Reaves et al v. Sony Computer Entertainment America LLC et al

Filing 10

STIPULATION AND ORDER STAYING LITIGATION AND RESETTING CMC re 9 Stipulation filed by Danielle Bogan, Quentin Reaves. Signed by Judge Edward M. Chen on 7/28/11. (bpf, COURT STAFF) (Filed on 7/28/2011)

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Mark A. Chavez (SBN 90858)
Nance F. Becker (SBN 99292)
CHAVEZ & GERTLER LLP
42 Miller Avenue
Mill Valley, CA 94941
P: 415.381.5599
[e-mail]
[e-mail]
Additional Counsel Listed on Signature Page

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Attorneys for Plaintiffs

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Rocky C. Tsai (SBN 221452)
ROPES & GRAY LLP
Three Embarcadero Center, Suite 300
San Francisco, CA 94111-4006
P: 415.315.6358
[e-mail]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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QUENTIN REAVES, DANIELLE
BOGAN, and ROBERT MAYO, on behalf
of themselves and all others similarly
situated,
Plaintiffs,
v.
SONY COMPUTER ENTERTAINMENT
AMERICA LLC, a Delaware Limited
Liability Company; and SONY
NETWORK ENTERTAINMENT
INTERNATIONAL LLC, a Delaware
Limited Liability Company.

CASE NO.: 11-cv-02254-EMC
CLASS ACTION
JOINT STIPULATION AND
[PROPOSED] ORDER FOR
LITIGATION STAY PENDING
RESOLUTION OF THE JUDICIAL
PANEL ON MULTIDISTRICT
LITIGATION’S DECISION ON
TRANSFER ; ORDER RESETTING CMC

Defendants.

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JOINT STIPULATION & [PROPOSED] ORDER FOR LITIGATION STAY
Reaves v. Sony; Case No.:11-cv-02254-EMC

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WHEREAS, on May 6, 2011, Plaintiffs, Quentin Reaves, Danielle Bogan and Robert Mayo

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("Plaintiffs") filed a class action complaint against Sony Computer Entertainment America LLC

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and Sony Network Entertainment International LLC (“Defendants”) (collectively, the “Parties”);

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WHEREAS, Defendants, as well as certain related entities (collectively, the “Sony

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Defendants”), have been named as defendants in at least 61 related class action lawsuits, including

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this action, pending in district courts throughout the United States;

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WHEREAS, a motion pursuant to 28 U.S.C. §1407 is currently pending before the Judicial
Panel on Multidistrict Litigation (the “Panel”) to centralize this action and the other referenced

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matters.

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Customer Data Security Breach Litigation (MDL No. 2258) is scheduled before the Panel on July

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28, 2011, in San Francisco, California;

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A hearing on the motion for centralization in In Re: Sony Gaming Networks and

WHEREAS, a ruling is expected from the Panel within a short period of time after the

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hearing, such that any stay of proceedings in this case is expected to be limited in duration. The

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parties will promptly advise the Court regarding the Panel's resolution of the motion to centralize
the related matters;
WHEREAS, based on the Court’s May 6, 2011 Order Settling Initial Case Management

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Conference and ADR Deadlines, (Docket No. 3), there are several imminent deadlines in this case,

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including July 27, 2011 to meet and confer pursuant to Rule 26(f) and to file an ADR Certification;

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August 10, 2011 to file a Rule 26(f) Report; and August 17, 2011 for an Initial Case Management

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Conference;

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WHEREAS, on July 19, 2011, counsel for Plaintiffs and Defendants’ counsel met and
conferred by email, and agreed to a litigation stay, subject to approval of the Court.
IT IS THEREFORE STIPULATED AND AGREED, by and between the undersigned,
subject to approval of the Court, that all proceedings in this case are stayed pending the Judicial

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JOINT STIPULATION & [PROPOSED] ORDER FOR LITIGATION STAY
Reaves v. Sony; Case No.:11-cv-02254-EMC

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Panel on Multidistrict Litigation’s ruling upon the motion to centralize the related matters and, if

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centralized, such further scheduling as may be set by the Court before which the related matters are

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centralized. A stay of this action will not prejudice any of the parties and will conserve judicial

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time and resources by avoiding duplicative litigation if the cases are ultimately centralized by the

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Panel.

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DATED: July 25, 2011

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Respectfully submitted,
By the Plaintiffs,
CHAVEZ & GERTLER LLP
/s/ Mark A. Chavez
Mark A. Chavez (SBN 90858)
42 Miller Avenue
Mill Valley, CA 94941
P: 415.381.5599
[e-mail]

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Respectfully submitted,
By the Defendants,

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/s/ Rocky C. Tsai
Rocky C. Tsai (SBN 221452)
Ropes & Gray LLP
Three Embarcadero Center, Suite 300
San Francisco, CA 94111-4006
P: 415.315.6358
F: 415.315.6350
[e-mail]

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Additional Counsel for Plaintiffs
RODDY KLEIN & RYAN
Gary Klein (to be admitted Pro Hac Vice)
Shennan Kavanagh (to be admitted Pro Hac
Vice)
727 Atlantic Avenue, 2nd Floor
Boston, MA 02111
P: 617.357.5500
F: 617.357.5030
[e-mail]
[e-mail]

EAGAN, DONOHUE, VAN DYKE &
FALSEY, LLP
Peter Van Dyke (to be admitted Pro Hac
Vice)
24 Arapahoe Road
West Hartford, CT 06107
P: 860.232.7200
F: 860.232.0214
[e-mail]

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JOINT STIPULATION & [PROPOSED] ORDER FOR LITIGATION STAY
Reaves v. Sony; Case No.:11-cv-02254-EMC

[PROPOSED] ORDER

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The Court has reviewed the Parties’ Joint Stipulation for Litigation Stay Pending the

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Resolution of the Judicial Panel on Multidistrict Litigation’s decision on transfer. Good cause

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appearing, the Court hereby enters the Parties’ Stipulation. All proceedings in this case are

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accordingly stayed pending the Judicial Panel on Multidistrict Litigation’s decision on transfer.

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The parties shall promptly advise the Court regarding the Panel's resolution of the motion to

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, 2011

Honorable Edward M. Chen
ERED
UNITED STATES IS SO ORD
DISTRICT COURT JUDGE

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IT

NO

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RT

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D
AS MO

IFIED

dward
Judge E

ER

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n

M. Che

A

H

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R NIA

7/28

UNIT
ED

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Dated:

S DISTRICT
TE
C
TA

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U
O

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FO

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centralize the related matters . The CMC set for 8/17/11 is reset for 1/27/12 at 9:00 a.m. A joint
CMC statement shall be filed by 1/20/12.
IT IS SO ORDERED.

LI

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N

D IS T IC T
R

OF

C

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JOINT STIPULATION & [PROPOSED] ORDER FOR LITIGATION STAY
Reaves v. Sony; Case No.:11-cv-02254-EMC

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SIGNATURE ATTESTATION
I, Mark Chavez, am the ECF User whose ID and password are being used to file

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this JOINT STIPULATION AND [PROPOSED] ORDER FOR LITIGATION STAY

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PENDING THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION’S

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DECISION ON TRANSFER. In compliance with General Order 45, X.B., I hereby attest

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that Rocky C. Tsai has concurred in this filing.

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/s/ Mark A. Chavez
Mark A. Chavez

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CERTIFICATE OF SERVICE
I, Mark Chavez, hereby certify that on July 25, 2011, the foregoing document was
filed electronically via the Court’s ECF system. Notice of this filing will be sent to all
registered users through the ECF system.

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/s/ Mark A. Chavez
Mark A. Chavez

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JOINT STIPULATION & [PROPOSED] ORDER FOR LITIGATION STAY
Reaves v. Sony; Case No.:11-cv-02254-EMC