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

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 ...


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