Swift v. Zynga Game Network, Inc. et al

Filing 109

STIPULATION AND ORDER re 108 Stipulation to Stay Proceedings filed by KITN Media USA, Inc., Adknowledge, Inc. Signed by Judge Elizabeth D Laporte on 11/4/2011. (kns, COURT STAFF) (Filed on 11/4/2011)

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Derek A. Newman, State Bar No. 190467
[e-mail]
Derek Linke (pro hac vice)
[e-mail]
NEWMAN DU WORS LLP
1201 Third Avenue, Suite 1600
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
ADKNOWLEDGE, INC. and
KITN MEDIA USA, INC.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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REBECCA SWIFT, on behalf of herself and
all other similarly situated,
Plaintiff,

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v.

NO. 4:09-CV-05443 EDL
STIPULATION FOR STAY OF
PROCEEDINGS PENDING
RULING BY COURT OF
APPEALS

ZYNGA GAME NETWORK, INC.;
ADKNOWLEDGE, INC., D/B/A SUPER
REWARDS; KITN MEDIA USA, INC.
D/B/A SUPER REWARDS,
Defendants.

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-1STIPULATION TO STAY PROCEEDINGS PENDING APPEAL

I.

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STIPULATION

Plaintiff Rebecca Swift and Defendants Adknowledge, Inc. and KITN Media

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USA, Inc. (“Defendants”), through their respective counsel, hereby make the following

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stipulation in order to preserve judicial economy and avoid the unnecessary litigation of

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issues in this Court which the Ninth Circuit may later decide are the proper subject of

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arbitration:

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WHEREAS, this Court, by its August 4, 2011 “Order Granting Zynga’s Motion to

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Compel Arbitration; Granting in Part and Denying in Part Other Defendants’ Parallel

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Motion to Stay; Denying as Moot: (1) Motion to Compel Discovery, (2) Motion to Hear

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Cross-Motion to Stay Discovery on Shortened Time, (3) Motion to Stay Discovery;

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Granting Motion to Seal” (the “Order”), (Dkt. No. 94), denied Defendants’ request to

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compel arbitration of Swift’s claims against Defendants;

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WHEREAS, on August 10, 2011, Defendants filed a Notice of Appeal of this
Court’s Order;
WHEREAS, it is in the best interests of judicial economy to stay all proceedings

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in the District Court in the above-captioned action until the Ninth Circuit rules on

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Defendants’ appeal;

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WHEREAS, Plaintiff and Defendants have mutually agreed to a stay of all
proceedings in this action during appellate proceedings;
WHEREAS, pursuant to L.R. 6-2(a), this stipulation is accompanied by the
Declaration of Derek Linke in support thereof, which sets forth all relevant facts;

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THEREFORE, IT IS HEREBY STIPULATED by Plaintiff and Defendants

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through their counsel of record and subject to the Court’s approval pursuant to L.R. 6-2,

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that all proceedings in the District Court in the above-captioned action between Plaintiff

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and Defendants are stayed until the Ninth Circuit Court of Appeals issues a decision on

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Defendants’ appeal of this Court’s August 4, 2011 Order.

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The parties jointly request that this Court enter an order reflecting the parties’
stipulation.
-2STIPULATION TO STAY PROCEEDINGS PENDING APPEAL

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NEWMAN DU WORS LLP

DATED: November 1, 2011

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By:

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Attorneys for Defendants
ADKNOWLEDGE, INC. and
KITN MEDIA USA, INC.

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s/ Derek Linke
Derek A. Newman, State Bar No. 190467
Derek Linke, (pro hac vice)

In accordance with General Order No. 45, Section X(B), the above signatory

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attests that concurrence in the filing of this document has been obtained from the

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signatories below.

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DATED: November 1, 2011

NEWMAN DU WORS LLP

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By:

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Attorneys for Defendants
ADKNOWLEDGE, INC. and
KITN MEDIA USA, INC.

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s/ Derek Linke
Derek A. Newman, State Bar No. 190467
Derek Linke, (pro hac vice)

KERSHAW, CUTTER & RATINOFF LLP

DATED: November 1, 2011

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By:

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s/ John R. Parker, Jr.
John R. Parker, Jr., State Bar No. 257761
Attorneys for Plaintiff
REBECCA SWIFT

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S

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. Laport

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DERED
SO OR
THE HON. ELIZABETH LAPORTE
IT IS
United States District Court Magistrate Judge

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By:

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DATED: November 4, 2011

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S DISTRICT
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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ORDER

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II.

UNIT
ED

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F
D IS T IC T O
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-3STIPULATION TO STAY PROCEEDINGS PENDING APPEAL

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