STIPULATION AND [PROPOSED] ORDER 

WITHDRAWING MOTION TO DISMISS 

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William M. Audet (CA State Bar #117456) 

waudet@audetlaw.com

Joshua C. Ezrin (CA State Bar #220157) 

jezrin@audetlaw.com

AUDET & PARTNERS, LLP 

221 Main Street, Suite 1460 

San Francisco CA 94105 

Telephone: (415) 568-2555 

Facsimile: (415) 568-2556 

Attorneys for Plaintiffs 

and the Proposed Class 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

TINA WALTER, CHRISTOPHER 

BAYLESS and ERIC SCHUMACHER, 

individually and on behalf of others similarly 

situated, 

 Plaintiff, 

 v. 

HUGHES COMMUNICATIONS, INC. and 

HUGHES NETWORK SYSTEMS, LLC, 

 Defendants.

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CASE NO: 09-CV-02136 SC 

STIPULATION AND [PROPOSED] 

ORDER WITHDRAWING HEARING 

ON MOTION TO DISMISS 

WHEREAS, on March 18, 2010, Defendants HUGHES COMMUNICATIONS, INC. and 

HUGHES NETWORK SYSTEMS, LLC, (hereinafter, “Defendant”) filed a Motion to Dismiss 

and Strike Portions of the Second Amended Consolidated Class Action Complaint (hereinafter 

“Motion to Dismiss”) in the above-captioned case, originally set for hearing on May 7, 2010; 

WHEREAS, on March 23, 2010, the Parties participated in a full and productive day of 

mediation with the Hon. Ronald Sabraw (Ret.), at the JAMS offices in San Francisco, California, 

at which time the basic framework of a class wide settlement to this matter was discussed; 

Case 3:09-cv-02136-SC Document 55 Filed 08/24/10 Page 1 of 4
STIPULATION AND [PROPOSED] ORDER 

WITHDRAWING MOTION TO DISMISS 

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WHEREAS the Parties agreed to return to JAMS for another mediation session with 

Judge Sabraw on July 8, 2010, and per stipulation the May 7, 2010 hearing on the Motion to 

Dismiss was continued until September 17, 2010; 

WHEREAS the July 8, 2010 mediation session was continued by the mediator until 

August 17, 2010; 

WHEREAS, to allow the Parties an opportunity to meaningfully continue their 

discussions regarding the possible settlement of this matter, the Parties agree that the hearing on 

the Motion to Dismiss should be withdrawn without prejudice; 

WHEREAS, should mediation not resolve this matter, Defendant intends to file, prior to 

the deadline for it to respond to the Second Amended Complaint, a Motion to Dismiss; 

WHEREAS the Parties agree that the Defendant’s time to answer the Second Amended 

Complaint is extended until on or before September 17, 2010. 

IT IS HEREBY STIPULATED, by and between the Parties through their respective 

counsel, that the hearing on the Motion to Dismiss currently scheduled for September 3, 2010 

shall be withdrawn without prejudice, and further stipulated that Defendant will answer or 

otherwise respond to the Second Amended Complaint on or before September 17, 2010. 

IT IS SO STIPULATED. 

Dated: August 10, 2010 AUDET & PARTNERS, LLP 

By: /s/ 

 Joshua C. Ezrin 

 Attorneys for Plaintiffs 

Dated: August 10, 2010 HOGAN LOVELLS US, LLP 

By: /s/ 

Robert B. Hawk Attorneys for 

Defendants HUGHES 

COMMUNICATIONS, INC. and 

HUGHES NETWORK SYSTEMS 

LLC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge Samuel Conti

Case 3:09-cv-02136-SC Document 55 Filed 08/24/10 Page 2 of 4
STIPULATION AND [PROPOSED] ORDER 

WITHDRAWING MOTION TO DISMISS 

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PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED 

Dated: August , 2010 

 THE HONORABLE SAMUEL CONTI 

Case 3:09-cv-02136-SC Document 55 Filed 08/24/10 Page 3 of 4
STIPULATION AND [PROPOSED] ORDER 

WITHDRAWING MOTION TO DISMISS 

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 I, Joshua C. Ezrin, am the ECF User whose ID and password are being used to file this 

Stipulation and [Proposed] Order Withdrawing Hearing On Motion To Dismiss. In compliance 

with General Order 45, X.B., I hereby attest that Robert Hawk, counsel for HUGHES 

COMMUNICATIONS, INC. and HUGHES NETWORK SYSTEMS, LLC concurred in this 

filing.

Dated: August 10, 2010 AUDET & PARTNERS, LLP 

By: /s/ 

 Joshua C. Ezrin 

Case 3:09-cv-02136-SC Document 55 Filed 08/24/10 Page 4 of 4