The opinion of the court was delivered by: Honorable Edward M. R United States District Court Judge
WHEREAS, on May 6, 2011, Plaintiffs, Quentin Reaves, Danielle Bogan and Robert Mayo ("Plaintiffs") filed a class action complaint against Sony Computer Entertainment America LLC 3 and Sony Network Entertainment International LLC ("Defendants") (collectively, the "Parties"); WHEREAS, Defendants, as well as certain related entities (collectively, the "Sony Defendants"), have been named as defendants in at least 61 related class action lawsuits, including 6 this action, pending in district courts throughout the United States; WHEREAS, a motion pursuant to 28 U.S.C. §1407 is currently pending before the Judicial Panel on Multidistrict Litigation (the "Panel") to centralize this action and the other referenced matters. A hearing on the motion for centralization in In Re: Sony Gaming Networks and 28, 2011, in San Francisco, California; hearing, such that any stay of proceedings in this case is expected to be limited in duration. The parties will promptly advise the Court regarding the Panel's resolution of the motion to centralize the related matters;
Customer Data Security Breach Litigation (MDL No. 2258) is scheduled before the Panel on July WHEREAS, a ruling is expected from the Panel within a short period of time after the WHEREAS, based on the Court's May 6, 2011 Order Settling Initial Case Management Conference and ADR Deadlines, (Docket No. 3), there are several imminent deadlines in this case, 20 including July 27, 2011 to meet and confer pursuant to Rule 26(f) and to file an ADR Certification;
August 10, 2011 to file a Rule 26(f) Report; and August 17, 2011 for an Initial Case Management Conference; conferred by email, and agreed to a litigation stay, subject to approval of the Court. subject to approval of the Court, that all proceedings in this case are stayed pending the Judicial WHEREAS, on July 19, 2011, counsel for Plaintiffs and Defendants' counsel met and IT IS THEREFORE STIPULATED AND AGREED, by and between the undersigned, Panel on Multidistrict Litigation's ruling upon the motion to centralize the related matters and, if centralized, such further scheduling as may be set by the Court before which the related matters are 3 centralized. A stay of this action will not prejudice any of the parties and will conserve judicial 4 time and resources by avoiding duplicative litigation if the cases are ultimately centralized by the Panel.
Respectfully submitted, By the Plaintiffs, CHAVEZ & GERTLER LLP Gary Klein (to be admitted Pro Hac Vice) EAGAN, DONOHUE, VAN DYKE & Shennan Kavanagh (to be admitted Pro Hac FALSEY, LLP 23 Mark A. Chavez Mark A. Chavez (SBN 90858) 42 Miller Avenue Mill Valley, CA 94941 P: 415.381.5599 email@example.com Respectfully submitted, By the Defendants, Rocky C. Tsai Rocky C. Tsai (SBN 221452) Ropes & Gray LLP Three Embarcadero Center, Suite 300 San Francisco, CA 94111-4006 P: 415.315.6358 F: 415.315.6350 firstname.lastname@example.org Additional Counsel for Plaintiffs RODDY KLEIN & RYAN 22 Vice) Peter Van Dyke (to be admitted Pro Hac 24 727 Atlantic Avenue, 2nd Floor Vice) Boston, MA 02111 24 Arapahoe Road 25 P: 617.357.5500 West Hartford, CT 06107 F: 617.357.5030 P: 860.232.7200 26 email@example.com F: 860.232.0214 firstname.lastname@example.org email@example.com 27 28
The Court has reviewed the Parties' Joint Stipulation for Litigation Stay Pending the Resolution of the Judicial Panel on Multidistrict Litigation's decision on transfer. Good cause 4 appearing, the Court hereby enters the Parties' Stipulation. All proceedings in this case are 5 accordingly stayed pending the Judicial Panel on Multidistrict Litigation's decision on transfer.
The parties shall promptly advise the Court regarding the Panel's resolution of the motion to 7 centralize the related matters . The CMC set for 8/17/11 is reset for 1/27/12 at 9:00 a.m. A joint CMC statement shall be filed by 1/20/12.
S DIST T C Dated: 7/28 O ATE RICT S , 2011 E D U N ORDERED T Chen T U AS MODIFIED A IT IS SO I I N N Chen Edward M. R O Judge O R T I F H L E A R C N F DI STR CT O
I, Mark Chavez, am the ECF User whose ID and password are being used to file this JOINT STIPULATION AND [PROPOSED] ORDER FOR LITIGATION STAY PENDING THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION'S 5 DECISION ON TRANSFER.
In compliance with General Order 45, X.B., I hereby attest 6 that Rocky C. Tsai has concurred in this filing.