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

Filing 45

STIPULATION AND ORDER REGARDING PLAINTIFFS' MOTIONS TO PROCEED ANONYMOUSLY AND THROUGH NEXT FRIEND (approving 38 ). Motions terminated: 2 , 5 , 27 , 28 . Signed by Judge Jeremy Fogel on 7/26/2011. (jflc2, COURT STAFF) (Filed on 7/26/2011)

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1 2 3 4 5 6 7 8 9 10 11 12 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 **E-Filed 7/26/2011** 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 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. CISCO SYSTEMS, INC., John CHAMBERS, Thomas LAM, Owen CHAN, and DOES 1-100, 23 Defendants. Case No. 5:11-cv-02449-JF -----------------STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS’ MOTIONS TO PROCEED ANONYMOUSLY AND THROUGH NEXT FRIEND Hearing date: July 29, 2011 Time: 9:00 a.m. Action Filed: May 19, 2011 Judge: Hon. Jeremy Fogel Dept: Courtroom 3, 5th Floor 24 25 26 27 28 IT IS HEREBY STIPULATED AND AGREED between DOE I, DOE II, Ivy HE, DOE III, DOE IV, DOE V, DOE VI, ROE VII, Charles LEE, ROE VIII, and LIU Guifu (“Plaintiffs”) and Defendants CISCO SYSTEMS, INC. (“Cisco”), John CHAMBERS -1Stipulation and Proposed Order Regarding Plaintiffs’ Motions to Proceed Anonymously and Through Next Friend / Case No. 5:11-cv-02449-JF 1 (“Chambers”), Thomas LAM (“Lam”), and Owen CHAN (“Chan”) (collectively, the “Parties”), 2 as follows: 3 4 5 6 7 8 WHEREAS, Plaintiffs on May 19, 2011, filed a Motion to Commence and Proceed as Pseudonymous Plaintiffs (docket entry 2) (the “Anonymity” Motion); and WHEREAS, Plaintiffs on May 19, 2011, filed a Motion to Commence and Proceed Through Appointed Next Friend (docket entry 4) (the “Next Friend” Motion); and WHEREAS, Plaintiffs by filings on June 21, 2011 (docket entries 27 and 28) set a July 29, 2011 hearing date on their Anonymity and Next Friend Motions; and 9 WHEREAS, Defendants on June 27, 2011 filed an administrative motion (docket entry 10 29) seeking adjournment of Plaintiffs’ Anonymity and Next Friend Motions through to the date 11 of this Court’s decision and order resolving Defendants’ forthcoming Motion to Dismiss the 12 Complaint; and on July 5, 2011, Defendants did not serve and file Oppositions to Plaintiffs’ 13 Anonymity and Next Friend Motions or a Statement of Non-Opposition within fourteen (14) 14 days of June 21, 2011; and 15 WHEREAS, on July 1, 2011, Plaintiffs filed a response to Defendants’ administrative 16 motion together with a proposed order which provided for either a grant of Plaintiffs’ Anonymity 17 and Next Friend Motions through to the date of this Court’s decision and order resolving 18 Defendants’ forthcoming Motion to Dismiss the Complaint at which time the Court would set a 19 new hearing date for hearing on Plaintiffs’ Anonymity and Next Friend Motions, or that 20 Plaintiffs’ Anonymity and Next Friend Motions would be heard as noticed on July 29, 2011 21 (docket entry 34); and 22 WHEREAS, at the request of counsel for Defendants, counsel for the Parties conferred 23 on July 12, 2011 in an attempt to find common ground regarding the hearing date on Plaintiffs’ 24 Anonymity and Next Friend Motions and on Defendants’ administrative motion; 25 NOW THEREFORE, it is hereby stipulated by and between the Parties as follows: 26 1. Plaintiffs shall proceed anonymously and through next friends for the limited period 27 through to the date that this Court enters a decision and order resolving Defendants’ forthcoming 28 Motion to Dismiss the Complaint (the “Dismissal Decision”) and until the Court can then act -2Stipulation and Proposed Order Regarding Plaintiffs’ Motions to Proceed Anonymously and Through Next Friend / Case No. 5:11-cv-02449-JF 1 upon any request for Plaintiffs to proceed anonymously and through next friends or until the 2 Court otherwise rules. 2. 3 If, following the Dismissal Decision, one or more Plaintiffs believe it is appropriate 4 for them to continue to proceed anonymously and/or through best friend, then, within 30 days of 5 the Dismissal Decision, such Plaintiffs shall move for leave to proceed anonymously and/or 6 through next friend, or renew their currently-pending Motions which seek such relief. 7 Defendants expressly reserve, and do not waive, the right to oppose such motion(s) or renewed 8 motion(s) in whole or in part. 3. 9 10 Except as provided above, this stipulation and [proposed] order shall have no continuing effect following the Dismissal Decision. 4. 11 The July 29, 2011 hearing date on Plaintiffs’ Anonymity and Next Friend Motions 12 is and shall be adjourned sine die, provided that the Court so orders this Stipulation or otherwise 13 grants such relief. 14 DATED: July 21, 2011 15 QUINN EMANUEL URQUHART & SULLIVAN, LLP By /s/ Kathleen M. Sullivan Kathleen M. Sullivan kathleensullivan@quinnemanuel.com Faith E. Gay faithgay@quinnemanuel.com Isaac Nesser isaacnesser@quinnemanuel.com 16 17 18 19 20 Attorneys for Defendants 21 SCHWARCZ RIMBERG BOYD & RADER, LLP 22 24 By /s/ K. Lee Boyd K. Kee Boyd* lboyd@srbr-law.com 25 Attorneys for Plaintiffs 23 26 27 * 28 I have obtained signatory's consent to file this stipulation and proposed order. -3Stipulation and Proposed Order Regarding Plaintiffs’ Motions to Proceed Anonymously and Through Next Friend / Case No. 5:11-cv-02449-JF HUMAN RIGHTS LAW FOUNDATION 1 By /s/ Terri M. Marsh Terri M. Marsh* terri.marsh@hrlf.net 2 3 4 5 6 7 Attorneys for Plaintiffs Dated: 7/26/2011 So ordered: ______________________________ Hon. Jeremy Fogel, U.S.D.J. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4Stipulation and Proposed Order Regarding Plaintiffs’ Motions to Proceed Anonymously and Through Next Friend / Case No. 5:11-cv-02449-JF