Romack v. Bitcasa, Inc

Filing 6

ORDER GRANTING TEMPORARY RESTRAINING ORDER AND SETTING HEARING re 3 Ex Parte Motion for Temporary Restraining Order. Response due by 11/18/2014 at 3:00 p.m. Temporary Restraining Order Hearing set for 11/19/2014 10:00 AM.. Signed by Judge Alsup on November 13, 2014. (whalc1, COURT STAFF) (Filed on 11/13/2014) .

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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SHAWN ROMACK, individually and on
behalf of all others similarly situated,

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Plaintiff,

No. C 14-05005 WHA

v.
BITCASA, INC,

ORDER GRANTING TEMPORARY
RESTRAINING ORDER AND SETTING
HEARING

Defendant.
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On November 13, plaintiff Shawn Romack commenced this putative class action alleging

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that defendant Bitcasa, Inc. abruptly announced that it was eliminating a cloud data storage plan.

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The complaint alleged breach of contract, breach of the implied covenant of good faith and fair

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dealing, and violation of California Business and Professions Code Section 17200, et seq.

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Plaintiff also filed an ex parte motion for a temporary restraining order seeking to (1) enjoin

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defendant from deleting, disabling, or impeding access to any data or content stored on, or

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uploaded to, Bitcasa’s cloud computing platform or other similar systems, by plaintiff and other

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Infinite plan subscribers, for fourteen days from the date of this order and (2) order defendant to

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meet-and-confer with plaintiff within ten days of this order regarding an agreement on a

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reasonably sufficient period of time for plaintiff and other Infinite plan subscribers to remove

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their data from Bitcasa’s cloud computing platform or other similar systems. The cost of

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plaintiff’s one-year subscription to the Infinite plan was $99. Bitcasa allegedly informed plaintiff

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that he must retrieve all of his data (between seven and eight terabytes of data) before
November 15, 2014, otherwise it would be deleted (Romack Decl. ¶¶ 2, 3, 5, 9, 8).

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To the extent stated, plaintiff’s motion for a temporary restraining order is hereby

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GRANTED. By NOVEMBER 14, 2014, plaintiff shall (1) serve defendant with the complaint,

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motion for a temporary restraining order, and this order and (2) post a $99 bond with the Clerk of

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Court. Defendant has until 3:00 P.M. ON NOVEMBER 18, 2014, to file a response to the motion.

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A hearing is hereby set for 10:00 A.M. ON WEDNESDAY, NOVEMBER 19, 2014. Please report to

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Courtroom 8, on the 19th Floor, Phillip Burton Federal Building, 450 Golden Gate Avenue, San

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Francisco, CA 94102.

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Defendant Bitcasa is hereby ENJOINED from deleting, disabling, or impeding access to

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any data or content stored on, or uploaded to, Bitcasa’s cloud computing platform, by plaintiff

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For the Northern District of California

United States District Court

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and other Infinite plan subscribers, until November 20, 2014.
A companion notice sets forth some guidance regarding factors to be evaluated for any
proposed class settlement. Please remember, however, that no class has been certified.

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IT IS SO ORDERED.

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Dated: November 13, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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