Free Motion to Stay - District Court of California - California

Case 4:07-cv-03407-CW

Document 61

Filed 07/17/2008

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MICHAEL J. STORTZ (SBN #139386) [email protected] BETH O'NEAL ARNESE (SBN #241186) [email protected] DRINKER BIDDLE & REATH LLP 50 Fremont Street 20th Floor San Francisco, CA 94105-2235 Telephone: (415) 591-7500 Facsimile: (415) 591-7510 Attorneys for Defendant AT&T MOBILITY LLC UNITED STATES DISTRICT COURT

9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 Plaintiffs, 14 v. 15 16 17 18 19 20 21 22 23 24 25 26 27 28
D RINKER B IDDLE & R EATH LLP
ATTO RNEY S AT LAW SAN FRA NCI SCO

LOUIS JIRAN AND DELORES GRESHAM, individually and on behalf of a class of similarly situated individuals,

Case No. C-08-00013 CW NOTICE OF MOTION AND MOTION TO STAY

AT&T MOBILITY, LLC d/b/a The New AT&T f/k/a CINGULAR WIRELESS, a Delaware limited liability company, VERISIGN, INC., a Delaware corporation, M-QUBE, INC., a Delaware corporation, MBLOX, INC., a Delaware corporation, and MOBILE MESSENGER AMERICAS, INC., a Delaware corporation, Defendants. BABAK PISHVAEE, individually, and on behalf of a class of similarly situated individuals, Plaintiffs, v. VERISIGN, INC., a California corporation, M QUBE, INC., a Delaware corporation, and AT&T MOBILITY LLC, formerly known as Cingular Wireless LLC, a Delaware corporation, Defendants.
NOTICE OF MOTION AND MOTION TO STAY
SF01/ 597807.1

Date: September 4, 2008 Time: 2:00 p.m. Courtroom: 2, 4th Floor

Case No. C-07-3407 CW

CASE NO. C-08-00013 CW

Case 4:07-cv-03407-CW

Document 61

Filed 07/17/2008

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D RINKER B IDDLE & R EATH LLP
ATTO RNEY S AT LAW SAN FRA NCI SCO

TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on September 4, 2008 at 2:00 p.m., in Department 2 of this Court, located at 1301 Clay Street, Oakland, CA 94612, defendants Cingular Wireless Services LLC, AT&T Wireless Services, Inc. and New Cingular Wireless Services, Inc. (now collectively "AT&T Mobility") and Plaintiffs Louis Jiran and Delores Gresham will jointly move and hereby do move for an order staying all pretrial activity in the Pishvaee v. VeriSign, et al., Case No. 073407 (N.D. Cal.) and Jiran v. AT&T Mobility LLC, et al., Case No. 08-00013, (N.D. Cal.) proceedings until a final settlement is approved by the court. A parallel class action is pending before the Superior Court of Fulton County, Georgia captioned Tracie McFerren v. AT&T Mobility LLC, No. 2008-EV-004400F. The parties in the McFerren case have recently reached a nationwide settlement, which has been preliminarily approved by the McFerren Court. Because the McFerren settlement class includes all persons within the putative class for the pending federal actions within the Pishvaee and Jiran cases, a stay is appropriate pursuant to the Court's inherent power to stay litigation in the interest of judicial economy. /// /// /// /// /// /// /// /// /// /// /// /// /// ///
NOTICE OF MOTION AND MOTION TO STAY
SF01/ 597807.1

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CASE NO. C-08-00013 CW

Case 4:07-cv-03407-CW

Document 61

Filed 07/17/2008

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D RINKER B IDDLE & R EATH LLP
ATTO RNEY S AT LAW SAN FRA NCI SCO

This Motion to Stay is based on this Notice of Motion and Motion, the following memorandum of points and authorities in support, the accompanying Declaration of Michael Stortz, and such further items as may be considered by the Court in determining this Motion. Dated: July 17, 2008 DRINKER BIDDLE & REATH LLP

By: /s/ Beth Arnese Beth O'Neal Arnese Attorneys for Defendant AT&T MOBILITY LLC Dated: July 17, 2008 KAMBEREDELSON, LLC

By: /s/ Myles McGuire Myles McGuire Attorneys for Plaintiffs Louis Jiran, Dolores Gresham and Aliza Valdez

NOTICE OF MOTION AND MOTION TO STAY
SF01/ 597807.1

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CASE NO. C-08-00013 CW

Case 4:07-cv-03407-CW

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Filed 07/17/2008

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MICHAEL J. STORTZ (SBN #139386) [email protected] BETH O'NEAL ARNESE (SBN #241186) [email protected] DRINKER BIDDLE & REATH LLP 50 Fremont Street 20th Floor San Francisco, CA 94105-2235 Telephone: (415) 591-7500 Facsimile: (415) 591-7510 Attorneys for Defendant AT&T MOBILITY LLC UNITED STATES DISTRICT COURT

9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 Plaintiffs, 14 v. 15 16 17 18 19 20 21 22 23 24 25 26 27 28
D RINKER B IDDLE & R EATH LLP
ATTO RNEY S AT LAW SAN FRA NCI SCO

LOUIS JIRAN AND DELORES GRESHAM, individually and on behalf of a class of similarly situated individuals,

Case No. C-08-00013 CW [PROPOSED] ORDER GRANTING MOTION TO STAY

AT&T MOBILITY, LLC d/b/a The New AT&T f/k/a CINGULAR WIRELESS, a Delaware limited liability company, VERISIGN, INC., a Delaware corporation, M-QUBE, INC., a Delaware corporation, MBLOX, INC., a Delaware corporation, and MOBILE MESSENGER AMERICAS, INC., a Delaware corporation, Defendants. BABAK PISHVAEE, individually, and on behalf of a class of similarly situated individuals, Plaintiffs, v. VERISIGN, INC., a California corporation, M QUBE, INC., a Delaware corporation, and AT&T MOBILITY LLC, formerly known as Cingular Wireless LLC, a Delaware corporation, Defendants.
NOTICE OF MOTION AND MOTION TO STAY
SF01/ 597808.1

Case No. C-07-3407 CW

CASE NO. C-08-00013 CW

Case 4:07-cv-03407-CW

Document 61-2

Filed 07/17/2008

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D RINKER B IDDLE & R EATH LLP
ATTO RNEY S AT LAW SAN FRA NCI SCO

On September 4, 2008, Defendants Cingular Wireless LLC, AT&T Wireless Services, Inc., and New Cingular Wireless Services (now collectively "AT&T Mobility") and Plaintiffs Louis Jiran and Delores Gresham's Joint Motion to Stay came on for hearing in Courtroom 2 of this Court. All parties were given notice and an opportunity to be heard, and each party was represented at the hearing by its counsel of record. Having reviewed all of the papers and admissible evidence filed in support of and in opposition to the motion and for good cause appearing: IT IS HEREBY ORDERED THAT the motion to stay is GRANTED. The Court hereby orders a stay of all pretrial activity in the Pishvaee and Jiran cases pending final approval of the settlement in the parallel class action pending before the Superior Court of Fulton County, Georgia captioned Tracie McFerren v. AT&T Mobility LLC, No. 2008-EV-004400F.

Dated: September _____, 2008 Hon. Claudia Wilken United States District Court Northern District of California

NOTICE OF MOTION AND MOTION TO STAY
SF01/ 597808.1

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CASE NO. C-08-00013 CW