Kennedy v. Sony Computer Entertainment America Inc.

Filing 19

STIPULATION AND ORDER CONSOLIDATING ACTIONS C 09-4701 MHP and C 09-5126 MHP; All further documents to be filed under C 09-4701 MHP; Signed by Judge Marilyn Hall Patel on 1/26/2010. (awb, COURT STAFF) (Filed on 1/27/2010)

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DAVID C. PARISI (SBN 162248) [e-mail] SUZANNE HAVENS BECKMAN (SBN 188814) [e-mail] PARISI & HAVENS LLP 15233 Valleyheart Drive Sherman Oaks, California 91403 Telephone: [phone] Facsimile: [phone]

Attorneys for Plaintiff John Kennedy, on behalf Of himself and all others similarly situated

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JOHN KENNEDY, on behalf of himself and all others similarly situated, Plaintiff, vs. SONY COMPUTER ENTERTAINMENT AMERICA INC., a corporation Defendant. JOHN EVERS and EVERETT HORN, on behalf of themselves and on behalf of all similarly situated, Plaintiffs, vs. SONY COMPUTER ENTERTAINMENT AMERICA INC., Defendant.

Case No. CV-09-04701-MHP STIPULATION AND [PROPOSED] CASE MANAGEMENT ORDER NUMBER 1

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Case No. CV-09-5126-MHP

STIPULATION & [PROPOSED] CASE MANAGEMENT ORDER NUMBER 1 CASE NO. CV-09-5126-MHP

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IT IS HEREBY STIPULATED as follows: WHEREAS, the related actions Kennedy, et al. v. Sony Computer Entertainment America Inc, CV-09-4701-MHP; and Evers et al. v. Sony Computer Entertainment America Inc., CV-09-5126-MHP (collectively, "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 interests of fair and efficient administration of the Actions and the avoidance of unnecessary duplicative efforts, warrants the consolidation of the Actions, and the establishment of an organizational structure for plaintiffs' counsel: IT IS HEREBY AGREED TO AS FOLLOWS: I. 1. CONSOLIDATION AND TREATMENT OF SUBSEQUENT ACTIONS By Order dated November 30, 2009, the Court found that Kennedy, et al. v. Sony

Computer Entertainment America Inc, CV-09-4701-MHP; and Evers et al. v. Sony Computer Entertainment America Inc., CV-09-5126 are related actions and such cases are hereby consolidated into Kennedy, et al. v. Sony Computer Entertainment America Inc., CV-09-4701-MHP, and are referred to herein as the Consolidated Action. Each document filed by a party to this litigation shall bear the following caption: Case No. CV-09-4701-MHP In Re Sony PS3 Litigation

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2.

The terms of this Order shall apply to actions later instituted in, removed to, or

transferred to this Court that involve the same or substantially similar issues of law and fact, subject to applicable rules.

STIPULATION & [PROPOSED] CASE MANAGEMENT ORDER NUMBER 1 CASE NO. CV-09-5126-MHP

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3.

Counsel shall call to the attention of the Court and the Clerk the filing or transfer of any

case which might properly be consolidated with the Consolidated Action. Mailing or other delivery of a copy of this Order by Defendants' counsel or Plaintiffs' Co-Lead 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.

II. ORGANIZATION OF PLAINTIFFS' COUNSEL 7 Subject to review and modification by the Court at the first Case Management Conference, 1. There shall be an executive committee of Giskan Solotaroff Anderson & Stewart LLP, 8 KamberLaw LLC, Parisi and Havens LLP, Finkelstein Thompson LLP and the Litigation Law Group. 9 Oren Giskan of Giskan Solotaroff Anderson & Stewart LLP shall serve as chair of the executive 10 committee and as interim lead counsel under Federal Rule of Civil Procedure 23(g)(2) (the "Executive 11 Committee"). The Executive Committee, acting on behalf of plaintiffs, shall have the following duties: 12 a. To coordinate all proceedings, including preparing, structuring, and presenting pretrial 13 and other management related orders; 14 b. To encourage full cooperation and efficiency among all counsel; 15 c. To delegate responsibilities for specific tasks in a manner to assure that pretrial and trial 16 17 preparation is conducted effectively, efficiently, and economically; d. To delegate work responsibilities and monitor the activities of counsel to assure that

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schedules are met and unnecessary expenditures of time and expense are avoided; e. f. time to time; g. To initiate and conduct settlement negotiations with counsel for the Defendant; To designate spokesperson(s) at all court conferences; To call meetings of themselves and/or other counsel as appropriate or necessary from

STIPULATION & [PROPOSED] CASE MANAGEMENT ORDER NUMBER 1 CASE NO. CV-09-5126-MHP

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h.

To determine Plaintiffs' position on all matters arising during this 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. attorneys; n. of this litigation; and o. 3. Such other duties as may be set forth in the Manual for Complex Litig. (2d). To perform such other duties as are necessary in connection with the prosecution 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 cooperating

The chair of the Executive Committee shall be the contact between plaintiffs' counsel and

defendant's counsel as well as the spokesperson for plaintiffs' counsel. All agreements reached with the chair of the Executive Committee shall be binding on all other plaintiffs' counsel in the Consolidated Action. 4. The Executive Committee is hereby designated as the counsel for plaintiffs in the

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Consolidated Action upon whom all notices, orders, pleadings, motions, discovery, and memoranda relating to the Consolidated Action shall be served, and defendant shall effect service of papers on plaintiffs in the Consolidated Action by serving each member of the Executive Committee. 6. 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. 7. No communications among plaintiffs' counsel shall be taken as a waiver of any privilege

or protection to which they would otherwise be entitled. III. MODIFICATION OF THIS ORDER

This Order may be modified, supplemented, or superseded by order of the Court or upon any party for good cause shown.

STIPULATION & [PROPOSED] CASE MANAGEMENT ORDER NUMBER 1 CASE NO. CV-09-5126-MHP

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Dated: January 21, 2010

PARISI & HAVENS LLP

By

/s/ David C. Parisi _ DAVID C. PARISI

GISKAN SOLOTAROFF ANDERSON & STEWART LLP

By

/s/ Oren Giskan OREN GISKAN

KAMBERLAW LLC

By

/s/ Scott Kamber SCOTT KAMBER Attorneys for Plaintiff JOHN KENNEDY

Dated: January 25, 2010 FINKELSTEIN THOMPSON LLP

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UNIT ED

By

/s/ Rosemary M. Rivas ROSEMARY M. RIVAS Attorneys for Plaintiffs JOHN EVERS and EVERETT HORN

PURSUANT TO STIPULATION, IT IS SO ORDERED: AS MODIFIED ABOVE. _________________________________________ Honorable Marilyn H. PatelERED RD
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arilyn H Judge M . Patel

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