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Meghan Mollett and Tracy Hellwig v. Netflix

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


November 21, 2011

MEGHAN MOLLETT AND TRACY HELLWIG, INDIVIDUALLY, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED,
PLAINTIFFS,
v.
NETFLIX, INC., A DELAWARE CORPORATION, DEFENDANT,

The opinion of the court was delivered by: Hon. Paul S. Grewal Magistrate Judge

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 JESSICA L. SNORGRASS, State Bar No. 259962 Email: jsnorgrass@wsgr.com WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: (650) 493-9300 Facsimile: (650) 565-5100 Attorneys for Defendant NETFLIX, INC.

[ADDITIONAL COUNSEL ON SIGNATURE PAGE]

STIPULATION AND [PROPOSED] ORDER REQUIRING NOTIFICATION IN THE EVENT OF JUDGMENT OR SETTLEMENT OF IN RE NETFLIX PRIVACY LITIGATION

WHEREAS, plaintiffs believe that certain documents relating to this case and the 2 separate case captioned In re Netflix Privacy Litigation, Case No. 11-cv-00379-EJD (the "In re 3 Netflix Privacy Litigation" action) could be destroyed by defendant Netflix, Inc. ("Netflix") in 4 connection with a settlement or judgment in the In re Netflix Privacy Litigation action; 5

WHEREAS, during a conference with Magistrate Judge Paul S. Grewal on November 3, 2011, the Court declined to enter at that time the proposed evidence preservation order that 7 plaintiffs had submitted to the Court in connection with the Case Management Conference held 8 on October 28, 2011; and 9

WHEREAS, Netflix offered during the November 3, 2011, conference to notify plaintiffs 10 in the event that a settlement or judgment in the In re Netflix Privacy Litigation action could 11 result in the destruction of documents relevant or potentially relevant to this case so that, at that 12 time, the parties could discuss ways to ensure that documents relevant or potentially relevant to 13 this case are not destroyed or, alternatively, the plaintiffs could seek judicial intervention 14 regarding document preservation; 15

NOW THEREFORE, the parties, by and through their undersigned counsel, hereby 16 stipulate and agree that, in the event that a settlement or judgment in the In re Netflix Privacy 17 Litigation action could result in the destruction of documents relevant or potentially relevant to 18 this case, Netflix's counsel will notify plaintiffs' counsel within 48 hours of the filing of a 19 motion for preliminary approval of a settlement or a judgment that includes any document 20 destruction provisions, and at least 60 days before any documents are destroyed pursuant to such 21 a judgment or settlement. 22 23

[PROPOSED] ORDER

In the event that a settlement or judgment in the In re Netflix Privacy Litigation action 12 could result in the destruction of documents relevant or potentially relevant to this case, Netflix's 13 counsel will notify plaintiffs' counsel within 48 hours of the filing of a motion for preliminary 14 approval of a settlement or a judgment that includes any document destruction provisions, and at 15 least 60 days before any documents are destroyed pursuant to such a judgment or settlement. 16

IT IS SO ORDERED.

ECF CERTIFICATION

I, Rodney G. Strickland, Jr., am the ECF User whose identification and password are 3 being used to file this Stipulation and [Proposed] Order Requiring Notification in the Event of 4 Judgment or Settlement of In Re Netflix Privacy Litigation. I hereby attest that Rachele R. 5 Rickert has concurred in this filing.

Dated: November 16, 2011

WILSON SONSINI GOODRICH & ROSATI Professional Corporation 8 9 By: /s/ Rodney G. Strickland, Jr. 10 Rodney G. Strickland, Jr. 11 Attorneys for Defendant 12 NETFLIX, INC.

20111121

© 1992-2011 VersusLaw Inc.



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