Free Status Report - District Court of California - California

Case 3:07-cv-02231-RJB

Document 44

Filed 08/28/2008

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1 JAMES J. MITTERMILLER, Cal. Bar No. 85177 [email protected] 2 FRANK J. POLEK, Cal. Bar No. 167852 [email protected] 3 JOHN C. DINEEN, Cal. Bar No. 222095 [email protected] 4 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership 5 Including Professional Corporations 501 West Broadway, 19th Floor 6 San Diego, California 92101-3598 Telephone: 619-338-6500 7 Facsimile: 619-234-3815 8 Attorneys for Defendants SPRINT SOLUTIONS, INC. and SPRINT 9 SPECTRUM L.P. 10 ALAN MCQUARRIE MANSFIELD, Cal. Bar No. 125998 [email protected] 11 JOHN W. HANSON, Cal. Bar No. 214771 [email protected] 12 ROSNER & MANSFIELD, LLP 10085 Carroll Canyon Road 13 San Diego, California 92131 Telephone: 858-348-1005 14 Facsimile: 858-348-1150 15 Attorneys for Plaintiffs ERIC TAYLOR and UTILITY CONSUMERS' 16 ACTION NETWORK 17 18 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case No. 07 CV 2231 RJB JOINT REPORT TO COURT RE STATUS AND SCHEDULING CONFERENCE Date: August 29, 2008 Time: 9:30 a.m. (Telephonic) Case Assigned To: Hon. Robert J. Bryan

19 UTILITY CONSUMERS' ACTION NETWORK and ERIC TAYLOR, on 20 behalf of themselves, their members and/or all others similarly situated, as applicable, 21 Plaintiffs, 22 v. 23 SPRINT SOLUTIONS, INC.; and SPRINT 24 SPECTRUM L.P., 25 26 27 Defendants.

The parties have conferred and are prepared to discuss at the status and

28 scheduling conference on August 29, 2008, the matters itemized by the Court in its Order -1W02-WEST:DN4\401005197.1

JOINT REPORT TO COURT RE STATUS AND SCHEDULING CONFERENCE

Case 3:07-cv-02231-RJB

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Filed 08/28/2008

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1 and Notice of Agenda, dated August 15 and August 27, 2008, respectively. The parties 2 provide the following preliminary input: 3 4 1. The date by which Federal Rule of Civil Procedure 26(a) initial

5 disclosures will take place: November 7, 2008. 6 7 2. Whether precertification discovery should be limited to matters

8 bearing on certification of this matter as a class action: 9 10 a. 11 12 b. 13 bright line determination but have stated they intend to focus first on class certification 14 issues in discovery. Plaintiffs believe t here may also be certain discovery regarding 15 organizational and electronic discovery issues that needs to be undertaken at the outset. 16 17 3. 18 before any substantive issues in the case and/or by trying the liability issues before the 19 damages issues: 20 21 22 23 24 b. Plaintiffs: Plaintiffs believe it is premature to make such a 25 determination but believe not at this time. 26 27 28 -2W02-WEST:DN4\401005197.1

Defendants: Yes.

Plaintiffs: Plaintiffs believe it is difficult to create such a

Whether the case should be bifurcated by deciding class certification

a.

Defendants:

Yes, and (preliminarily) yes.

JOINT REPORT TO COURT RE STATUS AND SCHEDULING CONFERENCE

Case 3:07-cv-02231-RJB

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4.

A proposed filing deadline and briefing schedule for the class

2 certification motion. The parties propose the following preliminary case schedule, 3 including the motion for class certification: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6. 23 24 25 26 27 28 -3W02-WEST:DN4\401005197.1

9/5/08

From this date, parties may serve respective document requests and interrogatories (confer ahead of time).

10/8/08

Earliest date for service of responses to document requests and interrogatories.

10/31/08 Last day for document production and initial disclosures. 11/1/08 2/6/09 3/6/09 4/3/09 4/10/09 Parties may begin taking depositions. Last day to file class certification motion. Last day to file class certification opposition. Last day to file class certification reply. Class certification hearing (allowing sufficient time for discovery during the pendency of the motion, if necessary). 5. A proposed discovery plan: See #4 above.

The date the case will be ready for trial: See #10 below.

7.

The total number of trial days required: See #10 below.

JOINT REPORT TO COURT RE STATUS AND SCHEDULING CONFERENCE

Case 3:07-cv-02231-RJB

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Filed 08/28/2008

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8.

The dates on which trial counsel may have complications to be

2 considered in setting a trial date: Counsel for plaintiffs has a trial set to start in August 3 2009. 4 5 9. Should there be a deadline for any changes to proposed class

6 representatives or for objections to proposed class representatives (before the motion for 7 class certification is filed): No. 8 9 10. 10 is decided: The parties would like to discuss their respective views on this issue with 11 Court during the conference. 12 13 14 15 16 Dated: August 28, 2008 17 18 19 20 21 22 23 24 25 26 27 28 -4W02-WEST:DN4\401005197.1

Should we hold off on setting the trial until after the certification issue

11.

The deadlines usually set in this court: See #10 above.

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP By s/James J. Mittermiller Attorneys for Defendants SPRINT SOLUTIONS, INC. and SPRINT SPECTRUM L.P. E-mail: [email protected]

Dated: August 28, 2008

ROSNER & MANSFIELD, LLP By s/Alan Mansfield Attorneys for Plaintiffs UTILITY CONSUMERS' ACTION NETWORK and ERIC TAYLOR E-mail: [email protected]

JOINT REPORT TO COURT RE STATUS AND SCHEDULING CONFERENCE