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

Filing 39

NOTICE by Cisco Systems, Inc. of Pendency of Related Action or Proceeding (Sullivan, Kathleen) (Filed on 7/21/2011)

1 2 3 4 5 6 7 8 9 10 11 QUINN EMANUEL URQUHART & SULLIVAN, LLP Kathleen M. Sullivan (CA Bar No. 242261) kathleensullivan@quinnemanuel.com 555 Twin Dolphin Drive, 5th Floor Redwood City, California 94065 Telephone: (650) 801-5000 Facsimile: (650) 801-5100 Faith E. Gay (pro hac vice) faithgay@quinnemanuel.com Isaac Nesser (pro hac vice) isaacnesser@quinnemanuel.com 51 Madison Avenue, 22nd Floor New York, New York 10010 Telephone: (212) 849-7000 Facsimile: (212) 849-7100 Attorneys for Defendants Cisco Systems, Inc., John Chambers, Thomas Lam, and Owen Chan 12 13 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION 14 15 16 17 18 DOE I, DOE II, Ivy HE, DOE III, DOE IV, DOE V, DOE VI, ROE VII, Charles LEE, ROE VIII, and LIU Guifu, Plaintiffs, 19 20 21 22 vs. Case No. 5:11-cv-02449-JF NOTICE OF PENDENCY OF RELATED ACTION OR PROCEEDING Action Filed: May 19, 2011 Judge: Hon. Jeremy Fogel Dept: Courtroom 3, 5th Floor CISCO SYSTEMS, INC., John CHAMBERS, Thomas LAM, Owen CHAN, and DOES 1-100, 23 Defendants. 24 25 26 27 28 Notice of Pendency of Related Action or Proceeding / Case No. 5:11-cv-02449-JF 1 2 3 Defendants, by and through their attorneys, hereby submit this Notice of Pendency of Related Action or Proceeding pursuant to Civil L.R. 3-13. 1. This action involves all or a material part of the same subject matter and many of 4 the same parties as Daobin et al. v. Cisco Systems, Inc., et al., No. 8:2011-cv-01538 (D. Md., 5 Greenbelt Div.) (the "Maryland" action). Plaintiffs in the Maryland action are individuals Du 6 Daobin, Zhou Yuanzhi, and Liu Xianbin; Defendants are Cisco Systems, Inc., John Chambers, 7 Thomas Lam, Owen Chan, and Rick Justice. The Maryland Complaint alleges that Defendants 8 sold internet routers and related hardware and services to governmental entities in the People’s 9 Republic of China for the purpose of facilitating the Chinese government’s construction of the 10 "Golden Shield" internet backbone, allegedly with knowledge that the Chinese government 11 would seek to use the Golden Shield to commit international law violations against political 12 activists in China. The Complaint asserts claims under the Alien Tort Statute ("ATS"), Torture 13 Victim Protection Act ("TVPA"), and state common law. 14 2. The Maryland action is factually and legally related to this action. All of the 15 Defendants in this action are also defendants in the Maryland action. The international law 16 claims under the ATS and TVPA in this action, as well as the common law claims for assault, 17 battery, and like, are also at issue in the Maryland action. And the alleged wrongdoing in this 18 action — provision of internet routers and related equipment and services to the government of 19 China for the purpose of facilitating the Chinese government’s construction of the "Golden 20 Shield" internet backbone, allegedly with knowledge that the Chinese government would seek to 21 use the "Golden Shield" to commit international law violations against Falun Gong practitioners 22 in China — are nearly identical to those alleged in the Maryland action. 23 3. Coordination between this action and the Maryland action would likely avoid 24 conflicts, conserve resources, and promote an efficient determination of the actions. To this end, 25 Defendants have moved for a stay of the Maryland action pending disposition of their 26 forthcoming motion to dismiss this action, and in conjunction with that stay motion are assessing 27 the availability and propriety of transfer pursuant to 28 U.S.C. § 1407 (Multi District Litigation 28 -2Notice of Pendency of Related Action or Proceeding / Case No. 5:11-cv-02449-JF 1 Procedures) or otherwise. 2 3 4 5 6 7 8 DATED: July 21, 2011 QUINN EMANUEL URQUHART & SULLIVAN, LLP By:_/s/ Kathleen M. Sullivan_______________ Kathleen M. Sullivan 10 555 Twin Dolphin Drive, 5th Floor Redwood City, California 94065 Telephone:(650) 801-5000 Facsimile: (650) 801-5100 11 Attorneys for Defendants 9 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3Notice of Pendency of Related Action or Proceeding / Case No. 5:11-cv-02449-JF