IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
May 17, 2013
IN RE GOOGLE INC., ANDROID CONSUMER PRIVACY LITIGATION
The opinion of the court was delivered by: Jeffrey S. White United States District Judge
This Document Relates to STIPULATION AND [PROPOSED]
ALL CASES PAGE LIMIT AS MODIFIED HEREIN 22 TROY YUNCKER, EDGAR DURAN, ROBERT 23 HODSON, AND RALPH PETROSINO, Case No. 11 3113 JSW individually and on behalf of all others similarly 24 situated, ORDER RE: MODIFICATION OF Plaintiff, v. PANDORA MEDIA, INC., Defendant.
2 hereby stipulate to the following: 3
The parties in the above-entitled actions, by and through their respective attorneys,
WHEREAS, plaintiffs in the Android action have filed a Second Amended Class Action Complaint ("SAC") that alleges claims for relief against defendant Google acting in multiple 5 capacities; 6 7 pretrial proceedings by the Judicial Panel on Multidistrict Litigation; 8 9 separate claims for relief against defendant Pandora; 10 11 to the SACs filed in their respective actions, including any Motions to Dismiss, shall be filed on 12 or before May 30, 2013, that if Google and/or Pandora chooses to file a Motion to Dismiss, Pandora's Replies to Plaintiffs' Oppositions shall be filed and served on or before July 8, 2013; 15 16 asserted in the respective SACs; 17
18 opposition to, or in reply to a motion, except motions for summary
judgment or claim 19 construction, shall not exceed 15 pages;
sufficiency of each of the claims asserted in the Android SAC, as
well as separate arguments 22 relating to the different capacities in
which Google has been sued, which arguments collectively 23 involve
complex areas of federal and state law and will require space beyond
the 15-page default 24 limit set by this Court's Civil Standing Order;
WHEREAS, Pandora's Motion to Dismiss will require separate arguments as to the sufficiency of each of the claims asserted in the Yuncker SAC, including as those claims apply to 27 three newly added plaintiffs who used different versions of the Pandora mobile applications, 28
WHEREAS, the Android action involves nine separate cases coordinated in this Court for
WHEREAS, plaintiff in the Yuncker action has filed an SAC that alleges multiple
WHEREAS, on April 23, 2013, the Court ordered that Google's and Pandora's responses
Plaintiffs' Oppositions shall be filed on or before June 20, 2013, and that Google's and 14
WHEREAS, Google and Pandora intend to file a Motion to Dismiss each of the claims
WHEREAS, this Court's Civil Standing Orders specify that a brief in support of, in
WHEREAS, Google's Motion to Dismiss will require separate arguments as to the which arguments involve complex areas of law and will require space beyond the 15-page 2 default limit set by this Court's Civil Standing Order; 3
WHEREAS, the parties to the Android and Yuncker actions all stipulated to extend the 4 page limitations for the first Motions to Dismiss filed in their respective actions and the Court 5 entered those stipulations (Android Dkt No. 28, Yuncker Dkt No. 53); 6
WHEREAS, counsel for Google, Pandora, and the Android and Yuncker plaintiffs have 7 met and conferred, and agree that the page limit for both Google's and Pandora's Motions to 8 Dismiss, plaintiffs' Oppositions to both Google's and Pandora's motions, and both Google's and 9 Pandora's Replies in support of their respective motions should be increased; 10
IT IS SO AGREED that:
(1) Google and Pandora shall both be permitted to file a brief in support of their 12 respective Motions to Dismiss not to exceed 25 pages; 13 (2) Plaintiffs in both the Android and Yuncker actions shall be permitted to file 14 Opposition briefs in response to the Motions to Dismiss in their respective actions not 15 to exceed 25 pages; and 16 (3) Google and Pandora shall both be permitted to file Reply briefs in support of their 17 respective Motions to Dismiss not to exceed 15 pages.
DATE: May 16, 2013 /s/ Michael H. Rubin 2 David H. Kramer Michael H. Rubin 3 Evan M. W. Stern WILSON SONSINI GOODRICH & ROSATI 4 Professional Corporation 650 Page Mill Road 5 Palo Alto, CA 94304-1050 Telephone: (650) 493-9300 6 Facsimile: (650) 493-6811 Email: email@example.com 7 Email: firstname.lastname@example.org 8 Email: email@example.com 9 Brian M. Willen WILSON SONSINI GOODRICH & ROSATI 10 Professional Corporation 1301 Avenue of the Americas, 40th Floor 11 New York, New York 10019 Telephone: (212) 497-7700 12 Email: firstname.lastname@example.org 13 Attorneys for Defendant Google Inc. DATE: May 16, 2013 /s/ William M. Audet 15 William M. Audet Jonas P. Mann 14 16 AUDET & PARTNERS LLP 221 Main Street 17 Suite 1460 San Francisco, CA 94105 18 Telephone: (415) 982-1776 19 Facsimile: (415) 568-2556 Email: email@example.com 20 Email: firstname.lastname@example.org 21 Interim Class Counsel
DATE: May 16, 2013 /s/ Joseph J. Siprut 2 JOSEPH J. SIPRUT (Pro Hac Vice) ALEKSANDRA M. S. VOLD 3 PETER K. CARLSON 4 17 N. State Street Suite 1600 5 Chicago, Illinois 60602 Telephone: 312/236-0000 6 Facsimile: 312/948-9212 7 email@example.com firstname.lastname@example.org 8 email@example.com 9 Attorneys for Plaintiffs and the Putative 10 Classes in Case No. 11 CV 3113 JSW DATE: May 16, 2013 /s/ Tyler Griffin Newby 12 Tyler Griffin Newby 11 13 Laurence F. Pulgram Sebastian Elan Kaplan 14 FENWICK & WEST LLP 555 California Street 15 Suite 1200 16 San Francisco, CA 94104 Telephone: (415) 875-2300 17 Facsimile: (415) 281-1350 18 Email: firstname.lastname@example.org Email: email@example.com 19 Email: firstname.lastname@example.org 20 Attorneys for Pandora Media, Inc. in 21
PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, IT IS SO
ORDERED. The Court is familiar with the facts of this case and issues presented. The Court will grant the request for additional pages, but it does not find good cause to grant twenty-five pages.
Accordingly, the opening and opposition briefs shall not exceed twenty pages.
SIGNED this ____ 17th day of ______________, May 2013.
The replies shall not exceed twelve pages.
It is FURTHER ORDERED that the Plaintiffs in each of these cases shall file red-lined versions of the 9 complaint by no later than May 31, 2013.
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