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Rick Woods, Individually and On Behalf of Others Similarly Situated v. Google Inc

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


August 11, 2011

RICK WOODS, INDIVIDUALLY AND ON BEHALF OF OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
GOOGLE INC.,
DEFENDANT.

The opinion of the court was delivered by: Judge Jeremy D. Fogel

JOINT STIPULATIONAND--[PROPOSED] ORDER TEMPORARILY STAYING DISCOVERY

The parties jointly enter into the following stipulation:

1. On June 24, 2011, Defendant Google Inc. ("Google") filed its Motion forTemporary Stay of Discovery (the "Motion"). Dkt. No. 51. In the Motion, Google 22 requested that the Court temporarily "stay discovery pending resolution of the pleadings in 23 this case." See Motion at 9. The Motion is calendared for a hearing on August 12, 2011. 24

2. In a hearing on July 8, 2011, the Court asked that Woods "wait until [he] g[o]t an indication from [the Court] before starting discovery," and further instructed Woods not to "pursue any discovery until [the Court] ha[d] an opportunity to consider [Google's Motion for a Temporary Stay of Discovery]." 7/8/11 Transcript of Proceedings 28 at 29-30. To date, Plaintiff Woods ("Woods") has not sought any discovery from Google.

discovery from the other in this action unless and until the Court finds by written order that 5 at least one claim has been adequately pled against Google.

prejudice.

MAYER BROWN LLP 9 Edward D. Johnson Donald M. Falk John M. Neukom Hamsa M. Murthy Attorneys for Defendant Google Inc.

3. On August 10, 2011, the Court entered an order dismissing Woods'

4. Given the Dismissal Order, the parties hereby agree not to seek any

5. Based on this stipulation, Google agrees to withdraw its Motion without Edward D. Johnson

Dated: August 11, 2011

NIX, PATTERSON & ROACH, LLP 14 Jeffrey J. Angelovich Brad E. Seidel /s/ Brad E. Seidel KESSLER TOPAZ MELTZER & CHECK, LLP Ramzi Abadou Stacey M. Kaplan Erik D. Peterson Sean M. Handler Joseph H. Meltzer Peter H. LeVan, Jr. Naumon A. Amjed Ryan T. Degnan Counsel for Plaintiff and the Proposed Class I attest that concurrence in the filing of this document has been obtained from Brad E. Seidel for Plaintiff. By: /s/ Edward D. Johnson JOINT STIPULATION AND [PROPOSED] ORDER TEMPORARILY STAYING DISCOVERY; Pursuant to the foregoing stipulation, it is hereby ORDERED that discovery in this 3 action is stayed until the Court finds by written order that at least one claim has been 4 adequately pled against Google.

20110811

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