Wearv.Sprint Commc'ns Co.

UNITED STATES DISTRICT COURT DISTRICT OF NEVADAAug 2, 2012
Case No: 2:11-cv-00809-KJD-GWF (D. Nev. Aug. 2, 2012)

Case No: 2:11-cv-00809-KJD-GWF

08-02-2012

ELIZABETH WEAR and JOHN BUTCHER, and CARMEN WORSTELL, on behalf of themselves and all others similarly situated, Plaintiffs, v. SPRINT COMMUNICATIONS COMPANY, L.P., QWEST COMMUNICATIONS COMPANY, LLC; LEVEL 3 COMMUNICATIONS, LLC; and WILTEL COMMUNICATIONS, LLC, Defendants.

Christopher J. Koenigs, Esq. Michael B. Carroll, Esq. SHERMAN & HOWARD L.L.C. Attorneys for Defendant Qwest Communication Company, LLC (Lead Counsel) Matthew C. Addison, Esq., NSBN 4201 MCDONALD CARANO WILSON LLP Attorneys for Defendants Qwest Communications Company, LLC, Level 3 Communications, LLC, Sprint Communications Company, LP. and WilTel Communications, LLC (Local Counsel) Joseph E. Jones, Esq. FRASER STRYKER PC LLO Attorneys for Defendant Level 3 Communications, LLC and WilTel Communications, LLC (Lead Counsel) J. Emmett Logan, Esq. STINSON MORRISON HECKER LLP Attorneys for Defendant Sprint Communications Company L.P. (Lead Counsel)


Christopher J. Koenigs, Esq.


Michael B. Carroll, Esq.


SHERMAN & HOWARD L.L.C.


Attorneys for
Defendant


Qwest Communication Company, LLC


(Lead Counsel)


Matthew C. Addison, Esq., NSBN 4201


MCDONALD CARANO WILSON LLP


Attorneys for
Defendants


Qwest Communications Company, LLC,


Level 3 Communications, LLC,


Sprint Communications Company, LP.


and WilTel Communications, LLC


(Local Counsel)


Joseph E. Jones, Esq.


FRASER STRYKER PC LLO


Attorneys for Defendant


Level 3 Communications, LLC and


WilTel Communications, LLC


(Lead Counsel)


J. Emmett Logan, Esq.


STINSON MORRISON HECKER


LLP


Attorneys for
Defendant


Sprint Communications Company


L.P.
(Lead Counsel)


DEFENDANTS' UNOPPOSED MOTION FOR

ENLARGEMENT OF TIME TO RESPOND TO THE COMPLAINT

(SECOND REQUEST)

Pursuant to Federal Rule of Civil Procedure 6(b)(1)(A), defendants Sprint Communications Company L.P., Qwest Communications Company, L.L.C., Level 3 Communications, L.L.C., and WilTel Communications, L.L.C. (collectively "Defendants") hereby move the Court for an extension of time to respond to plaintiffs' Amended Class Action Complaint (the "Complaint") to and including October 31, 2012. In support of this motion, Defendants state:

1. Plaintiffs consent to the extension of time requested in this motion.

2. On May 1, 2012, defendants sought their initial extension of time, reporting that a number of class action lawsuits involving subject matter similar to this lawsuit (together with this action, the "Related Class Actions") are pending in courts around the country and that counsel for the various parties in the Related Class Actions (the "Parties") have reached agreement on the substantive terms of a settlement of the claims in the Related Class Actions, subject to: (a) finalizing settlement documentation, (b) obtaining final corporate approvals, and (c) implementing the procedural steps necessary to present proposed class action settlements to the multiple courts involved.

3. On May 2, 2012, the Court granted defendants an extension of time, to August 2, 2012, to respond to the Complaint.

4. Counsel for the parties now have obtained preliminary and final approval for five settlements and preliminary approval for twenty-four additional settlements in the Related Class Actions. Final approval hearings are scheduled in November and December, 2012 and January, 2013, for the twenty-four settlement agreements that have been preliminarily approved.

5. Counsel for the parties have been working with the Claims Administrator on mailed notice of those twenty-four settlements, which was made on July 31, 2012, on the publication of notice for those twenty-four settlements, which will occur in August, 2012, and on the construction of settlement websites and call centers, which will make information about the settlement agreements available to class members.

6. Counsel for the parties also continue to work diligently to document and finalize settlement agreements in the remaining states, including Nevada. They expect to file a motion for preliminary approval of a Nevada agreement prior to October 31, 2012.

7. Defendants request a 90 day extension of time within which to respond to the Complaint, i.e., an extension to and including October 31, 2012.

8. One previous extension of this deadline has been granted. No scheduling order has been entered in this action. The requested extension will not affect any other deadlines applicable in this case.

Wherefore, Defendants respectfully request entry of an order extending Defendants' deadline to respond to the Complaint by 90 days, i.e., to and including October 31, 2012.

MCDONALD CARANO WILSON LLP

By: _______________


Matthew C. Addison, NV Bar No. 4201


(Local Counsel)


Attorneys for Defendants


Qwest Communications Company, LLC,


Level 3 Communications, LLC,


Sprint Communications Company, LP.


And Wiltel Communications, LLC


IT IS SO ORDERED.

_______________


GEORGE FOLEY, JR.


United States Magistrate Judge


CERTIFICATE OF SERVICE

I hereby certify, under penalty of perjury, that I am an employee of McDonald Carano Wilson LLP and that pursuant to LR 5-3 I caused to be electronically filed on this date a true and correct copy of the DEFENDANTS' SECOND UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO THE COMPLAINT with the Clerk of the Court using the CM/ECF system, which will automatically e-serve the same on the attorney of record set forth below.

Steven E. Guinn


Sara K. Almo


LAXALT & NOMURA, LTD


9600 Gateway Drive


Reno, NV 89521-8953


Dan Millea


ZELLE, HOFFMAN, VOELBEL,


& MASON, LLP


500 Washington Ave. South, Ste. 4000


Minneapolis, MN 66415


Charles R. Watkins


John R. Wylie


DONALDSON & GUINN


300 South Wacker Drive, Suite 1700


Chicago, Illinois 60606


Mario P. Lovato


LOVATO LAW FIRM, P.C.


8670 W. Cheyenne Ave., Ste. 120


Las Vegas, NV 89129


William T. Gotfryd


Arthur T. Susman


SUSMAN HEFFNER & HURST LLP


Two First National Plaza


Chicago, IL 60603


_______________


Nancy A. Hoy