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Rowena Silvera and andrew v. Carrier Iq

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


December 29, 2011

ROWENA SILVERA AND ANDREW
SANDERS, INDIVIDUALLY, AND ON BEHALF OF ALL SIMILARLY SITUATED PERSONS,
SAMSUNG ELECTRONICS AMERICA, INC. PLAINTIFFS,
v.
CARRIER IQ, INC., SAMSUNG ELECTRONICS AMERICA, INC., HTC AMERICA INC., AT&T, INC., SPRINT COMMUNICATIONS COMPAN Y, L.P., JOHN DOE MANUFACTURERS (1-10), JOHN DOE CARRIERS (1-10),
DEFENDANTS.

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

STEVEN J. SKIKOS (SBN 148110) sskikos@skikoscrawford.com 2 MARK G. CRAWFORD (SBN 136501) mcrawford@skikoscrawford.com 3 SKIKOS, CRAWFORD, SKIKOS & JOSEPH LLP 4 625 Market Street, 11th Floor San Francisco, CA 94105 5 Telephone: (415) 546-7300 Facsimile: (415) 546-7301 6 Attorneys for Plaintiffs 7 LANCE A. ETCHEVERRY (SBN 199916) 8 lance.etcheverry@skadden.com SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 9 300 S. Grand Avenue, Suite 3400 Los Angeles, California 90071-3144 Telephone: (213) 687-5000 Facsimile: (213) 687-5600 11 Attorneys for Defendant 12 SAMSUNG ELECTRONICS AMERICA, INC. 13

Additional counsel listed on signature page 14

STIPULATION RE: EXTENSION OF TIME FOR DEFENDANT TO RESPOND TO COMPLAINT AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT

3 other laws by the defendants in this case; 4

5 throughout the United States by plaintiffs purporting to bring class actions on behalf of cellular 6 telephone and other device users on whose devices software made by defendant Carrier IQ, Inc. is 7 or has been embedded (collectively, including the above-captioned matter, the "CIQ cases"); 8

9 transfer the CIQ cases to this jurisdiction for coordinated and consolidated pretrial proceedings 10 pursuant to 28 U.S.C. Sec. 1407, responses to the motion supporting coordination or consolidation 11 have been filed, and plaintiffs and defendants anticipate that additional responses will be filed; 12

13 complaints in the CIQ cases; 14

15 an orderly schedule for any response to the pleadings in the CIQ cases would be more efficient for 16 the parties and for the Court;

WHEREAS the above-referenced plaintiffs filed the above-captioned case;

WHEREAS the above-referenced plaintiffs allege violations of the Federal Wiretap Act and

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 Samsung Electronics America, Inc. have agreed that

WHEREAS plaintiffs agree that the deadline for defendant Samsung Electronics America, Inc. to answer, move, or otherwise respond to their complaint shall be extended until the earliest of 19 the following dates: (1) forty-five days after the filing of a consolidated amended complaint in the 20 CIQ cases; or (2) forty-five days after plaintiffs provide written notice to defendants that plaintiffs 21 do not intend to file a consolidated amended complaint; or (3) as otherwise ordered by this Court or 22 the MDL transferee court; provided, however, that in the event that Samsung Electronics America, 23 Inc. should agree to an earlier response date in any of these cases, Samsung Electronics America, 24 Inc. will respond to the complaint in the above-captioned action on that earlier date; 25

WHEREAS this Stipulation does not constitute a waiver by Samsung Electronics America,

Inc. of any defense, including but not limited to the defenses of lack of personal jurisdiction, 27 subject-matter jurisdiction, improper venue, sufficiency of process or service of process; 28

2 for a preliminary injunction, of file a motion for expedited discovery or any other pre-answer 3 motion against Samsung Electronics America, Inc. or any other defendant and Samsung 4

Electronics America, Inc. agrees that this Stipulation shall not be the basis for objection to said 5 motions; and 6

WHEREAS, this Stipulation does not constitute a waiver by plaintiffs of the right to move

WHEREAS, this Stipulation does not constitute a waiver by Samsung Electronics America,

Inc. of any defense or objection to any motion for a preliminary injunction, motion for expedited 8 discovery or any other pre-answer motion filed by plaintiffs, including but not limited to moving to 9 stay the action; and 10

11 complying with and will continue to comply with all of their evidence preservation obligations 12 under governing law, and that the delay brought about by this Stipulation should not result in the 13 loss of any evidence. 14

15 case and defendant Samsung Electronics America, Inc., by and through their respective counsel of 16 record, hereby stipulate as follows: 17

WHEREAS, plaintiffs and defendant Samsung Electronics America, Inc, agree that they are

NOW, THEREFORE, pursuant to Civil Local Rule 7-12, plaintiffs in the above referenced

1. The deadline for Samsung Electronics America, Inc. to answer, move, or otherwise respond to plaintiffs' complaint shall be extended until the earliest of the following dates: (i) forty-five days after the filing of a consolidated amended complaint in these cases; or (ii) forty-five days after plaintiffs provide written notice to defendant Samsung Electronics America, Inc. that plaintiffs do not intend to file a Consolidated Amended Complaint; or (iii) as otherwise ordered by this Court or the MDL transferee court; provided, however, that in the event that Samsung Electronics America, Inc. should agree to an earlier response date in any of these cases, except by court order, Samsung Electronics America, Inc. will respond to the complaint in the above-captioned case on that earlier date.

2. This Stipulation does not constitute a waiver by Samsung Electronics America, Inc. of any defense, including but not limited to the defenses of lack of personal jurisdiction, subject matter jurisdiction, improper venue, sufficiency of process, or service of process.

3. As a condition of entry into this Stipulation, defendant Samsung Electronics America, Inc. and the plaintiffs, agree that they are complying with and will continue to comply with all evidentiary preservation obligations under governing law.

IT IS SO STIPULATED.

[PROPOSED] ORDER

Pursuant to stipulation, and for "good cause" shown, it is SO ORDERED.

20111229

© 1992-2011 VersusLaw Inc.



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