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JOINT STIPULATION AND [PROPOSED] ORDER

CASE NO. 09 CV 6102 JCS 1

sf-2798916

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 JCS

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 

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JOINT STIPULATION AND [PROPOSED] ORDER

CASE NO. 09 CV 6102 JCS 2

sf-2798916

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 remains pending before the Panel; 

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; and

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.

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 deadlines are VACATED; and 

3) the parties shall notify the Court of the Panel’s decision within 10 days of the decision.

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JOINT STIPULATION AND [PROPOSED] ORDER

CASE NO. 09 CV 6102 JCS 3

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Dated: February 5, 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: February 5, 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: 

Magistrate Judge Joseph C. Spero

Case3:09-cv-06102-JCS Document7 Filed02/05/10 Page3 of 4

02/8/10

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

Judge Joseph C. Spero

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JOINT STIPULATION AND [PROPOSED] ORDER

CASE NO. 09 CV 6102 JCS 4

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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 

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

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