In Re Quantcast Advertising Cookie Litigation

Filing 28

STIPULATION to Consolidate Cases as to 2:10-cv-05484-GW and 2:10-cv-05716-GW filed by plaintiffs Alan Bonebrake, Byron Griffith, Mary Huebner, Jose Marquez, Austin Muhs, Brittany Sanchez, Edward Valdez, Gerardo Valdez, Kayla Valdez. (Attachments: #1 Proposed Order to consolidate and create organizational structure for counsel)(Parisi, David)

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Edward Valdez et al v. Quantcast Corporation et al Doc. 28 1 2 3 4 5 6 Scott A. Kamber (not yet admitted) skamber@kamberlaw.com David A. Stampley (not yet admitted) dstampley@kamberlaw.com KamberLaw, LLC 100 Wall Street, 23rd Floor New York, New York 10005 Telephone: (212) 920-3072 Facsimile: (212) 920-3081 Avi Kreitenberg (SBN 266571) akreitenberg@kamberlaw.com 7 KamberLaw, LLP 1180 South Beverly Drive, Suite 601 8 Los Angeles, California 90035 Telephone: (310) 400-1050 9 Facsimile: (310) 400-1056 Joseph H. Malley (not yet admitted) malleylaw@gmail.com 11 Law Office of Joseph H. Malley 1045 North Zang Blvd. 12 Dallas, Texas 75208 Telephone: (214) 943-6100 13 Facsimile: (214) 943-6170 10 14 15 16 17 18 19 20 21 22 23 24 25 David C. Parisi, Esq. (162248) dparisi@parisihavens.com PARISI & HAVENS LLP 15233 Valleyheart Drive Sherman Oaks, California 91403 Telephone: (818) 990-1299 Facsimile: (818) 501-7852 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA EDWARD VALDEZ, ALAN BONEBRAKE, BYRON GRIFFITH, MARY HUEBNER, JOSE MARQUEZ, BRITTANY SANCHEZ, GERARDO VALDEZ, AUSTIN MUHS, and KAYLA VALDEZ, Individually, on Behalf of Themselves and Others Similarly Situated, Plaintiffs, v. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 2:10-cv-05484-GW STIPULATION TO CONSOLIDATE AND CREATE ORGANIZATIONAL STRUCTURE FOR COUNSEL QUANTCAST CORPORATION, MYSPACE, INC.; AMERICAN 26 BROADCASTING COMPANIES, 27 INC.; ESPN, INC.; HULU, LLC.; JIBJAB MEDIA, INC.; MTV 28 NETWORKS, INC.; NBC Dockets.Justia.com UNIVERSAL, INC.; and SCRIBD, INC.; Delaware Corporations, 2 Defendants. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) ) IT IS HEREBY STIPULATED AND AGREED as follows: WHEREAS, the related actions Valdez, et al. v. Quantcast Corporation, et al., Case No. 2:10-cv-05484-GW (C.D. Cal. filed July 23, 2010) and Aguirre v. Quantcast Corporation, et al., Case No. 2:10-cv-05716-GW (C.D. Cal filed July 30, 2010) (collectively the "Actions") are pending before this Court; and, WHEREAS, counsel for the plaintiffs have each concluded that it is in the best interests of the respective parties and absent putative class members that the above captioned actions be consolidated for all purposes and proceed as contemplated herein; and, WHEREAS, all served parties, through their respective counsel, have stipulated to the terms provided herein; and WHEREAS, the existence of common questions of law and fact between the two Actions now pending before this Court, the interests of fair and efficient administration of the Actions and the avoidance of unnecessary duplicative efforts, warrants the consolidation of the Actions, establishment of an organizational structure for plaintiffs' counsel, and the setting of a status conference to discuss, among other things, schedules for the filing of pleadings, opportunities for early resolution, motion practice and discovery, and good cause appearing therefor; WHEREAS, the parties request that this Court enter an order as follows: -2Stipulation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. CONSOLIDATION AND TREATMENT OF SUBSEQUENT ACTIONS 1. The Court finds that Valdez, et al. v. Quantcast Corporation, et al., Case No. 2:10-cv-05484-GW (C.D. Cal. filed July 23, 2010) and Aguirre v. Quantcast Corporation, et al., Case No. 2:10-cv-05716-GW (C.D. Cal filed July 30, 2010) are related actions and such cases are hereby consolidated into Valdez, et al. v. Quantcast Corporation, et al., Case No. 2:10-cv-05484-GW, and are referred to herein as the Consolidated Action. Each document filed by a party to this litigation shall bear the following caption: ___________________________________ In Re Quantcast Advertising Cookie Litig. ___________________________________ 2. The terms of this Order shall apply to actions instituted in, removed to, No. 2:10-cv-05716-GW or transferred to this Court that involve the same or substantially similar issues of law and fact, which shall be consolidated into the Consolidated Action., unless a party in such newly-filed or transferred action objects to consolidation, as provided for herein, or any provision of this Order, within ten (10) days after the date upon which a copy of this Order is served on counsel for such party, by filing an application for relief and this Court deems it appropriate to grant such application. 3. Counsel shall call to the attention of the Court and the Clerk the filing or transfer of any case that might properly be consolidated with the Consolidated Action. Mailing or other delivery of a copy of this Order by Defendants' counsel or Plaintiffs' Counsel (see II., below), as appropriate, to the counsel in any newly filed or transferred actions shall constitute valid notice thereof for purposes of establishing its applicability to such action in accordance herewith. -3Stipulation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. No later than twenty (20) days after entry of this Case Management Order, Interim Class Counsel shall file a Consolidated Amended Complaint. No defendant in the Actions shall be required to respond to any currently filed complaint in the Actions. 5. Quantcast Corporation shall answer or move against the Consolidated Amended Complaint within thirty (30) days after the filing of such Consolidated Amended Complaint. Should Quantcast Corporation move to dismiss the Consolidated Amended Complaint, Interim Class Counsel shall file an opposition no later than the forty-fifth (45) day after the date on which the motion to dismiss was filed, and Quantcast Corporation will file a reply memorandum no later than the twenty-first (21) day after the filing of the opposition. 6. Any defendants named in the Consolidated Amended Complaint, other than Quantcast Corporation, will answer or move against the Consolidated Amended Complaint either (a) thirty (30) days after Quantcast Corporation answers the Consolidated Amended Complaint; or (b) should Quantcast Corporation move to dismiss the Consolidated Amended Complaint rather than answering, thirty (30) days after the Court enters a decision respecting Quantcast Corporation's motion to dismiss. Until such time as those other defendants answer or move against the Consolidated Amended Complaint, the case against them shall be considered stayed for all purposes. 7. Defendant Quantcast Corporation and Plaintiffs shall serve their Initial Disclosures within fourteen (14) days of the filing of Quantcast Corporation's answer or responsive pleading to the Consolidated Amended Complaint. 9. The Parties will submit a proposed Alternative Dispute Resolution program within 30 days of the filing of the Consolidated Amended Complaint. -4Stipulation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II. ORGANIZATION OF PLAINTIFFS' COUNSEL 1. Under Federal Rule of Civil Procedure 23(g)(2), inter alia, Interim Class Counsel shall be KamberLaw, LLC (see Firm Resume attached hereto). Interim Class Counsel, acting on behalf of plaintiffs, shall have the duties as set forth in the Manual for Complex Litigation, 3rd ed., including the following: a. b. c. To coordinate all proceedings, including preparing, structuring, and To encourage full cooperation and efficiency among all counsel; To create any necessary committees and appoint committee chairs and presenting pretrial and other management-related orders; otherwise delegate responsibilities for specific tasks in a manner to assure that pretrial and trial preparation is conducted effectively, efficiently, and economically; d. To delegate work responsibilities and monitor the activities of counsel to ensure that schedules are met and unnecessary expenditures of time and expense are avoided; e. f. g. h. To act as spokespersons at all court conferences; To call meetings of themselves and/or other counsel as appropriate or To initiate and conduct settlement negotiations with counsel for the To determine Plaintiffs position on all matters arising during this necessary from time to time; Defendants; litigation (after such consultation with other counsel as they deem appropriate) and present such position orally and/or in writing to the Court and opposing parties; i. j. k. l. To consult with and employ experts, as necessary; To initiate, coordinate and conduct discovery; To represent Plaintiffs at trial and on any appeal of this matter; To negotiate and execute agreements with local counsel or other -5Stipulation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 cooperating attorneys; m. n. To determine the fee that local counsel and liaison counsel are entitled To perform such other duties as are necessary in connection with the to; and prosecution of this litigation. 2. Interim Class Counsel shall be the contact between plaintiffs' counsel and defendants' counsel as well as the spokespersons for plaintiffs' counsel. All agreements reached with Interim Class Counsel shall be binding on all other plaintiffs' counsel in the Consolidated Action. 3. Interim Class Counsel are hereby designated as the counsel for plaintiffs in the Consolidated Action upon whom all notices, orders, pleadings, motions, discovery, and memoranda relating to the Consolidated Action shall be served, and defendants shall effect service of papers on plaintiffs in the consolidated Action by serving Interim Class Counsel. 4. No motion or request for discovery shall be served or filed by plaintiffs, or other pretrial proceedings initiated by plaintiffs, except by or with the authorization of Interim Class Counsel. 5. The organization structure set forth in this section applies to all plaintiffs' counsel in the Consolidated Action, including any action subsequently governed by this Order. 6. No communications among plaintiffs' counsel shall be taken as a waiver of any privilege or protection to which they would otherwise be entitled. -6Stipulation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: September 13, 2010 PARISI & HAVENS LLP By:___s/David C. Parisi_________ David C. Parisi Attorneys for Plaintiffs Edward Valdez, Alan Bonebrake, Byron Griffith, Mary Huebner, Jose Marquez, Brittany Sanchez, Gerardo Valdez, Austin Muhs, And Kayla Valdez, Individually, On Behalf Of Themselves And Others Similarly Situated, DATED: September 13, 2010 KAMBERLAW, LLC By:___s/Scott A. Kamber________ Scott A. Kamber (pro hac vice application to be filed) Attorneys for Plaintiff Jennifer Aguirre, on Behalf of Herself and All Others Similarly Situated DATED: September 13, 2010 KAMBERLAW, LLP By:____s/Avi Kreitenberg_______ Avi Kreitenberg Attorneys for Plaintiff Jennifer Aguirre, on Behalf of Herself and All Others Similarly Situated DATED: September 13, 2010 DEBEVOISE & PLIMPTON LLP By:____s/Jeffrey S. Jacobson______ Jeffrey S. Jacobson (pro hac vice application to be filed) Attorneys for American Broadcasting Companies, Inc., ESPN Inc., Hulu, LLC, Jibjab Media, Inc., -7Stipulation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -8- MTV Networks, Inc., NBC Universal, Inc., and Scribd, Inc DATED: September 13, 2010 DURIE TANGRI LLP By:___s/Michael H. Page_________ Michael H. Page Attorneys for Quantcast Corporation Stipulation

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