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Robert Kleer, Individually and On Behalf of All Others Similarly Situated v. Carrier Iq

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


December 29, 2011

ROBERT KLEER, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,
PLAINTIFF,
v.
CARRIER IQ, ET AL.,
DEFENDANTS.

ROBBINS GELLER RUDMAN & DOWD LLP S DIST SHAWN A. WILLIAMS (213113) TE RI A CT Post Montgomery Center S T C One Montgomery Street, Suite 1800 U San Francisco, CA 94104 R Telephone: 415/288-4545 I 415/288-4534 (fax) N IT IS SO ORDERED shawnw@rgrdlaw.com U A FRANK J. JANECEK, JR. (156306) N Howard R. Lloyd R CHRISTOPHER COLLINS (189093) O Judge O 655 West Broadway, Suite 1900 R I San Diego, CA 92101 T Telephone: 619/231-1058 E R C 619/231-7423 (fax) N F frankj@rgrdlaw.com STRICT chrisc@rgrdlaw.com 10 Attorneys for Plaintiff 11 [Additional counsel appear on signature page.] 12

In support of this Stipulation, Robert Kleer ("Plaintiff" or "Kleer" and Carrier IQ, Inc. ("Defendant" or "Carrier IQ") or (collectively, the "Parties"), state as follows:3

other laws by the Defendant in this case; 6

throughout the United States by plaintiffs purporting to bring class actions on behalf of cellular 8 telephone and other device users on whose devices software made by defendant Carrier IQ is or has 9 been embedded (collectively, including the above-captioned matter, the "CIQ cases"); 10

WHEREAS, a motion is pending before the Judicial Panel on Multidistrict Litigation to transfer the CIQ cases to this jurisdiction for coordinated and consolidated pretrial proceedings 12 pursuant to 28 U.S.C. Sec. 1407, and responses to the motion supporting coordination or 13 consolidation have been filed;

WHEREAS, in light of the pending MDL Motion and to facilitate an orderly schedule for responding to the pleadings in the CIQ cases, the Parties have agreed that the deadline for Carrier IQ 16 to answer, move, or otherwise respond to the Complaint shall be extended until 45 days after the 17

Judicial Panel on Multidistrict Litigation issues an order deciding the MDL Motion, or as otherwise 18 ordered by the MDL transferee court if the MDL Motion is granted; provided, however, that in the 19 event that Carrier IQ shall respond on an earlier response date in any of the CIQ cases, Carrier IQ 20 shall respond to the Kleer Complaint on that earlier date; 21

WHEREAS this Stipulation does not constitute a waiver by Carrier IQ of any defense,

22 including but not limited to the defenses of lack of personal jurisdiction, subject matter jurisdiction, 23 improper venue, sufficiency of process or service of process; 24

WHEREAS, the Parties agree that that preservation of evidence in the CIQ cases is vital, that defendant has received litigation hold letters, that they are complying with and will continue to 26 comply with all of their evidence preservation obligations under governing law, and that the delay 27 brought about by this Stipulation shall not result in the loss of any evidence; 28

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

WHEREAS the above-referenced Plaintiff alleges violations of the Federal Wiretap Act and

WHEREAS over 50 other complaints have been filed to-date in federal district courts

NOW THEREFORE, Kleer and Carrier IQ, by and through their respective counsel of record,

2 hereby stipulate as follows: 3

1. The deadline for Carrier IQ to answer, move, or otherwise respond to the Complaint

4 in the above-captioned case shall be extended until 45 days after the Judicial Panel on Multidistrict 5

Litigation issues an order deciding the MDL Motion, or as otherwise ordered by the MDL transferee 6 court if the MDL Motion is granted; provided, that in the event that Carrier IQ shall respond on an 7 earlier response date in any of the MDL Cases, Carrier IQ shall respond to the Kleer Complaint on 8 that earlier date. 9

2. In the event that Carrier IQ provides documents or information to any plaintiff in any

10 of the MDL cases or any of the various actions filed in the many Districts throughout the United 11

States, Carrier IQ will provide those documents or information to Kleer at the same time and in the 12 same format. 13

3. As a further condition of entry into this Stipulation, Defendant agrees that they are

14 complying with and will continue to comply with all evidentiary preservation obligations under 15 governing law. 16

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

17 joining the Stipulation of any defense, including but not limited to the defenses of lack of personal 18 jurisdiction, subject matter jurisdiction, improper venue, sufficiency of process, or service of 19 process. 20

IT IS SO STIPULATED.

CERTIFICATE OF SERVICE

I hereby certify that on December 29, 2011, I authorized the electronic filing of the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to 4 the e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I 5 caused to be mailed the foregoing document or paper via the United States Postal Service to the non-6

CM/ECF participants indicated on the attached Manual Notice List.

I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on December 29, 2011.

CHRISTOPHER COLLINS CHRISTOPHER COLLINS ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101-3301 Telephone: 619/231-1058 619/231-7423 (fax) E-mail:ChrisC@rgrdlaw.com

20111229

© 1992-2012 VersusLaw Inc.



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