In Re Sony PS3 "Other OS" Litigation

Filing 65

STIPULATION AND CASE MANAGEMENT ORDER NUMBER 1 AS MODIFIED BY THE COURT. All filings hereafter shall be made exclusively in Case No. 10-1811 RS. The Initial Case Management Conference shall be held on September 9, 2010, as originally scheduled in C 10-1811 RS. (cl, COURT STAFF) (Filed on 6/30/2010)

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Ventura v. Sony Computer Entertainment America Inc Doc. 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James A. Quadra (SBN 131084) jquadra@calvoclark.com CALVO & CLARK, LLP One Lombard Street, Second Floor San Francisco, California 94111 Telephone: (415) 374-8370 Facsimile: (415) 374-8373 Rosemary M. Rivas (SBN 209147) rrivas@finkelsteinthompson.com FINKELSTEIN THOMPSON LLP 100 Bush Street, Suite 1450 San Francisco, California 94115 Telephone: (415) 398-8700 Facsimile: (415) 398-8704 *E-Filed 6/30/10* James Pizzirusso jpizzirusso@hausfeldllp.com HAUSFELD LLP 1700 K. Street NW, Suite 650 Washington, DC 20006 Telephone: (202) 540-7200 Facsimile: (202) 540-7201 Proposed Interim Co-Lead Counsel and Counsel for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ANTHONY VENTURA, on behalf of himself and all others similarly situated, Plaintiff, vs. SONY COMPUTER ENTERTAINMENT AMERICA INC., a corporation Defendant. JASON BAKER, SEAN BOSQUETT, FRANK BACHMAN, PAUL GRAHAM, and PAUL VANNATTA, Individually and on Behalf of all others Similarly Situated, Plaintiffs, vs. SONY COMPUTER ENTERTAINMENT AMERICA, LLC successor to SONY COMPUTER ENTERTAINMENT AMERICA, INC., Defendant. Case No. CV-10-01897-RS Case No. CV-10-01811-RS STIPULATION AND CASE MANAGEMENT ORDER NUMBER 1 AS MODIFIED BY THE COURT 1 STIPULATION & CASE MANAGEMENT ORDER NO. 1 CASE NO. CV-10-01811-RS Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TODD DENSMORE and ANTAL HERZ, on behalf Case No. CV-10-01945-RS of themselves and all others similarly situated, Plaintiffs, vs. SONY COMPUTER ENTERTAINMENT AMERICA, INC., a corporation Defendant. KEITH WRIGHT, on behalf of himself and all others similarly situated, Plaintiff, vs. SONY COMPUTER ENTERTAINMENT AMERICA INC., and SONY COMPUTER ENTERTAINMENT AMERICA, LLC. Defendants. JONATHAN HUBER, on behalf of himself and all others similarly situated, Plaintiff, vs. SONY COMPUTER ENTERTAINMENT AMERICA, LLC, formerly SONY COMPUTER ENTERTAINMENT AMERICA, INC., a Delaware corporation, Defendant. JEFFREY HARPER and ZACHARY KUMMER, individually and on behalf of all others similarly situated, Plaintiffs, vs. SONY COMPUTER ENTERTAINMENT AMERICA, INC., Defendant. Case No. CV-10-02197-RS Case No. CV-10-02213-RS Case No. CV-10-01975-RS 2 STIPULATION & CASE MANAGEMENT ORDER NO. 1 CASE NO. CV-10-01811-RS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY STIPULATED as follows: WHEREAS, the seven actions entitled Ventura v. Sony Computer Entertainment America, Inc., Case No. CV-10-01811-RS; Baker, et al. v. Sony Computer Entertainment America, LLC, Case No. CV10-01897-RS; Densmore, et al. v. Sony Computer Entertainment America, Inc., Case No. CV-10-1945RS; Wright v. Sony Computer Entertainment America, Inc., et al., Case No. CV-10-01975-RS; Huber v. Sony Computer Entertainment America, LLC, Case No. CV-10-02213-RS; Harper, et al. v. Sony Computer Entertainment America, Inc., Case No. CV-10-02197-RS; and Benavides v. Sony Computer Entertainment America, Inc., Case No. CV-10-02612-RS (hereinafter "Actions") have been related and are pending before this Court; and WHEREAS, five competing motions for consolidation and appointment of interim lead counsel were filed by the law firms of Finkelstein Thompson LLP (Docket No. 27); Meiselman, Denlea, Packman, Carton & Eberz P.C. and Calvo & Clark, LLP (Docket No. 32); Bailey & Galyen (Docket No. 38); Hausfeld LLP and Pearson, Simon, Warshaw & Penny, LLP (Docket No. 45); and Chimicles & Tikellis LLP (Docket No. 60); and WHEREAS, counsel for the Plaintiffs in each of the Actions have met and conferred and each have concluded that it is in the best interests of the respective parties and absent proposed class members that the above captioned actions be consolidated for pre-trial purposes and proceed as contemplated herein; and 3 STIPULATION & CASE MANAGEMENT ORDER NO. 1 CASE NO. CV-10-01811-RS Plaintiff, vs. SONY COMPUTER ENTERTAINMENT AMERICA INC., and SONY COMPUTER ENTERTAINMENT, LLC, Defendants. RICK BENAVIDES, on behalf of himself and all others similarly situated, Case No. CV-10-02612-RS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Actions pending before the Court meet the requirements of Rule 42(a) of the Federal Rules of Civil Procedures, the interests of fair and efficient administration of the Actions and the avoidance of unnecessary duplicative efforts, warrants the consolidation of the Actions, and the establishment of an organizational structure for Plaintiffs' counsel; and WHEREAS, all served parties, through their respective counsel have stipulated to the terms provided herein. IT IS HEREBY AGREED TO AS FOLLOWS: I. 1. CONSOLIDATION AND TREATMENT OF SUBSEQUENT ACTIONS By Orders dated May 20, 2010, May 28, 2010 and June 16, 2010, the Court found that the above-entitled actions are related. Each of the Actions satisfies the requirements of Fed. R. Civ. P. 42(a). In addition, the parties in the Actions are substantially the same. Accordingly, for pre-trial purposes, each of the Actions are hereby consolidated into Ventura v. Sony Computer Entertainment America Inc., CV-10-01811-RS, and are referred to herein as the Consolidated Action. Each document filed by a party to this litigation shall bear the following caption: Case No. CV-10-1811-RS In Re Sony PS3 "Other OS" Litigation 2. The terms of this Order shall apply to actions later instituted in, removed to, or transferred to this Court that involve the same or substantially similar issues of law and fact, subject to applicable rules. 3. Counsel shall call to the attention of the Court and the Clerk the filing or transfer of any case which might properly be consolidated with the Consolidated Action. Mailing or other delivery of a copy of this Order by counsel for defendant Sony Computer Entertainment America LLC ("SCEA"), incorrectly named as Sony Computer Entertainment America, Inc., or Plaintiffs' Co-Lead Counsel (see II. Below), as appropriate, to the counsel in any newly-filed or transferred actions shall constitute valid notice thereof for purposes of establishing its applicability to such action in accordance herewith. 4 STIPULATION & CASE MANAGEMENT ORDER NO. 1 CASE NO. CV-10-01811-RS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II. 4. ORGANIZATION OF PLAINTIFFS' COUNSEL Pursuant to Fed. R. Civ. P. 23(g) and for pre-trial purposes only, the Court appoints the following firms as Plaintiffs' Interim Co-Lead Counsel: Calvo & Clark, LLP; Finkelstein Thompson LLP; and Hausfeld LLP. Plaintiffs' Interim Co-Lead Counsel shall have the following duties: a. executing the Orders of the Court concerning the conduct of the litigation. This includes participating in drafting pleadings, motions, oral argument, written discovery, depositions, or pre-trial preparation and settlement. Co-Lead Counsel may organize and delegate to other Plaintiffs' counsel matters to the extent appropriate for the efficient prosecution of the case; however, all communications between Plaintiffs' counsel and SCEA's counsel shall be made only through the firms designated as Co-Lead Counsel, except (1) those communications made during and as part of a deposition or oral argument before the Court, or (2) in instances in which SCEA's counsel has expressly agreed to communicate with other Plaintiffs' counsel; b. determining and presenting (in briefs, oral argument, or any such other fashion as may be appropriate, personally or by a designee) to the Court and opposing parties the position of the Plaintiffs on all matters; c. coordinating the initiation and conduct of discovery on behalf of the Plaintiffs consistent with the requirements of the Federal Rules of Civil Procedure, including the preparation of interrogatories, requests for production of documents, requests for admissions and the examination of witnesses in depositions; d. designating committees of counsel and supervising the efforts of other counsel or committees of counsel, in a manner to ensure that prosecution for the Plaintiffs is conducted efficiently and effectively; e. f. maintaining adequate time and disbursement records for all Plaintiffs' counsel; monitoring the activities of all Plaintiffs' counsel to ensure that schedules are met and unnecessary expenditures of time and funds are avoided, including the avoidance of unnecessary or duplicative communications among, and unnecessary or duplicative attendance by, Plaintiffs' counsel; 5 STIPULATION & CASE MANAGEMENT ORDER NO. 1 CASE NO. CV-10-01811-RS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 necessary; g. assessing common litigation costs and collecting assessments as appropriate and h. from time to time; i. calling meetings of themselves and/or other counsel as appropriate or necessary initiating and conducting settlement negotiations with SCEA's counsel; however, all settlement communications between Plaintiffs' counsel and SCEA's counsel shall be made only through the firms designated as Co-Lead Counsel, unless SCEA's counsel expressly agrees with CoLead Counsel to communicate with other Plaintiffs' counsel; j. making a good faith recommendation to the Court on the allocation of any attorneys' fees awarded by the Court; k. receiving, and as appropriate, distributing Orders from the Court and documents from opposing parties and counsel; l. m. performing any other such duties as may be necessary for the litigation; and with regard to Sections 4(a) and (i) above, Plaintiffs agree that they will employ a unified approach to all issues, including discovery and settlement, to be coordinated internally by CoLead Counsel, and that Co-Lead Counsel will attempt whenever reasonable and appropriate to appoint a single firm from among them responsible for communications with SCEA regarding a specific category or categories of topics, for example, discovery, settlement, or a particular motion. SCEA reserves the right to seek modification of this order pursuant to Section 14, should it conclude that efforts on behalf of Plaintiffs have become unduly burdensome or inefficient. 5. The organizational structure set forth in this section applies to all Plaintiffs' counsel in the Consolidated Action, including any action subsequently governed by this Order. 6. No communications among Plaintiffs' counsel shall be taken as a waiver of any privilege or protection to which they would otherwise be entitled. III. 7. AGREEMENTS WITH CO-LEAD COUNSEL SCEA's counsel may rely upon all agreements made with Plaintiffs' Interim Co-Lead Counsel, and such agreements are binding on Plaintiffs. 6 STIPULATION & CASE MANAGEMENT ORDER NO. 1 CASE NO. CV-10-01811-RS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IV. 8. SERVICE OF DOCUMENTS Except with regard to documents filed with the Court via the ECF system, SCEA shall effect service of papers on Plaintiffs by serving a copy of same on Calvo & Clark, LLP by overnight mail service or hand delivery unless otherwise agreed, and Plaintiffs shall effect service of papers on SCEA by serving a copy of the same on SCEA's counsel by overnight mail service or by hand delivery, or as otherwise agreed. V. 9. SCHEDULE The competing motions for consolidation and appointment of interim lead counsel are withdrawn as moot and the hearing on such motions is vacated. 10. The individual case management conferences scheduled in the Actions are vacated. A case management conference in this Consolidated Action is scheduled for September 30, 2010 at 10:30 a.m.. A Joint Case Management Conference Statement is due ten days prior to the conference. 11. Plaintiffs shall file a Consolidated Class Action Complaint ("Complaint") naming only SCEA no later than 30 days from the date of the entry of this Order, unless otherwise agreed between the parties, which shall be deemed the operative complaint, superseding all complaints filed in this action, or any of the actions to be consolidated hereunder or in any related cases. 12. SCEA shall have 30 days after the filing and service of the Complaint to answer or otherwise respond to the Complaint and is not required to answer or otherwise respond to any prior complaint filed in any of the Actions. In the event that SCEA files any motions directed at the Complaint, counsel are to meet and confer and report to the Court with regard to an acceptable briefing and hearing schedule for such motions. IV. 13. EFFECT AND MODIFICATION OF THIS ORDER SCEA enters into this Stipulation without waiving any argument regarding any of the elements of Fed. R. Civ. P. 23 that Plaintiffs must satisfy to obtain class certification. // // 7 STIPULATION & CASE MANAGEMENT ORDER NO. 1 CASE NO. CV-10-01811-RS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. This Order may be modified, supplemented, or superseded by order of the Court or upon the motion of any party for good cause shown. Dated: June 29, 2010 BAILEY & GALYEN /s/John R. Fabry John R. Fabry Counsel for Plaintiffs Jason Baker, Sean Bosquett, Frank Bachman, Paul Graham and Paul Vannatta Dated: June 29, 2010 CALVO & CLARK, LLP /s/ James A. Quadra James A. Quadra Counsel for Plaintiff Keith Wright CHIMICLES & TIKELIS LLP /s/ Joseph G. Sauder Joseph G. Sauder Counsel for Plaintiffs Jeremey Harper and Zachary Kummer Dated: June 29, 2010 FINKELSTEIN THOMPSON LLP /s/ Rosemary M. Rivas Rosemary M. Rivas Counsel for Plaintiffs Todd Densmore and Antal Herz Dated: June 29, 2010 HAUSFELD LLP /s/ James Pizzirusso James Pizzirusso Counsel for Plaintiffs Jonathan Huber Dated: June 29, 2010 KRAUSE, KALFAYAN, BENNICK & SLAVENS, LLP /s/ Ralph B. Kalfayan Ralph B. Kalfayan Counsel for Plaintiff Rick Benavides Dated: June 29, 2010 8 STIPULATION & CASE MANAGEMENT ORDER NO. 1 CASE NO. CV-10-01811-RS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: June 29, 2010 MEISELMAN, DENLEA, PACKMAN, CARTON & EBERZ LLP /s/ Rebecca Coll Rebecca Coll Counsel for Plaintiff Anthony Ventura Dated: June 29, 2010 PEARSON, SIMON, WARSHAW & PENNY, LLP /s/ Bruce Simon Bruce Simon Counsel for Plaintiffs Jonathan Huber Dated: June 29, 2010 DLA PIPER LLP (US) /s/ Luanne Sacks Luanne Sacks Counsel for defendant Sony Computer Entertainment America LLC, incorrectly named as Sony Computer Entertainment America, Inc. PURSUANT TO STIPULATION, IT IS SO ORDERED, AND IT IS FURTHER ORDERED THAT: 1. All filings hereafter shall be made exclusively in Case No. C 10-1811 RS. 2. The initial Case Management Conference shall be held on September 9, 2010, as originally scheduled in C 10-1811 RS. 3. The Clerk shall close the files of the other six cases captioned above. Dated: 6/30/10 _________________________________________ RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 9 STIPULATION & CASE MANAGEMENT ORDER NO. 1 CASE NO. CV-10-01811-RS