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Jennifer Sue Patrick, An Individual and v. Carrier Iq

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


December 28, 2011

JENNIFER SUE PATRICK, AN INDIVIDUAL AND
SCOTT LEWIS, AN INDIVIDUAL ON BEHALF OF THEMSELVES AND FOR THE BENEFIT OF ALL WITH THE
COMMON OR GENERAL INTEREST, ANY PERSONS
INJURED, AND ALL OTHERS SIMILARLY SITUATED,
PLAINTIFFS,
v.
CARRIER IQ, INC., A DELAWARE CORPORATION AND
DOES 1 TO 100, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Honorable Edward J. Davila United States District Judge

RODGER R. COLE (CSB No. 178865) rcole@fenwick.com 2 MOLLY R. MELCHER (CSB No. 272950) mmelcher@fenwick.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 tnewby@fenwick.com 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;

WHEREAS over 50 other complaints have been filed to-date in federal district courts throughout the United States by plaintiffs purporting to bring class actions on behalf of cellular telephone and other device users on whose devices software made by defendant Carrier IQ, Inc. is 2 or has been embedded (collectively, including the above-captioned matter, the "CIQ cases"); 3 4 transfer the CIQ cases to this jurisdiction for coordinated and consolidated pretrial proceedings 5 pursuant to 28 U.S.C. Sec. 1407, responses to the motion supporting coordination or 6 consolidation have been filed, and plaintiffs and defendants anticipate that additional responses 7 will be filed; 8 9 complaints in the CIQ cases; 10 11 any response to the pleadings in the CIQ cases would be more efficient for the parties and for the 12

WHEREAS plaintiffs agree that the deadline for defendant Carrier IQ to answer, move, or otherwise respond to their complaint shall be extended until the earliest of the following dates: (1) forty-five days after the filing of a consolidated amended complaint in the CIQ cases; or (2) forty- five days after plaintiffs provide written notice to defendants that plaintiffs do not intend to file a 17 consolidated amended complaint; or (3) as otherwise ordered by this Court or the MDL transferee 18 court; provided, however, that in the event that Carrier IQ should agree to an earlier response date 19 or if otherwise required to respond at an earlier date in any of these cases, Carrier IQ will respond 20 to the complaint in the above-captioned action on that earlier date; 21 22 stipulation with counsel for plaintiffs, to all named defendants who notify plaintiffs in writing of 23 their intention to join this Stipulation; 24

25 including but not limited to the defenses of lack of personal jurisdiction, subject matter 26 jurisdiction, improper venue, sufficiency of process or service of process; 27

28 not constitute a waiver of any defense, including but not limited to the defenses of lack of

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 Court;

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,

WHEREAS, with respect to any defendant joining the Stipulation, this Stipulation does personal jurisdiction, subject matter jurisdiction, improper venue, sufficiency of process, or 2 service of process; and 3 Stipulation, agree that preservation of evidence in the CIQ cases is vital, that defendants have 5 received litigation hold letters, that they are complying with and will continue to comply with all 6 of their evidence preservation obligations under governing law, and that that the delay brought 7 about by this Stipulation should not result in the loss of any evidence, 8

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 9 and defendant Carrier IQ, by and through their respective counsel of record, hereby stipulate as 10 follows: 11

12 complaint shall be extended until the earliest of the following dates: forty-five days after the filing after plaintiffs provide

written notice to defendant Carrier IQ that plaintiffs do not intend to file a Consolidated Amended

Complaint; or as otherwise ordered by this Court or the MDL transferee court; provided,

however, that in the event that Carrier IQ should agree to an earlier response date or if otherwise 17 required to respond at an earlier date in any of these cases, except by court order specifying a 18 different sequence of responsive pleading, Carrier IQ will respond to the complaint in the above-19 captioned case on that earlier date. 20

2. This extension is available, without further stipulation with counsel for plaintiffs,

21 to all named defendants who notify plaintiffs in writing of their intention to join this Stipulation; 22

3. This Stipulation does not constitute a waiver by Carrier IQ or any other named

23 defendant joining the Stipulation of any defense, including but not limited to the defenses of lack 24 of personal jurisdiction, subject matter jurisdiction, improper venue, sufficiency of process, or 25 service of process. 26

27 defendant(s) joining this Stipulation, and the plaintiffs, agree that they are complying with and 28 will continue to comply with all evidentiary preservation obligations under governing law.

1. The deadline for Carrier IQ to answer, move, or otherwise respond to plaintiffs' of a consolidated amended complaint in these cases; or forty-five days

4. As a condition of entry into this Stipulation, defendant Carrier IQ and any other

IT IS SO STIPULATED.

[PROPOSED] ORDER

Pursuant to stipulation, it is SO ORDERED.

CERTIFICATION

I, Tyler G. Newby, am the ECF User whose identification and password are being used to file this . In compliance with General Order 45.X.B, I hereby attest that Ira Rothken has concurred in this filing. 6

DATED: December 23, 2011 By /s/ Tyler G. Newby 7 TYLER G. NEWBY (CSB No. 205790) 8 FENWICK & WEST LLP 555 California Street, 12th Floor 9 San Francisco, CA 94104 Ph: (415) 875-2300 10 Fax: (415) 281-1350 tnewby@fenwick.com

20111228

© 1992-2011 VersusLaw Inc.



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