Castillo et al v. Seagate Technology, LLC

Filing 19

STIPULATION AND ORDER Consolidating Related Actions. Signed by Judge Richard Seeborg on 6/14/16. (cl, COURT STAFF) (Filed on 6/15/2016)

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DAVID F. MCDOWELL (CA SBN 125806)
[e-mail]
MORRISON & FOERSTER LLP
707 Wilshire Boulevard
Los Angeles, California 90017-3543
Telephone: [phone]
Facsimile: 213.892.5454
TIFFANY CHEUNG (CA SBN 211497)
[e-mail]
ALEXANDRA E. LAKS (CA SBN 291861)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Defendant
SEAGATE TECHNOLOGY LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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EVERETT CASTILLO, LINDA CASTILLO,
and WENDY TRAN, individually and on behalf
of all others similarly situated,
Plaintiffs,

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SEAGATE TECHNOLOGY LLC,

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STIPULATION AND [PROPOSED]
ORDER CONSOLIDATING
RELATED ACTIONS
Judge:
Action Filed:

Hon. Richard Seeborg
April 14, 2016

Defendant.
NICHOLAS DATTOMA, on behalf of himself
and all others similarly situated,

RELATED CASE
Case No.

5:16-cv-02136-RS

Plaintiff,

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3:16-cv-01958-RS

v.

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Case No.

v.

Judge:
Action Filed:

SEAGATE TECHNOLOGY LLC,
Defendant.

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STIPULATION AND [PROPOSED] ORDER CONSOLIDATING RELATED ACTIONS
CASE NO. 3:16-cv-01958-RS
sf-3663925

Hon. Richard Seeborg
April 21, 2016

Pursuant to Federal Rule of Civil Procedure 42(a), Plaintiffs EVERETT CASTILLO,

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LINDA CASTILLO, WENDY TRAN, and NICHOLAS DATTOMA (“Plaintiffs”), on behalf of

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themselves and all others similarly situated, and Defendant Seagate Technology LLC

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(“Seagate”), through their undersigned counsel, hereby stipulate as follows:
WHEREAS, two related putative class actions involving allegations related to Seagate’s

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security practices and a phishing incident are currently pending before this Court, involve the

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same issues of fact and law, and therefore should be consolidated for all purposes;
WHEREAS, the first action, Castillo et al. v. Seagate Technology LLC, No. 3:16-cv-

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01958-RS, was filed on April 14, 2016;
WHEREAS, the second action, Dattoma v. Seagate Technology LLC, No. C5:16-cv-

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02136-RS, was filed on April 21, 2016;
WHEREAS, on May 16, 2016, the Court issued an order relating the above-captioned

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cases, and both are assigned to Judge Richard Seeborg (Castillo Dkt. No. 11; Dattoma Dkt. No.

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10);

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WHEREAS, Seagate’s responses to the Castillo and Dattoma complaints are currently
due on June 15, 2016;
WHEREAS, the parties agree that judicial efficiency would best be served by

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consolidating the above captioned cases and by Plaintiffs filing a Consolidated Complaint, as it

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would be duplicative and wasteful of the Court’s resources for Seagate to respond to and the

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parties to separately litigate the individual complaints;

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WHEREAS, the parties agree that Defendant is no longer required to respond to the
separate complaints on June 15 given Plaintiffs’ agreement to file a Consolidated Complaint;
WHEREAS, the parties agree that Plaintiffs will file the Consolidated Complaint within

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14 days of the Court’s order approving consolidation, and Seagate will have thirty days from the

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date of the filing of the Consolidated Complaint to respond;

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IT IS HEREBY STIPULATED AND AGREED by the parties, through their counsel,

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subject to the approval of the Court, that the Castillo and Dattoma actions should be

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consolidated. Seagate’s June 15 response date is vacated. Plaintiffs will file a Consolidated
STIPULATION AND [PROPOSED] ORDER CONSOLIDATING RELATED ACTIONS
CASE NO. 3:16-cv-01958-RS
sf-3663925

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Complaint within fourteen (14) days of the Court’s order granting consolidation, and Seagate

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will file a response within thirty (30) days thereafter.

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Dated: June 14, 2016

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DAVID F. MCDOWELL
TIFFANY CHEUNG
ALEXANDRA E. LAKS
MORRISON & FOERSTER LLP

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By:

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Attorneys for Defendant
SEAGATE TECHNOLOGY LLC

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/s/ Tiffany Cheung
TIFFANY CHEUNG

Dated: June 14, 2016

ERIC A. GROVER
KELLER GROVER LLP

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By:

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/s/ Eric A. Grover
ERIC A. GROVER
Attorneys for Plaintiff
NICHOLAS DATTOMA

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Dated: June 14, 2016

JEREMIAH FREI-PEARSON
FINKELSTEIN, BLANKINSHIP, FREIPEARSON & GARBER, LLP

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By:

/s/ Jeremiah Frei-Pearson
JEREMIAH FREI-PEARSON
Attorneys for Plaintiff
NICHOLAS DATTOMA

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STIPULATION AND [PROPOSED] ORDER CONSOLIDATING RELATED ACTIONS
CASE NO. 3:16-cv-01958-RS
sf-3663925

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Dated: June 14, 2016

LIONEL Z. GLANCY
MARC L. GODINO
MARK S. GREENSTONE
GLANCY PRONGAY & MURRAY LLP

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By:

/s/ Mark S. Greenstone
MARK S. GREENSTONE
Attorneys for Plaintiffs
EVERETT CASTILLO, LINDA
CASTILLO, and WENDY TRAN

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STIPULATION AND [PROPOSED] ORDER CONSOLIDATING RELATED ACTIONS
CASE NO. 3:16-cv-01958-RS
sf-3663925

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ECF ATTESTATION

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I, Tiffany Cheung, am the ECF User whose ID and password are being used to file the

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following STIPULATION AND [PROPOSED] ORDER CONSOLIDATING RELATED ACTIONS. In

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compliance with Local Rule 5-1(i)(3), I hereby attest that Eric A. Grover, Jeremiah Frei-Pearson,

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and Mark S. Greenstone have concurred in this filing.

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Dated: June 14, 2016

DAVID F. MCDOWELL
TIFFANY CHEUNG
ALEXANDRA E. LAKS
MORRISON & FOERSTER LLP

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By:

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/s/ Tiffany Cheung
TIFFANY CHEUNG
Attorneys for Defendant
SEAGATE TECHNOLOGY LLC

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:

6/14

, 2016
HON. RICHARD SEEBORG
United States District Judge

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STIPULATION AND [PROPOSED] ORDER CONSOLIDATING RELATED ACTIONS
CASE NO. 3:16-cv-01958-RS
sf-3663925

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