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JOINT STIPULATION AND [PROPOSED] ORDER

CASE NO. 09 CV 6102 WHA 1

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DAN MARMALEFSKY (CA SBN 95477)

MORRISON & FOERSTER LLP

555 West Fifth Street

Los Angeles, California 90013-1024

Telephone: 213.892.5200

PENELOPE A. PREOVOLOS (CA SBN 87607)

TIFFANY CHEUNG (CA SBN 211497)

MORRISON & FOERSTER LLP

425 Market Street

San Francisco, California 94105-2482

Telephone: 415.268.7000

Attorneys for Defendants

CELLCO PARTNERSHIP d/b/a VERIZON WIRELESS

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MELISSA WHIPPO NETA, individually and on 

behalf of a class of similarly-situated persons, Plaintiff,

v.

CELLCO PARTNERSHIP d/b/a VERIZON 

WIRELESS, a foreign partnership, and DOES 1- 50, Defendants. Case No. 09 CV 6102 WHA

JOINT STIPULATION AND 

[PROPOSED] ORDER

JOINT STIPULATION AND [PROPOSED] ORDER

WHEREAS the Complaint in the above-captioned action was filed on December 31, 2009;

WHEREAS the above-captioned action is one of numerous similar putative class actions 

(the “Actions”) pending in various different judicial districts throughout the country against 

Case 3:10-cv-03230-FLW-LHG Document 17 Filed 03/24/10 Page 1 of 5 PageID: 74
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JOINT STIPULATION AND [PROPOSED] ORDER

CASE NO. 09 CV 6102 WHA 2

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defendant Cellco Partnership d/b/a Verizon Wireless (“Verizon Wireless”) regarding charges for 

data usage by Verizon Wireless subscribers; 

WHEREAS on December 17, 2009, plaintiff’s counsel in one of the Actions filed with the 

Judicial Panel on Multidistrict Litigation (“the Panel”) a motion to transfer the related Actions 

pending at that time to the United States District Court for the District of New Jersey, pursuant to 

28 U.S.C. §1407 (“the MDL Motion”); 

WHEREAS several substantially similar actions - including the above-captioned Action - were filed in federal court after the MDL Motion was filed;

WHEREAS the above-captioned action is a potential tag-along action to the prospective 

MDL; 

WHEREAS the MDL Motion and the responses filed thereto request that the cases be 

centralized for pretrial proceedings either in the District of New Jersey or the Southern District of 

California; 

WHEREAS the MDL Motion remains pending before the Panel and is set for hearing on 

March 25, 2010; 

WHEREAS Verizon Wireless and plaintiffs in this Action agree that transfer and 

centralization of the Actions is appropriate; WHEREAS a stay of the above-captioned action is warranted in order to avoid duplicative 

and overlapping litigation, waste of judicial resources, and potentially conflicting rulings in the 

Actions; 

WHEREAS this Court has the power to grant a stay, and a stay would promote judicial 

economy and avoid prejudice to the parties; 

WHEREAS this action has just commenced and there has been no activity in the case; 

WHEREAS absent a stay, the Court and the parties face imminent litigation deadlines and 

whereas such duplicative proceedings prior to the MDL determination would likely result in the 

duplication of effort by the parties, a waste of judicial resources, and the risk of conflicting 

rulings; 

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JOINT STIPULATION AND [PROPOSED] ORDER

CASE NO. 09 CV 6102 WHA 3

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WHEREAS the parties have met and conferred and agree that this action should be stayed 

pending a decision by the Panel regarding the MDL Motion;

WHEREAS on February 9, 2010, Magistrate Judge Spero entered an order staying this 

action pending a decision by the Panel;

WHEREAS this case was subsequently reassigned to Judge William H. Alsup;

WHEREAS the parties’ joint case management conference statement is currently due on 

April 1, 2010; and

WHEREAS an Initial Case Management Conference is currently scheduled for April 8, 

2010 at 11:00 a.m.

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JOINT STIPULATION AND [PROPOSED] ORDER

CASE NO. 09 CV 6102 WHA 4

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NOW, THEREFORE, the parties hereby stipulate and request that the Court enter an order 

that: 1) this action is stayed pending a decision by the Panel; 2) all filing deadlines and all 

hearing and conference dates are VACATED; and 3) the parties shall notify the Court of the 

Panel’s decision within 10 days of the decision. Dated: March 22, 2010 NEWMAN & NEWMAN, ATTORNEYS AT LAW, 

LLP

By: /s/ John Du Wors John Du Wors

Derek A. Newman

Derek Linke

505 Fifth Avenue South, Suite 610

Seattle, Washington 98104

Telephone: 206.274.2800

Attorneys for Plaintiff 

Dated: March 22, 2010 MORRISON & FOERSTER LLP

By: /s/ Tiffany Cheung

Dan Marmalefsky

Morrison & Foerster LLP

555 West Fifth Street

Los Angeles, California 90013-1024

Telephone: 213.892.5200

Penelope A. Preovolos

Tiffany Cheung

Morrison & Foerster LLP

425 Market Street

San Francisco, California 94105-2482

Telephone: 415.268.7000

Attorneys for Defendant Cellco Partnership d/b/a 

Verizon Wireless

IT IS SO ORDERED.

DATED: By: 

Judge William Alsup

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JOINT STIPULATION AND [PROPOSED] ORDER

CASE NO. 09 CV 6102 WHA 5

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GENERAL ORDER 45 ATTESTATION

I, Tiffany Cheung, am the ECF user whose ID and password are being used to file this 

Joint Stipulation and [Proposed] Order. In compliance with General Order 45, I hereby attest that 

John DuWors of Newman & Newman, Attorneys at Law, LLP. has concurred in this filing.

MORRISON & FOERSTER LLP

By: /s/ Tiffany Cheung

Tiffany Cheung

Attorneys for Defendant

CELLCO PARTNERSHIP d/b/a

VERIZON WIRELESS

ORDER

1. This action is stayed pending a decision by the panel; 

2. The parties shall notify the Court of the Panel's decision within ten days of the 

 decision; 

3. The case management conference is CONTINUED to July 8, 2010, at 11:00 a.m. 

 Please file a joint case management statement at least seven days prior. The Court hereby orders: Dated: March 24, 2010.

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

AS MODIFIED

Judge William Alsup

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