In re Carrier IQ, Inc., Consumer Privacy Litigation
Filing
1
TRANSFER ORDER from the Judicial Panel on Multi District Litigation, pursuant to 28 U.S.C. 1407, that the action is transferred to the Northern District of California creating MDL No. 3:12-md-2330 EMC. (slh, COURT STAFF) (Filed on 4/20/2012)
Case CAN/5:11-cv-05774 Document 82 Filed 04/16/12 Page 1 of 4
UNITED STATES JUDICIAL PANEL
on
MULTIDISTRICT LITIGATION
IN RE: CARRIER IQ, INC., CONSUMER
PRIVACY LITIGATION
MDL No. 2330
TRANSFER ORDER
Before the Panel:* Pursuant to 28 U.S.C. § 1407, plaintiffs in the Northern District of
California Pipkin action move to centralize this litigation in the Northern District of California.
Plaintiffs in the District of Delaware Pacilli action move for centralization in either the Northern
District of California or the Northern District of Illinois. This litigation currently consists of eighteen
actions pending in ten districts, as listed on Schedule A.1 All parties support centralization, but they
disagree as to the appropriate transferee district.
Plaintiffs in three Northern District of California actions, as well as seven related actions,
support centralization in the Northern District of California.2 Common defendant Carrier IQ, Inc.,
as well as manufacturer defendants Apple, Inc.; LG Electronics Mobile Research U.S.A. LLC; LG
Electronics Mobilecomm U.S.A., Inc.; LG Electronics U.S.A., Inc.; and HTC America, Inc., also
support centralization in the Northern District of California. Defendants Samsung Electronics
America, Inc., and Samsung Telecommunications America, Inc., support centralization but take no
position regarding the transferee district.
Plaintiffs in six actions and thirteen related actions pending in several districts support
centralization in the Northern District of Illinois. Plaintiffs in two related actions in the Central
District of California support centralization in the Central District of California. Plaintiffs in two
related actions in the Northern District of Texas support centralization in that district.
On the basis of the papers filed and hearing session held, we find that these actions involve
common questions of fact, and that centralization of all actions in the Northern District of California
will serve the convenience of the parties and witnesses and promote the just and efficient conduct of
this litigation. All the actions are putative nationwide class actions, as well as various state
*
Judges John G. Heyburn II and Charles R. Breyer took no part in the decision of this matter.
1
The parties have notified the Panel of 53 additional related actions, pending in various
districts. These actions and any other related actions are potential tag-along actions. See Rule 7.1,
R.P.J.P.M.L.
2
The plaintiffs in the Northern District of California Kleer related action alternatively support
centralization in the Central District of California.
Case CAN/5:11-cv-05774 Document 82 Filed 04/16/12 Page 2 of 4
-2subclasses, in which plaintiffs allege that defendants tracked and recorded private user information
on mobile communication devices – including users’ location, keystrokes, message content, and data
– using Carrier IQ software. Centralization will eliminate duplicative discovery; prevent inconsistent
pretrial rulings, including with respect to class certification; and conserve the resources of the parties,
their counsel, and the judiciary.
We are persuaded that the Northern District of California, which enjoys the support of several
responding plaintiffs and defendants, is an appropriate transferee district. Numerous actions and
potential tag-along actions are pending in this district, where common defendant Carrier IQ and other
manufacturer defendants are headquartered or have a significant presence. Presumably, relevant
documents and witnesses are located in this district. Further, by selecting Judge Edward M. Chen
to preside over this litigation, we are choosing a jurist experienced in multidistrict litigation, but
without a current MDL assignment, to steer this litigation on a prudent course.
IT IS THEREFORE ORDERED that pursuant to 28 U.S.C. § 1407, the actions listed in
Schedule A are transferred to the Northern District of California and, with the consent of that court,
assigned to the Honorable Edward M. Chen for coordinated or consolidated pretrial proceedings.
PANEL ON MULTIDISTRICT LITIGATION
_________________________________________
Kathryn H. Vratil
Acting Chairman
W. Royal Furgeson, Jr.
Paul J. Barbadoro
Barbara S. Jones
Marjorie O. Rendell
Case CAN/5:11-cv-05774 Document 82 Filed 04/16/12 Page 3 of 4
IN RE: CARRIER IQ, INC., CONSUMER
PRIVACY LITIGATION
SCHEDULE A
Northern District of California
Rowena Silvera, et al. v Carrier IQ, Inc., et al., C.A. No. 5:11-05821
Patrick Kenny, et al. v. Carrier IQ, Inc., et al., C.A. No. 5:11-05774
Eric Steiner v. Carrier IQ, Inc., C.A. No. 5:11-05802
Eric Thomas, et al. v. Carrier IQ Inc., et al., C.A. No. 5:11-05819
Daniel Pipkin, et al. v. Carrier IQ, Inc., et al., C.A. No. 5:11-05820
Jennifer Sue Patrick, et al. v. Carrier IQ, Inc., C.A. No. 5:11-05842
Lindsay Padilla, et al. v. Carrier IQ, Inc., C.A. No. 5:11-05975
District of Connecticut
Ryan McKeen v. Carrier IQ, Inc., et al., C.A. No. 3:11-01895
District of Delaware
Jeffrey Pacilli, et al. v. Carrier IQ Inc., et al., C.A. No. 1:11-01199
Southern District of Florida
Craig Schmidt, et al. v. Carrier IQ, Inc., et al., C.A. No. 1:11-24352
Northern District of Illinois
Erin Janek v. Carrier IQ, Inc., et al., C.A. No. 1:11-08564
Jeffrey Wilson v. Carrier IQ, Inc., C.A. No. 1:11-08579
Southern District of Illinois
Justin Conley, et al. v. Carrier IQ, Inc., C.A. No. 3:11-01059
District of Massachusetts
Dylan T. Ferreira v. Carrier IQ, Inc., C.A. No. 1:11-12146
Joshua Libby v. Carrier IQ, Inc., C.A. No. 1:11-12150
Eastern District of Missouri
Margaret Elliott, et al. v. Carrier IQ, Inc., et al., C.A. No. 4:11-02095
MDL No. 2330
Case CAN/5:11-cv-05774 Document 82 Filed 04/16/12 Page 4 of 4
- A2 MDL No. 2330 Schedule A (Continued)
District of Rhode Island
Melissa J. Link v. Carrier IQ, Inc., et al., C.A. No. 1:11-0603
Eastern District of Texas
Joseph Cosme v. Carrier IQ, Inc., et al., C.A. No. 1:11-0689
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