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Jonathan C. Kaltwasser,On Behalf of Himself and All Others Similarly Situated v. At&T Mobility

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


July 26, 2011

JONATHAN C. KALTWASSER,ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
AT&T MOBILITY, LLC F/K/A CINGULAR WIRELESS LLC,
DEFENDANT.

The opinion of the court was delivered by: Judge: Honorable Jeremy Fogel

**E-Filed 7/26/2011** Joseph N. Kravec, Jr., Esquire (pro hac vice) J. Mark Moore, Esquire (180473) Wyatt A. Lison, Esquire Ira Spiro, Esquire (67641) 2 STEMBER FEINSTEIN DOYLE SPIRO MOSS, LLP 3 & PAYNE, LLC 11377 West Olympic Boulevard, Fifth Floor Allegheny Building, 17th Floor Los Angeles, CA 90064-1683 4 429 Forbes Avenue Telephone: (310) 235-2468 Pittsburgh, PA 15219 Facsimile: (310) 235-2456 5 Telephone: (412) 281 -8400 Email: mark@spiromoss.com; 6 Facsimile: (412) 281-1007 ira@spiromoss.com Email: jkravec@stemberfeinstein.com; 7 wlison@stemberfeinstein.com Michael D. Braun, Esquire (167416) Janet Lindner Spielberg, Esquire (221926) 9 BRAUN LAW GROUP, P.C. LAW OFFICE OF JANET LINDNER 10680 West Pico Boulevard, Suite 280 SPIELBERG 10 Los Angeles, CA 90064 12400 Wilshire Boulevard, Suite 400 Telephone: (310) 836-6000 Los Angeles, CA 90025 11 Facsimile: (310) 836-6010 Telephone: (310) 392-8801 Email: service@braunlawgroup.com Facsimile: (310) 278-5938 12 Email: jlspielberg@jlslp.com ATTORNEYS FOR PLAINTIFF

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING AND HEARING SCHEDULE FOR DEFENDANT'S RENEWED MOTION TO COMPEL ARBITRATION AND STAY LITIGATION AND MOTION TO STRIKE CLASS ALLEGATIONS

Date: September 9, 2011 Time: 9:00am Courtroom: 3

WHEREAS, on July 13, 2011, Defendant filed a Renewed Motion to Compel Arbitration and Stay Litigation and a Motion to Strike Class Allegations (collectively "Defendant's Motions");

WHEREAS, on July 15, 2011 the parties attended a Case Management Conference with the Court to discuss Defendant's Motions wherein the Court directed the Parties to consult the Court's Clerk, Christian Delaney, about scheduling the briefing schedule and hearing date for Defendant's Motions;

WHEREAS, on July 19, 2011 counsel for Plaintiff spoke with Christian Delaney who indicated the Court wanted to hear Defendant's Motions on September 9, 2011;

WHEREAS, the parties conferred with respect to the briefing schedule for Defendant's Motions and agreed to and submit the following stipulation for the hearing and briefing on Defendant's Motions:

1. Plaintiff's opposition to Defendant's Motions shall be filed no later than August 10, 2011.

2. Defendant's reply in support of Defendant's Motions shall be filed no later than August 24, 2011.

3. Defendant's Motions shall be heard on September 9, 2011 at 9:00a.m. in Courtroom 3, 5th Floor, United States Courthouse, 280 S. First Street, San Jose, California.

The Parties respectfully request that the Court enter this Stipulation.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Honorable Jeremy Fogel

20110726

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