Hibnick v. Google Inc.

Filing 19

MOTION for Entry of [proposed] pretrial Order No. 1; Memorandum of Points and Authorities in Support of Motion for Entry of Pretrial Order No. 1 filed by Eva Hibnick, Andranik Souvalian. Motion Hearing set for 7/12/2010 10:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 [Proposed] Pretrial Order No. 1)(Ram, Michael) (Filed on 5/7/2010) Modified on 5/10/2010,(counsel selected incorrect event.) (cv, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Gary E. Mason (pro hac vice) gmason@masonlawdc.com Donna F. Solen (pro hac vice) dsolen@masonlawdc.com MASON LLP 1625 Massachusetts Ave., NW Washington, DC 20036 Telephone: (202) 429-2290 Facsimile: (202) 429-2294 Michael F. Ram (SBN 104805) mram@ramolson.com RAM & OLSON LLP 555 Montgomery Street, Suite 820 San Francisco, California 94111 Telephone: (415) 433-4949 Facsimile: (415) 433-7311 [Additional Counsel listed on signature page] Attorneys for Plaintiff and the Proposed Class THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION EVA HIBNICK and ANDRANIK SOUVALIAN, individually and on behalf of all others similarly situated, Plaintiffs, v. GOOGLE, INC., Defendant. Date: Time: Place: July 12, 2010 10:00am Courtroom 8, 4th Floor [Hon. James Ware] Case No.: 10-CV-00672-JW [PROPOSED] PRETRIAL ORDER NO. 1 Original Complaint Filed: 02/17/10 AND NOW, this 6 day of May 2010, IT IS ORDERED as follows: 1. The above-captioned case and the related case, Feldman v. Google, Inc., 10-cv-01433 (N.D. Cal. April 5, 2010), are, until further notice order, hereby CONSOLIDATED for pretrial purposes. 2. The clerk shall maintain a master docket and case file under the style "In re Google Buzz 1 [PROPOSED] PRETRIAL ORDER NO. 1 10-cv-00672-jw 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 User Privacy Litigation." All pleadings, orders, motions and other documents filed and docketed in the master case file shall bear the following caption: IN RE GOOGLE BUZZ USER PRIVACY LITIGATION ) Case No. 10-CV-00672-JW ) ) _____________________________________________________ ) ) THIS DOCUMENT RELATES TO: ) ) ) ________________________________________________ All such documents will be deemed filed and docketed in each individual case to the extent possible. 3. Orders, pleadings, motions, and other documents will bear a caption similar to that of the caption set forth above in paragraph 2 of this Order. If generally applicable to all consolidated actions, they shall include in their caption the notation that they relate to "ALL CASES" and be filed and docketed only in the master file. Documents intended to apply only to particular cases will indicate in their caption the case number of the case(s) to which they apply, and extra copies shall be provided to the clerk to facilitate filing and docketing both in the master case file and the specified individual case files. 4. Discovery requests and responses will not be filed with the court except when specifically ordered by the Court or to the extent offered in connection with a motion. 5. To act on behalf of the Plaintiffs with the responsibilities described herein, the court designates as: a. Lead Counsel: Gary E. Mason Mason LLP 1625 Massachusetts Avenue, Suite 605 Washington, DC 20036 Tel: 202-429-2990 b. Liaison Counsel: Michael Ram Ram & Olson LLP 639 Front Street, 4th Floor Tel: 415-433-4949 2 [PROPOSED] PRETRIAL ORDER NO. 1 10-cv-00672-jw 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. c. Members of Plaintiffs' Steering Committee: Gary E. Mason Mason LLP 1625 Massachusetts Avenue, Suite 605 Washington, DC 20036 Tel: 202-429-2990 Michael Ram Ram & Olson LLP 639 Front Street, 4th Floor Tel: 415-433-4949 Andrew S. Kierstead Law Office of Andrew Kierstead 1001 SW 5th Ave., Suite 1100 Portland, OR 97204 Tel: 508-224-6246 Jonathan Shub Shub Law LLC 1818 Market Street, 13th Floor Philadelphia, PA 19102 Tel: 610-453-6551 Peter N. Wasylyk Law Offices of Peter N. Wasylyk 1307 Chalkstone Avenue Providence, RI 02908 Tel: 401-831-7730 William Rubenstein 1545 Massachusetts Avenue Cambridge, MA 02138 Tel: 617- 496-7320 Interim Lead Counsel shall be responsible for the overall conduct of the litigation on behalf of Plaintiffs and shall specifically: a. Determine and present (in briefs, oral argument, or such other fashion as may be appropriate, personally or by a designee) to the court and opposing parties the position of the plaintiffs on all matters arising during the pretrial proceeding; b. Initiate and conduct discovery proceedings on behalf of Plaintiffs consistent with the Federal Rules of Civil Procedure, including the preparation of interrogatories and requests for production of documents and the examination of witnesses in depositions; 3 [PROPOSED] PRETRIAL ORDER NO. 1 10-cv-00672-jw 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 7. c. Negotiate and enter into stipulations with defense counsel with respect to all matters involved in this litigation, including discovery and settlement; d. Delegate specific tasks to other counsel or committees of counsel for Plaintiffs to facilitate the orderly and efficient prosecution of this litigation and to avoid duplicative or unproductive efforts; e. Consult with and employ experts; f. Coordinate and communicate with defense counsel with respect to all matters involving this litigation; g. Prepare and distribute periodic status reports to the parties; h. Maintain a record of time and expenses expended by Plaintiff's counsel; i. Perform other such duties and undertake such other responsibilities as deemed necessary or desirable to the proper coordination of Plaintiffs' pretrial activities or authorized by further order of the court. Plaintiffs' Liaison Counsel shall: a. Maintain and distribute to co-counsel and to Defendant's Liaison Counsel an up-todate service list; b. Receive and, as appropriate, distribute to co-counsel orders from the court, and documents from Defendant's counsel; c. Maintain and make available to co-counsel at reasonable hours a complete file of all documents served by or upon each party, except such documents as may be available at a document depository; d. Establish and maintain a document depository. Plaintiffs' Steering Committee shall from time to time consult with Plaintiffs' Lead and Liaison Counsel in coordinating the Plaintiffs' pretrial activities and in planning for trial. 9. No communication among Plaintiffs' counsel shall be taken as a waiver of any privilege or protection to which they would otherwise be entitled. 10. All Plaintiffs' counsel participating in these actions shall submit to Lead Counsel, on a quarterly basis, contemporaneously maintained detailed time and expense records. Failure to 4 [PROPOSED] PRETRIAL ORDER NO. 1 10-cv-00672-jw 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 maintain accurate time records and/or the timely submission of the same will be grounds for Lead Counsel to without future work assignments. IT IS SO ORDERED. Dated: ____________________________ HONORABLE JAMES WARE UNITED STATES DISTRICT JUDGE 5 [PROPOSED] PRETRIAL ORDER NO. 1 10-cv-00672-jw

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