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

Filing 28

First MOTION to Amend/Correct 2 MOTION Nortice of Motion and Motion to Commence and Proceed as Pseudonymous Plaintiffs 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)

Download PDF
1 2 3 4 5 6 KATHRYN LEE BOYD, ESQ. (SBN 189496) lboyd@srbr-law.com RAJIKA L. SHAH, ESQ. (SBN 232994) SCHWARCZ, RIMBERG, BOYD & RADER, LLP 6310 San Vicente Boulevard, Suite 360 Los Angeles, California 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) bjpierca@gmail.com HUMAN RIGHTS LAW FOUNDATION 1615 L Street NW, Suite 1100 Washington, D.C. 20004 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 vs. 20 21 22 CISCO SYSTEMS, INC., John CHAMBERS, Thomas LAM, Owen CHAN, and DOES 1-100, 23 Defendants. 24 Assigned to the Honorable Jeremy Fogel, U.S.D.J. PLAINTIFFS’ AMENDED1 NOTICE OF MOTION AND MOTION TO COMMENCE AND PROCEED AS PSEUDONYMOUS PLAINTIFFS [DECLARATION OF TERRI MARSH, 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 25 26 1 27 28 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. PLAINTIFFS‟ MOTION TO COMMENCE AND PROCEED WITH ACTION AS PSEUDONYMOUS PLAINTIFFS SCHWARCZ, RIMBERG, BOYD & RADER, LLP 6310 San Vicente Blvd Los Angeles, CA 90048 Case No. 5:11-cv-02449-JF 1 2 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: NOTICE IS HEREBY GIVEN THAT at 9:00am on July 29, 2011, in the Court of the 3 Honorable Jeremy Fogel, at the United States Courthouse, Robert F. Peckham Federal Building, 4 280 South 1st Street, San Jose, CA 95113, Plaintiffs DOE I, DOE II, DOE III, DOE IV, DOE V, 5 DOE VI, as well as ROE III, who is filing as Next Friend for Plaintiffs Does III and IV; ROE VII, 6 who is filing on behalf of DOE VII, who has disappeared; and ROE VIII, who is filing on behalf 7 of the now deceased DOE VIII, by and through their retained counsel, will and hereby do move to 8 commence and proceed in this action using pseudonyms. Owing to the nature of the allegations in 9 Plaintiffs‟ Complaint, DOE I, DOE II, DOE III, DOE IV, DOE V, DOE VI, the families of DOE 10 VII and DOE VIII, and ROE III, ROE VII and ROE VIII, justifiably fear acts of reprisal that 11 could, and in all likelihood would, result in severe physical and mental harm, and even death, to 12 them, their families, friends and colleagues. DOE III and DOE IV would be similarly at serious 13 risk of severe physical and mental harm, and even death to them, their families, friends and 14 colleagues, if ROE III is not permitted to file as their Next Friends anonymously, due to the 15 nature of the parties‟ relationships. 16 This Motion is based on this Notice of Motion and Motion, the Memorandum of Points 17 and Authorities and supporting declarations filed and submitted herewith, the pleadings and 18 papers filed in this action and any further evidence and argument that the Court may receive at or 19 before the hearing. 20 This Motion is made following the conference of counsel regarding the hearing date, as 21 required by the San Jose Division Standing Order Regarding Case Management in Civil Cases. 22 DATED: June 21, 2011 23 Respectfully submitted, SCHWARCZ, RIMBERG, BOYD & RADER, LLP 24 By: 25 26 27 28 /s/ Rajika L. Shah Rajika L. Shah, Esq. K. Lee Crawford-Boyd, Esq. Attorney for Plaintiffs Terri E. Marsh, Esq. Attorney for Plaintiffs (pro hac vice) PLAINTIFFS‟ MOTION TO COMMENCE AND PROCEED WITH ACTION AS PSEUDONYMOUS PLAINTIFFS SCHWARCZ, RIMBERG, BOYD & RADER, LLP 6310 San Vicente Blvd Los Angeles, CA 90048 Case No. 5:11-cv-02449-JF