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

January 20, 2012

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



ROBBINS GELLER RUDMAN & DOWD LLP I 2 S S SHAWN A. WILLIAMS (213113) E D T T RIC Post Montgomery Center T One Montgomery Street, Suite 1800 S O San Francisco, CA 94104 E T T 415/288-4534 (fax) N IS ORDERED Telephone: 415/288-4545 I IT SO shawnw@rgrdlaw.com U A -- and -- I Howard R. Lloyd R CHRISTOPHER COLLINS (189093) O Judge O 7 655 West Broadway, Suite 1900 R I 6 FRANK J. JANECEK, JR. (156306) N N San Diego, CA 92101 T 8 F H L Telephone: 619/231-1058 619/231-7423 (fax) R F C E A frankj@rgrdlaw.com DIS T O N 9 TRIC chrisc@rgrdlaw.com 10 Attorneys for Plaintiff 11 [Additional counsel appear on signature page.] 12

STIPULATION

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

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

WHEREAS the above-referenced Plaintiff alleges violations of the Federal Wiretap Act and 5 other laws by the Defendant in this case; 6

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 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; 14

WHEREAS, in light of the pending MDL Motion and to facilitate an orderly schedule for 15 responding to the pleadings in the CIQ cases, the Parties have agreed that the deadline for HTC 16

America, Inc. to answer, move, or otherwise respond to the Complaint shall be extended until 45 17 days after the Judicial Panel on Multidistrict Litigation issues an order deciding the MDL Motion, or 18 as otherwise ordered by the MDL transferee court if the MDL Motion is granted; provided, however, 19 that in the event that HTC America, Inc. shall respond on an earlier response date in any of the CIQ 20 cases, HTC America, Inc. shall respond to the Kleer Complaint on that earlier date; 21

WHEREAS this Stipulation does not constitute a waiver by HTC America, Inc. of any 22 defense, including but not limited to the defenses of lack of personal jurisdiction, subject matter 23 jurisdiction, 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;

NOW THEREFORE, Kleer and HTC America, Inc., by and through their respective counsel 2 of record, hereby stipulate as follows: 3

1. The deadline for HTC America, Inc. to answer, move, or otherwise respond to the Complaint in the above-captioned case shall be extended until 45 days after the Judicial Panel on 5 Multidistrict Litigation issues an order deciding the MDL Motion, or as otherwise ordered by the 6 MDL transferee court if the MDL Motion is granted; provided, that in the event that HTC America, 7 Inc. shall respond on an earlier response date in any of the MDL Cases, HTC America, Inc. shall 8 respond to the Kleer Complaint on that earlier date. 9

2. In the event that HTC America, Inc. provides documents or information to any 10 plaintiff in any of the MDL cases or any of the various actions filed in the many Districts throughout 11 the United States, HTC America, Inc. will provide those documents or information to Kleer at the 12 same time and in the 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 ...


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