Doe I et al v. Cisco Systems, Inc. et al

Filing 27

First MOTION to Amend/Correct 5 MOTION Notice of Motion and Motion to Commerce and Proceed Through Appointed Next Friend filed by Doe I, Doe II, Doe III, Doe IV, Doe V, Doe VI, Liu Guifu, Ivy He, Charles Lee, Roe VII, Roe VIII. Motion Hearing set for 7/29/2011 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Jeremy Fogel. Responses due by 7/5/2011. Replies due by 7/12/2011. (Shah, Rajika) (Filed on 6/21/2011)

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1 2 3 4 5 6 KATHRYN LEE BOYD, ESQ. (SBN 189496) lboyd@srbr-law.com RAJIKA L. SHAH, ESQ. (SBN 232994) rshah@srbr-law.com SCHWARCZ, RIMBERG, BOYD & RADER, LLP 6310 San Vicente Boulevard, Suite 360 Los Angeles, CA 90048 Phone: (323) 302-9488 Fax: (323) 931-4990 11 TERRI MARSH, ESQ. (pro hac vice) terri.marsh@hrlf.net BRIAN PIERCE, ESQ. (pro hac vice) bjpierce@gmail.com HUMAN RIGHTS LAW FOUNDATION 1615 L Street, NW, Suite 1100 Washington, D.C. 20036 Phone: 202-369-4977 Fax: 202-355-6701 12 Attorneys for PLAINTIFFS 7 8 9 10 13 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION 14 15 16 17 Case No. 5:11-cv-02449-JF DOE I, DOE II, Ivy HE, DOE III, DOE IV, DOE V, DOE VI, ROE VII, Charles LEE, ROE VIII, and LIU Guifu, 18 Plaintiffs, 19 20 21 22 23 24 25 26 Assigned to the Honorable Jeremy Fogel, U.S.D.J. PLAINTIFF DOE III AND DOE IV’S AMENDED NOTICE OF MOTION AND MOTION TO COMMENCE AND PROCEED THROUGH APPOINTED NEXT FRIEND vs. CISCO SYSTEMS, INC., John CHAMBERS, Thomas LAM, Owen CHAN, and DOES 1-100, Defendants. [DECLARATIONS OF TERRI MARSH AND ROE III IN SUPPORT THEREOF AND [PROPOSED] ORDER FILED CONCURRENTLY HEREWITH] [COMPLAINT FILED CONCURRENTLY HEREWITH] Action filed: May 19, 2011 Hearing: July 29, 2011, 9:00am Courtroom: 3, 5th Floor 27 28 PLAINTIFFS‟ MOTION TO COMMENCE AND PROCEED THROUGH APPOINTED NEXT FRIEND SCHWARCZ, RIMBERG, BOYD & RADER, LLP 6310 San Vicente Blvd Los Angeles, CA 90048 Case No. 5:11-cv-02449-JF 1 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: 2 NOTICE IS HEREBY GIVEN THAT at 9:00am on July 29, 20111, in the Court of the 3 Honorable Jeremy Fogel, located at the United States Courthouse, Robert F. Peckham Federal 4 Building, 280 South 1st Street, San Jose, CA 95113, Plaintiffs DOE III and DOE IV, by and 5 through their retained counsel, will move to commence and proceed in this action through an 6 appointed next friend. DOE III is currently in prison in the People‟s Republic of China (“China”) 7 and therefore cannot proceed on his own behalf. DOE IV was in prison in China until recently 8 and is now under round-the-clock supervision and monitoring. ROE III, a close personal friend 9 of both DOE III and DOE IV, received authorization from DOE IV and from an authorized agent 10 of DOE III to proceed with this case on their behalf. 11 This Motion is based on this Notice of Motion and Motion, the Memorandum of Points 12 and Authorities and supporting Declarations filed and submitted herewith, the pleadings and 13 papers filed in this action, and any further evidence and argument that the Court may receive at or 14 before the hearing. 15 This Motion is made following the conference of counsel regarding the hearing date, as 16 required by the San Jose Division Standing Order Regarding Case Management in Civil Cases. 17 18 DATED: June 21, 2011 19 Respectfully submitted, SCHWARCZ, RIMBERG, BOYD & RADER, LLP 20 21 By: 22 23 24 Terri E. Marsh, Esq. Attorney for Plaintiffs (pro hac vice) 25 26 27 28 SCHWARCZ, RIMBERG, BOYD & RADER, LLP 6310 San Vicente Blvd Los Angeles, CA 90048 /s/ Rajika L. Shah Rajika L. Shah, Esq. K. Lee Crawford-Boyd, Esq. Attorney for Plaintiffs 1 This Amended Notice of Motion is filed as a result of assignment of the case to the Hon. Jeremy Fogel. The date, time, location of the hearing, and statement regarding compliance with the San Jose Division Standing Order Regarding Case Management in Civil Cases of the hearing are the only changes set forth in this amended notice. -1PLAINTIFFS‟ MOTION TO COMMENCE AND PROCEED THROUGH APPOINTED NEXT FRIEND Doe et al. v. Cisco et al.