UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
January 4, 2012
TINA WALTER, CHRISTOPHER BAYLESS, AND
ERIC SCHUMACHER, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,
HUGHES COMMUNICATIONS, INC. AND HUGHES NETWORK SYSTEMS, LLC,
The opinion of the court was delivered by: The Honorable Samuel Conti
Robert B. Hawk (SBN 118054) J. Christopher Mitchell (SBN 215639) HOGAN LOVELLS US LLP 525 University Avenue, 4th Floor Palo Alto, California 94301 Telephone: (650) 463-4000 Facsimile: (650) 463-4199 firstname.lastname@example.org email@example.com Attorneys for Defendants HUGHES COMMUNICATIONS, INC. and HUGHES NETWORK SYSTEMS, LLC
STIPULATION AND [PROPOSED] ORDER REGARDING DEFENDANTS' RESPONSE TO FOURTH AMENDED COMPLAINT
2 an Order Regarding Withdrawal Without Prejudice of Defendants' Motion to Dismiss, permitting 3 Hughes Communications, Inc. and Hughes Network Systems LLC (collectively, "Hughes") to 4 withdraw their then-pending Motion to Dismiss Pursuant to the Federal Arbitration Act and 5 Alternative Motion to Dismiss and Strike ETF Claims (the " previously-filed Motion to 6 Dismiss"), to allow Hughes and Plaintiffs to pursue settlement;
WHEREAS, on October 4, 2011, the Court entered, pursuant to stipulation of the parties,
WHEREAS, on November 21, 2011, the Court, pursuant to stipulation, ordered that Hughes time to dismiss, answer or otherwise respond to the Second Amended Complaint be 9 extended until (a) December 20, 2011, or (b) if Plaintiffs file a Motion for Preliminary Approval 10 of the Amended Settlement Agreement on or before December 7, 2011, twenty (20) days after the 11 Court rules on such motion; 12
WHEREAS, on December 7, 2011, Plaintiffs filed a Motion for Preliminary Approval of [Amended and Restated] Settlement and Conditional Class Certification and a proposed Fourth 14 Amended Complaint; 15
WHEREAS, the Court has scheduled said Motion for Preliminary Approval to be heard at 10:00 a.m. on February 10, 2012; 17
WHEREAS the parties' agree that the negotiation of and entry into an Amended Settlement Agreement, and the filing of a Motion for Preliminary Approval, are without prejudice 19 to Hughes' rights to raise any defense to (or to oppose the filing of) any complaint filed or 20 proposed to be filed by Plaintiffs, including the Fourth Amended Complaint; 21
WHEREAS, the parties agree that until the Court rules on Plaintiffs' Motion for Preliminary Approval, Hughes should, for purposes of efficiency, have no obligation to respond 23 to the proposed Fourth Amended Complaint; 24 25 counsel, that Hughes' time to move to dismiss, answer, oppose the filing of, or otherwise respond 26 to the Fourth Amended Complaint shall and hereby is extended until twenty (20) days after the 27 28 IT IS HEREBY STIPULATED, by and between the parties through their respective Court rules on Plaintiffs' Motion for Preliminary Approval, currently set for hearing on February 2 10, 2012. 3 4
IT IS SO STIPULATED.
IT IS SO ORDERED.
Dated: __________, 2011 I
IS ORDERED IT SO U
Hon. Samuel J. Conti A United States Court District Judge
I, Robert B. Hawk, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Regarding Defendants' Response to Fourth Amended 3 Complaint. In compliance with General Order 45, X.B., I hereby attest that Jennifer S. Rosenberg 4 has concurred in this filing. 5 6
DATED: December 21, 2011 HOGAN LOVELLS LLP 7
Robert B. Hawk
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