Mireille Carrier v. Valueclick Inc et al

Filing 42

Mireille Carrier v. Valueclick Inc et al

Doc. 42

Case 2:07-cv-02641-FMC-CT

Document 42

Filed 01/03/2008

Page 1 of 2

UNITED STATES DISTRICT COURT CENTRA DISTRICT OF CALIFORNA MIREILLE CARRR, individually and on CASE NUMBER
behalf of all others similarly situated,

PLAINTlFF(S) CV 07-02641 (CTx)
v.
V ALUECLICK, INC., a Delaware

corporation, et al. ADR PILOT PROGRAM QUESTIONNAIR
DEFENDANT(S).

(1) What, if any, discovery do the parties believe is essential in order to prepare adequately for a settlement
conference or mediation? Please outlne with specificity the type(s) of discovery and proposed completion

date(s). Please outline any areas of disagreement in this regard. Your designations do not limit the discovery that you wil be able to take in the event this case does not settle.
The parties have agreed that Defendants will provide Plaintiff

with the following categories of information and documents on an

informal basis, for the purpose of

facilitating the parties' settlement discussions, during the week of January 7, 2008: (I) Information

concerning Defendants' efforts to detect and remedy noncompliant softare use on Commission Junction's ("CJ") networks;

(2) documents concerning any analysis or summary ofthe commissions and fees resulting frm noncompliant software use on CJ's
networks; and (3) information concerning commissions earned by certin publishers believed to have engaged in noncompliant
softare use on CJ's networks durng the relevant period. The parties agreed to exchange additional information on an informal basis
at a meeting to take place between counsel, Plaintiffs expert and business and technical representatives of

Defendants on 1/31/08.

(2) What are the damage amounts being claimed by each plaintiff Identify the categories of damage
claimed (e.g., lost profits, medical expenses (past and future), lost wages (past and future), emotional distress,
damage to reputation, etc.) and the portion of Plaintiff

the total damages claimed attributed to each category.

does not possess suffcient information to quantify damage amounts. PlaintifTidentifies the following damages categories:

i. Unpaid commissions resulting from ilegitimate sofware use (90%).
2. Consequential damages associated with ilegitimate softare use (10%).

ADR-9 (02104)

ADR PILOT PROGRAM QlJESIONNAlRE

Dockets.Justia.com

Case 2:07-cv-02641-FMC-CT

Document 42

Filed 01/03/2008

Page 2 of 2

(3) Do the parties agree to utilze a private mediator in lieu of

the court's ADR Pilot Program?

Yes f8 No 0
this case is in category civil rights - employment (442), check all boxes that describe the legal bases of

(4) If

plaintiff c1aim(s).

o Title VII 0 Age Discrimination
042 U.S.C. §1983

o California Fair Employment and Housing Act
o Rehabiltation Act

o Americans with Disabilities Act of 1990
o Other

I hereby certify that all parties have discussed and agree that the above-mentioned responses are true and correct.

January 3. 2008

Date

Attorney for Plaintif (Sign~'
owell Nassiri NASSIRI & JUG LLP

/'/t

'L

r Plaintif (Please print full name)

Jariuaiy 3.2008

Date

Attorney for Defendant (Signature)
Ashlie Beringer. GIBSON DUN & CRUTCHER LLP

Attorney for Defendant (Please printfu// name)

ADR-9 (02104)

ADR PILOT PROGRAM QUESIONNAIRE