Feldman v. Google, Inc.

Filing 6

STIPULATION and Order RE: Relation and Consolidation of Cases by Barry Feldman. (Shub, Jonathan) (Filed on 6/14/2010)

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Jonathan Shub (SBN 237708) [e-mail] SHUBLAW LLC 1818 Market Street, 13th Floor Philadelphia, PA 19102 Tel.: [phone]

Susan Fahringer (CA Bar No. 162978) [e-mail] PERKINS COIE LLP 1201 Third Avenue, Suite 4800 Seattle, WA 98101 Tel.: [phone]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Barry Feldman, Individually and on Behalf of All Others Similarly Situated, Plaintiff, vs. GOOGLE, INC., Defendant. EVA HIBNICK, Individually and on Behalf of All Others Similarly Situated, Plaintiff, vs. GOOGLE, INC., Defendant. Case No. C 5:10-cv-01433 HRL STIPULATION AND ORDER [PROPOSED] RE RELATION AND CONSOLIDATION OF CASES

Case No. C 5:10-cv-00672 JW

WHEREAS, the above-captioned actions ("Actions") all assert claims against Defendant Google Inc. ("Defendant" or "Google") seeking redress from Defendant for alleged privacy violations relating to Google Buzz, and WHEREAS, in an effort to effectively manage this litigation and move it forward in an efficient manner, IT IS HEREBY STIPULATED THAT: 1. The above actions are hereby deemed related and shall be transferred and consolidated

for discovery and pretrial proceedings before this Court.

[PROPOSED] ORDER RE RELATION AND CONSOLIDATION
41063-0140/LEGAL18518951.1

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2.

By agreeing to the Stipulation, Google in no concedes any defenses to any aspect of the

claims Plaintiffs purport to assert herein. 3. The parties will meet and confer if any additional action is filed in, removed to, or

transferred to this Court to determine whether the new action involves the same or substantially similar issues of law and fact and whether consolidation would be appropriate. If the parties agree that the new action is appropriate for consolidation with the Actions, the parties will follow the procedures below: a. The parties will jointly request that the Court approve and order consolidation of the new matter with the Actions. b. The parties will jointly request that the Clerk of the Court: i. ii. place a copy of this Order in the separate file for such action; provide a copy of this Order to counsel for plaintiff(s) in the newly filed or

transferred action and to any defendant(s) in the newly filed or transferred action; and iii. 5. make an appropriate entry on the Master Docket for the Consolidated Action.

If the parties in these Actions do not agree whether the new action should be consolidated

with the Actions, the party seeking consolidation may, within ten (10) days after meeting and conferring with the party opposing consolidation, file a motion for consolidation. IT IS SO STIPULATED.

DATED: June 14, 2010 SHUBLAW LLC By: /s/Jonathan Shub Jonathan Shub, Esq. 1818 Market Street, 13th Floor Philadelphia, PA 19102 Counsel for Plaintiff Feldman

[PROPOSED] ORDER RE RELATION AND CONSOLIDATION
41063-0140/LEGAL18518951.1

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MASON LLP

/s/ Gary E. Mason (with permission) Gary E. Mason 1625 Massachusetts Ave. NW Suite 605 Washington, D.C. 20036 [phone] Office [phone] Fax Counsel for Plaintiff Eva Hibnick PERKINS COIE LLP

/s/ Susan Fahringer (with permission) Susan Fahringer 1201 Third Avenue, Suite 4800 Seattle, WA 98101 Tel.: [phone] Fax: [phone] [e-mail] Counsel for Defendant Google Inc.

Pursuant to Stipulation of the parties and for good cause shown, IT IS SO ORDERED. ____________________________ HONORABLE JAMES WARE UNITED STATES DISTRICT JUDGE

[PROPOSED] ORDER RE RELATION AND CONSOLIDATION
41063-0140/LEGAL18518951.1

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CERTIFICATION PURSUANT TO C.A.N.D. GENERAL ORDER No. 45 §X. I, Jonathan Shub, hereby certify and attest that that concurrence in the filing of this document has been obtained from each of the other signatories which shall serve in lieu of their signature(s) on the above document. DATED: June 14, 2010 SHUBLAW LLC By: /s/Jonathan Shub Jonathan Shub, Esq. 1818 Market Street, 13th Floor Philadelphia, PA 19102 Counsel for Plaintiff Feldman

[PROPOSED] ORDER RE RELATION AND CONSOLIDATION
41063-0140/LEGAL18518951.1