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Michael Rura, On Behalf of Himself and All Others Similarly Situated v. Netflix

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


March 28, 2011

MICHAEL RURA, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED,
PLAINTIFF,
v.
NETFLIX, INC.,
DEFENDANT,

KEITH E. EGGLETON, State Bar No. 159842 Email: keggleton@wsgr.com RODNEY G. STRICKLAND, State Bar No. 161934 Email: rstrickland@wsgr.com DALE BISH, State Bar No. 235390 Email: dbish@wsgr.com 4 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 6 Telephone: (650) 493-9300 Facsimile: (650) 565-5100 7 Attorneys for Defendant 8 NETFLIX, INC.

STIPULATION AND [PROPOSED] ORDER REGARDING DEFENDANT'S RESPONSE TO THE COMPLAINT DUE TO PENDING MOTION TO CONSOLIDATE

complaint against Netflix, Inc. ("Netflix") alleging violations of the Video Privacy Protection

WHEREAS, in addition to this action, to date, four additional class action complaints have been filed in this judicial district that contain substantially similar allegations and causes of 6 action, and that seek the same relief as this action, specifically Milans v. Netflix, Inc., Case No. "Bernal Action"); Comstock v. Netflix, Inc., Case No. 11-CV-1218 HRL (the "Comstock

WHEREAS, on March 11, 2011, Plaintiff filed an administrative motion for an order relating the above-captioned action with the Milans Action; motion in the Milans Action for an order (1) consolidating this action with the Bernal Action and 14 the Milans Action; and (2) appointing Bursor & Fisher, P.A. and Faruqi & Faruqi, LLP as "Consolidation Motion"); before April 1, 2011;

WHEREAS, on March 8, 2011, Plaintiff Michael Rura ("Plaintiff") filed a class action Act ("VPPA") and other claims arising from Netflix's alleged data retention practices;

11-CV-0379 JF (the "Milans Action"); Bernal v. Netflix, Inc., Case No. 11-CV-00820 PSG (the Action"); and Sevy v. Netflix, Inc., Case No. 11-CV-01309 PSG;

WHEREAS, on March 11, 2011, plaintiffs in this action and the Bernal Action filed a Interim Lead Co-Class Counsel, which motion is currently set to be heard on May 6, 2011 (the 16

WHEREAS, Netflix's response to the complaint in this action is currently due on or

WHEREAS, Netflix has requested, and plaintiffs in each of the actions referenced herein have agreed to, an extension of time for Netflix to respond to the complaint pending resolution of the Consolidation Motion. NOW THEREFORE, IT IS HEREBY STIPULATED that:

1. Netflix shall respond to the complaint within 30 days after the cases are consolidated and a consolidated complaint is filed, or, in the event that the Court denies the 4 pending Consolidation Motion, within 30 days of the issuance of such order.

2. This stipulation is without prejudice to the rights, claims, or defenses of any party, and shall not be used by Netflix as evidence of, or to support any argument that, Plaintiff has not 7 timely pursued his claims or has not been diligent.

Netflix shall respond to the complaint no later than 30 days after the cases are consolidated and a consolidated complaint is filed, or, in the event that the Court denies the 4 pending Consolidation Motion, within 30 days of the issuance of such order. 5

PURSUANT TO STIPULATION, IT IS SO ORDERED.

UNITED STATES DISTRICT JUDGE

I, Rodney G. Strickland, Jr., am the ECF User whose identification and password are being used to file the Stipulation And [Proposed] Order Regarding Defendant's Response to the 3 Complaint. I hereby attest Vahn Alexander has concurred in this filing. 4

20110328

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