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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1 2 3 4 5 6 7 SEAN REIS (SBN 184044) (sreis@edelson.com) EDELSON MCGUIRE, LLP 30021 Tomas Street, Suite 300 Rancho Santa Margarita, California 92688 Telephone: (949) 459-2124 Facsimile: (949) 459-2123 [Additional counsel appearing on signature page] Attorneys for Plaintiffs NICOLE PIMENTAL, JESSICA FRANKLIN and the Putative Classes 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 NICOLE PIMENTAL, individually and on behalf of all others similarly situated, Class Action 12 13 14 15 16 17 18 19 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, 20 21 22 23 24 25 26 27 28 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 1 2 3 4 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; 5 WHEREAS, the prerequisites for consolidation under Federal Rule of Civil 6 Procedure 42(a) are satisfied here in that (i) the defendants in both Actions are the same; (ii) 7 both cases raise the same or similar issues and call for determination of the same or 8 substantially similar questions of law and fact; (iii) both cases arise out of the defendants’ 9 uniform conduct; (iii) plaintiffs each allege the same or similar causes of action and seek 10 nearly identical relief; and (iv) plaintiff Franklin has filed a Notice of Related Actions with 11 her complaint informing the Court that the Actions are related; 12 WHEREAS, in determining whether to consolidate, the Court also may consider 13 whether consolidation will (1) conserve judicial resources by avoiding unnecessary 14 duplication of evidence and procedures; and (2) avoid the substantial danger of inconsistent 15 results if the cases are tried separately; 16 WHEREAS, those prerequisites are satisfied here in that consolidation will (i) reduce 17 the number of pretrial and discovery motions to be decided, avoid duplicative discovery and 18 motion practice related to class action issues, and significantly trim clerical and 19 administrative management duties; (ii) reduce the confusion, cost and delay that may result 20 from prosecuting these related putative class actions separately and will avoid duplication of 21 labor and the risk of inconsistent rulings; and (iii) reduce the burdens of discovery 22 management in that a single consolidated complaint can serve as a reference point; 23 WHEREAS, Federal Rule of Civil Procedure 23(g)(3) permits the Court to appoint 24 interim lead counsel in purported class actions pending certification, and the Manual for 25 Complex Litigation (Fourth) §21.11 (2004) states that “designation of interim counsel 26 clarifies responsibility for protecting the interest of the class during pre-certification 27 28 CONSOLIDATED CLASS ACTION COMPLAINT -2- 1 activities, such as making and responding to motions, conducting any necessary discovery, 2 moving for class certification, and negotiating settlement”; 3 WHEREAS, the criteria for appointing interim lead counsel are the same as those set 4 forth in Federal Rule of Civil Procedure 23(g)(1)(A)(i)-(iv) for appointing lead counsel, 5 namely: the work counsel has done in identifying or investigating potential claims in the 6 case; counsel's experience in handling class actions, other complex litigation and claims of 7 the type asserted in the action; counsel's knowledge of the applicable law; and the resources 8 counsel will commit to representing the class; and 9 WHEREAS, both Edelson McGuire, LLP and Weiss & Lurie represent that they 10 satisfy these criteria (and Defendants take no position on these representations at this time) in 11 that: both firms have independently investigated and brought suit on the claims which form 12 the basis of these Actions; have extensive experience litigating class actions and other 13 complex cases, including claims under the federal Telephone Consumer Protection Act, 47 14 U.S.C. §227, et seq.; have repeatedly been appointed by federal and state courts to serve as 15 lead or co-lead counsel; have successfully litigated hundreds of cases and recovered well in 16 excess of a billion dollars on behalf of their clients; and are committed to, and have the 17 financial and human resources to, fairly and adequately represent the Plaintiffs and the 18 putative Class in this action; 19 WHEREFORE, Plaintiffs Nicole Pimental and Jessica Franklin, and Defendants 20 Google Inc. and Slide, Inc., through their respective counsel, and subject to approval by this 21 Court, hereby stipulate and agree that: the Actions shall be consolidated; Edelson McGuire, 22 LLP shall serve as interim lead counsel for the Plaintiffs and the Class; Weiss & Lurie shall 23 serve as interim liaison counsel for the Plaintiffs and the Class; and Plaintiffs shall file a 24 Consolidated Complaint by September 14, 2011, unless otherwise stipulated. 25 26 27 28 CONSOLIDATED CLASS ACTION COMPLAINT -3- 1 Dated: September 14, 2011 2 By: /s/ Sean P. Reis Sean Patrick Reis 30021 Tomas Street, Suite 300 Rancho Santa Margarita, CA 92688 Telephone: (949) 459-2124 3 4 5 6 7 8 Attorneys for Plaintiff Nicole Pimental Dated: September 14, 2011 9 10 12 13 14 Stefan Colemen law@stefancoleman.com LAW OFFICES OF STEFAN COLEMAN, PLLC 1072 Madison Ave, Suite 1 Lakewood, NJ 08701 Attorneys for Plaintiff Jessica Franklin 15 16 17 18 Bobbie J. Wilson bwilson@perkinscoie.com PERKINS COIE LLP 19 20 22 23 24 25 WEISS & LURIE Jordan L. Lurie jlurie@weisslurie.com Joel E. Elkins jlurie@weisslurie.com By: /s/ Jordan L. Lurie Jordan L. Lurie 10940 Wilshire Blvd., 23rd Floor Los Angeles, CA 90024 Telephone: (310) 208-2800 11 21 Sean Patrick Reis sreis@edelson.com 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: (415) 344-7166 Attorneys for Defendants Google, Inc. and Slide, Inc. 26 27 28 CONSOLIDATED CLASS ACTION COMPLAINT -4- 1 2 3 4 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. 5 /s/ Sean P. Reis 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CONSOLIDATED CLASS ACTION COMPLAINT -5-

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