, or (b) if Plaintiffs file
a Motion for Preliminary Approval of the Amended Settlement Agreement on or before December 7, 2011, twenty (20) days after the Court rules on such motion.
IT IS SO STIPULATED.
HOGAN LOVELLS LLP
By: _______________
Attorneys for Defendants
HUGHES COMMUNICATIONS, INC. and
HUGHES NETWORK SYSTEMS LLC
BRAMSON, PLUTZIK, MAHLER &
BIR
KHA
EUS
ER
LLP
By: _______________
Jennifer S. Rosenberg
Attorneys for Plaintiffs
IT IS SO ORDERED.
Honorable Samuel Cont
United Stares District Judge