UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
December 21, 2011
PATRICK KENNY, AN ARIZONA RESIDENT,
JUSTIN SHARP, A CALIFORNIA RESIDENT, JEREMY FEITELSON, AN IOWA RESIDENT, AND GREG
FEITELSON, A KENTUCKY RESIDENT, ON BEHALF OF
THEMSELVES AND ALL OTHERS SIMILARLY SITUATED,
CARRIER IQ, A DELAWARE CORPORATION; HTC
CORPORATION, A TAIWANESE COMPANY; HTC AMERICA, INC., A WASHINGTON CORPORATION; AND
SAMSUNG ELECTRONICS CO., LTD., A KOREAN COMPANY, DEFENDANTS.
The opinion of the court was delivered by: Honorable Edward J. Davila United States District Judge
RODGER R. COLE (CSB No. 178865) firstname.lastname@example.org 2 MOLLY R. MELCHER (CSB No. 272950) email@example.com 3 FENWICK & WEST LLP Silicon Valley Center 4 801 California Street Mountain View, CA 94041 5 Telephone: 650.988.8500 Facsimile: 650.938.5200 6 TYLER G. NEWBY (CSB No. 205790) 7 firstname.lastname@example.org 555 California Street, 12th Floor 8 San Francisco, CA 94104 Telephone: 415.875.2300 9 Facsimile: 415.281.1350 10 Attorneys for Defendant Carrier IQ, Inc. 11
STIPULATION RE CONTINUANCE OF TIME FOR DEFENDANT TO RESPOND TO COMPLAINT AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT
WHEREAS the above-referenced plaintiffs filed the above-captioned case;
WHEREAS the above-referenced plaintiffs allege violations of the Federal Wiretap Act and other laws by the defendants in this case; 2 throughout the United States by plaintiffs purporting to bring class actions on behalf of cellular 3 telephone and other device users on whose devices software made by defendant Carrier IQ, Inc. is 4 or has been embedded (collectively, including the above-captioned matter, the "CIQ cases"); 6 transfer the CIQ cases to this jurisdiction for coordinated and consolidated pretrial proceedings 7 pursuant to 28 U.S.C. Sec. 1407, responses to the motion supporting coordination or 8 consolidation have been filed, and plaintiffs and defendants anticipate that additional responses 9 will be filed; 11 complaints in the CIQ cases; any response to the pleadings in the CIQ cases would be more efficient for the parties and for the Court;
WHEREAS over 50 other complaints have been filed to-date in federal district courts
WHEREAS, a motion is pending before the Judicial Panel on Multidistrict Litigation to
WHEREAS plaintiffs anticipate the possibility of one or more consolidated amended
WHEREAS plaintiffs and defendant Carrier IQ have agreed that an orderly schedule for otherwise respond to their complaint shall be extended until the earliest of the following dates: (1) 17 forty-five days after the filing of a consolidated amended complaint in the CIQ cases; or (2) forty-18 five days after plaintiffs provide written notice to defendants that plaintiffs do not intend to file a 19 consolidated amended complaint; or (3) as otherwise ordered by this Court or the MDL transferee 20 court; provided, however, that in the event that Carrier IQ should agree to an earlier response date 21 in any of these cases, Carrier IQ will respond to the complaint in the above-captioned action on 22 that earlier date; 23 24 stipulation with counsel for plaintiffs, to all named defendants who notify plaintiffs in writing of 25 their intention to join this Stipulation; 26 27 including but not limited to the defenses of lack of personal jurisdiction, subject matter 28 jurisdiction, improper venue, sufficiency of process or service of process;
WHEREAS plaintiffs agree that the deadline for defendant Carrier IQ to answer, move, or
WHEREAS plaintiffs further agree that this extension is available, without further
WHEREAS this Stipulation does not constitute a waiver by Carrier IQ of any defense, 2 not constitute a waiver of any defense, including but not limited to the defenses of lack of 3 personal jurisdiction, subject matter jurisdiction, improper venue, sufficiency of process, or 4 service of process; and 5 Stipulation, agree that preservation of evidence in the CIQ cases is vital, that defendants have 7 received litigation hold letters, that they are complying with and will continue to comply with all 8 of their evidence preservation obligations under governing law, and that that the delay brought 9 about by this Stipulation should not result in the loss of any evidence, 11 and defendant Carrier IQ, by and through their respective counsel of record, hereby stipulate as 12 follows:
1. The deadline for Carrier IQ to answer, move, or otherwise respond to plaintiffs' complaint shall be extended until the earliest of the following dates: forty-five days after the filing of a consolidated amended complaint in these cases; or forty-five days after plaintiffs provide written notice to defendant Carrier IQ that plaintiffs do not intend to file a Consolidated Amended
WHEREAS, with respect to any defendant joining the Stipulation, this Stipulation does WHEREAS, plaintiffs and defendant Carrier IQ, as well as any defendant joining this Now, therefore, pursuant to Civil Local Rule 7-12, plaintiffs in the above-referenced case Complaint; or as otherwise ordered by this Court or the MDL transferee court; provided, 18 however, that in the event that Carrier IQ should agree to an earlier response date in any of these 19 cases, except by court order, Carrier IQ will respond to the complaint in the above-captioned case 20 on that earlier date. 21
2. This extension is available, without further stipulation with counsel for plaintiffs, 22 to all named defendants who notify plaintiffs in writing of their intention to join this Stipulation;
3. This Stipulation does not constitute a waiver by Carrier IQ or any other named 24 defendant joining the Stipulation of any defense, including but not limited to the defenses of lack 25 of personal jurisdiction, subject matter jurisdiction, improper venue, sufficiency of process, or 26 service of process.
4. As a condition of entry into this Stipulation, defendant Carrier IQ and any other 2 defendant(s) joining this Stipulation, and the plaintiffs, agree that they are complying with and 3 will continue to comply with all evidentiary preservation obligations under governing law. 4
IT IS SO STIPULATED.
Pursuant to stipulation, it is SO ORDERED.
I, Tyler G. Newby, am the ECF User whose identification and password are being 3 used to file this STIPULATION AND [PROPOSED] ORDER RE: CONTINUANCE OF 4 TIME FOR DEFENDANT TO RESPOND TO COMPLAINT. In compliance with General Order 45.X.B, I hereby attest that Robert Lopez has concurred in this filing. 6
DATED: December 19, 2011 By /s/ Tyler G. Newby TYLER G. NEWBY (CSB No. 205790) FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Ph: (415) 875-2300 Fax: (415) 281-1350 email@example.com
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