Pimental v. Google, Inc. et al

Filing 23

STIPULATION to Consolidate Related Cases, Appoint Interim Lead Counsel, and Authorize Filing of Consolidated Class Action Complaint, filed by Google, Inc., Nicole Pimental, Slide, Inc., Jessica Franklin. (Reis, Sean) (Filed on 9/14/2011) Modified on 9/15/2011 (jlm, COURT STAFF).

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SEAN REIS (SBN 184044)
([e-mail])
EDELSON MCGUIRE, LLP
30021 Tomas Street, Suite 300
Rancho Santa Margarita, California 92688
Telephone: [phone]
Facsimile: [phone]
[Additional counsel appearing on signature page]
Attorneys for Plaintiffs NICOLE PIMENTAL,
JESSICA FRANKLIN and the Putative Classes

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NICOLE PIMENTAL, individually and on
behalf of all others similarly situated,

Class Action

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Plaintiff,
STIPULATION TO CONSOLIDATE
RELATED CASES, APPOINT INTERIM
LEAD COUNSEL AND AUTHORIZE
GOOGLE, INC., a Delaware corporation, and FILING OF PLAINTIFFS’
SLIDE, INC., a Delaware Corporation,
CONSOLIDATED COMPLAINT
vs.

Defendants.
__________________________________
JESSICA FRANKLIN, individually and on
behalf of all others similarly situated,
Plaintiff,

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Case No.: 11-cv-02585-SBA

vs.
GOOGLE, INC., a Delaware corporation, and
SLIDE, INC., a Delaware Corporation,
Defendants.

Case No.: 11-cv-3333-SBA
Class Action

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WHEREAS, the above-captioned related class action lawsuits (the “Actions”)
presently are pending before this Court;
WHEREAS, Federal Rule of Civil Procedure 42(a) provides for consolidation of
actions and for any other orders to avoid unnecessary cost or delay;

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WHEREAS, the prerequisites for consolidation under Federal Rule of Civil

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Procedure 42(a) are satisfied here in that (i) the defendants in both Actions are the same; (ii)

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both cases raise the same or similar issues and call for determination of the same or

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substantially similar questions of law and fact; (iii) both cases arise out of the defendants’

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uniform conduct; (iii) plaintiffs each allege the same or similar causes of action and seek

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nearly identical relief; and (iv) plaintiff Franklin has filed a Notice of Related Actions with

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her complaint informing the Court that the Actions are related;

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WHEREAS, in determining whether to consolidate, the Court also may consider

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whether consolidation will (1) conserve judicial resources by avoiding unnecessary

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duplication of evidence and procedures; and (2) avoid the substantial danger of inconsistent

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results if the cases are tried separately;

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WHEREAS, those prerequisites are satisfied here in that consolidation will (i) reduce

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the number of pretrial and discovery motions to be decided, avoid duplicative discovery and

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motion practice related to class action issues, and significantly trim clerical and

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administrative management duties; (ii) reduce the confusion, cost and delay that may result

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from prosecuting these related putative class actions separately and will avoid duplication of

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labor and the risk of inconsistent rulings; and (iii) reduce the burdens of discovery

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management in that a single consolidated complaint can serve as a reference point;

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WHEREAS, Federal Rule of Civil Procedure 23(g)(3) permits the Court to appoint

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interim lead counsel in purported class actions pending certification, and the Manual for

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Complex Litigation (Fourth) §21.11 (2004) states that “designation of interim counsel

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clarifies responsibility for protecting the interest of the class during pre-certification

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CONSOLIDATED CLASS ACTION COMPLAINT

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activities, such as making and responding to motions, conducting any necessary discovery,

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moving for class certification, and negotiating settlement”;

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WHEREAS, the criteria for appointing interim lead counsel are the same as those set

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forth in Federal Rule of Civil Procedure 23(g)(1)(A)(i)-(iv) for appointing lead counsel,

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namely: the work counsel has done in identifying or investigating potential claims in the

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case; counsel's experience in handling class actions, other complex litigation and claims of

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the type asserted in the action; counsel's knowledge of the applicable law; and the resources

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counsel will commit to representing the class; and

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WHEREAS, both Edelson McGuire, LLP and Weiss & Lurie represent that they

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satisfy these criteria (and Defendants take no position on these representations at this time) in

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that: both firms have independently investigated and brought suit on the claims which form

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the basis of these Actions; have extensive experience litigating class actions and other

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complex cases, including claims under the federal Telephone Consumer Protection Act, 47

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U.S.C. §227, et seq.; have repeatedly been appointed by federal and state courts to serve as

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lead or co-lead counsel; have successfully litigated hundreds of cases and recovered well in

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excess of a billion dollars on behalf of their clients; and are committed to, and have the

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financial and human resources to, fairly and adequately represent the Plaintiffs and the

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putative Class in this action;

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WHEREFORE, Plaintiffs Nicole Pimental and Jessica Franklin, and Defendants

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Google Inc. and Slide, Inc., through their respective counsel, and subject to approval by this

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Court, hereby stipulate and agree that: the Actions shall be consolidated; Edelson McGuire,

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LLP shall serve as interim lead counsel for the Plaintiffs and the Class; Weiss & Lurie shall

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serve as interim liaison counsel for the Plaintiffs and the Class; and Plaintiffs shall file a

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Consolidated Complaint by September 14, 2011, unless otherwise stipulated.

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CONSOLIDATED CLASS ACTION COMPLAINT

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Dated: September 14, 2011

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By: /s/ Sean P. Reis
Sean Patrick Reis
30021 Tomas Street, Suite 300
Rancho Santa Margarita, CA 92688
Telephone: [phone]

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Attorneys for Plaintiff Nicole Pimental
Dated: September 14, 2011

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Stefan Colemen
[e-mail]
LAW OFFICES OF STEFAN COLEMAN, PLLC
1072 Madison Ave, Suite 1
Lakewood, NJ 08701
Attorneys for Plaintiff Jessica Franklin

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Bobbie J. Wilson
[e-mail]
PERKINS COIE LLP

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WEISS & LURIE
Jordan L. Lurie
[e-mail]
Joel E. Elkins
[e-mail]
By: /s/ Jordan L. Lurie
Jordan L. Lurie
10940 Wilshire Blvd., 23rd Floor
Los Angeles, CA 90024
Telephone:
[phone]

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Sean Patrick Reis
[e-mail]
EDELSON MCGUIRE, LLP

Dated: September 14, 2011

By:

/s/ Bobbie J. Wilson
Bobbie J. Wilson
Perkins Coie LLP
Four Embarcadero Center
24th Floor
San Francisco, California 94111-4024
Telephone: [phone]
Attorneys for Defendants Google, Inc. and Slide, Inc.

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CONSOLIDATED CLASS ACTION COMPLAINT

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CERTIFICATE OF SERVICE
I, Sean P. Reis, an attorney, hereby certify that on September 14, 2011, I served the above
and foregoing Stipulation to Consolidate Related Cases, Appoint Interim Lead Counsel, and
Authorize Filing of Plaintiffs’ Consolidated Complaint, by causing true and accurate copies of
such paper to be filed with the Court and transmitted to all counsel of record via the Court’s
CM/ECF electronic filing system on this the 14th day of September, 2011.

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/s/ Sean P. Reis

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CONSOLIDATED CLASS ACTION COMPLAINT

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