Van Valin et al v. Google, Inc.

Filing 19

Unopposed Motion for Stay Pretrial Deadlines. Filed by Google, Inc.. (Markley, Julia)

Van Valin et al v. Google, Inc.

Doc. 19

Robert L. Aldisert, OSB No. 940433 [e-mail] Julia E. Markley, OSB No. 000791 [e-mail] PERKINS COIE LLP 1120 N.W. Couch Street, Tenth Floor Portland, OR 97209-4128 Telephone: [phone] Facsimile: 503.727.2222 David J. Burman, WSB No. 10611 [e-mail] (admitted pro hac vice) Susan D. Fahringer, WSB No. 21567 [e-mail] (admitted pro hac vice) PERKINS COIE LLP 1201 Third Avenue, Suite 4800 Seattle, WA 98101-3099 Telephone: [phone] Facsimile: 206.359.9000 Attorneys for Defendant Google Inc. UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION VICKI VAN VALIN, on behalf of herself and all others similarly situated within the state of Oregon; NEIL MERTZ on behalf of himself and all others similarly situated within the state of Washington, Plaintiffs, v. GOOGLE, INC., a Delaware corporation, Defendant.

No. CV 10-557 ST UNOPPOSED MOTION TO STAY PRETRIAL DEADLINES

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UNOPPOSED MOTION TO STAY PRETRIAL DEADLINES

41063-0151/LEGAL18569603.2

P e r k i n s Coie LLP 1120 N.W. Couch Street, Tenth Floor Portland, OR 97209-4128 Phone: [phone] Fax: [phone] Dockets.Justia.com

Google, Inc. ("Google") respectfully moves the Court for an Order to stay all case scheduling deadlines as detailed in this motion. Plaintiffs and Google, by and through their respective counsel, have conferred regarding this motion, and plaintiffs' counsel stipulates to and does not oppose this motion. This motion is supported by the separately filed Declaration of David J. Burman. On May 17, 2010, plaintiffs instituted this action by filing a putative class action complaint which alleges that Google violated the federal Wiretap Act, 18 U.S.C. § 2510 et seq., by allegedly using its "Street View" vehicles to receive electronic data being transmitted over open wireless ("Wi-Fi") internet connections. Seven other cases were filed in five federal judicial districts which also allege that Google violated the federal Wiretap Act, among other laws, by allegedly using its Street View vehicles to receive data being transmitted over open WiFi connections ("Google Wi-Fi Cases"). Google is the sole defendant in all of the Google Wi-Fi Cases. On June 14, 2010, plaintiffs in the case Keyes v. Google Inc., No. 1:10-cv-0896-JDB (D.D.C.), pursuant to 28 U.S.C. § 1407, moved the United States Judicial Panel on Multidistrict Litigation ("JPML" or "Panel") for an order transferring the Google Wi-Fi Cases, as well as all subsequently filed related actions, to the United States District Court for the District of Columbia for coordinated or consolidated pretrial proceedings. The Keyes plaintiffs' motion for transfer of actions and for coordinated or consolidated pretrial proceedings remains pending before the JPML. Google agrees with the Keyes plaintiffs that the cases should be consolidated but will ask the Panel to transfer the Google Wi-Fi Cases, as well as all subsequently filed related actions, to the United States District Court for the Northern District of California for coordinated or consolidated pretrial proceedings.

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UNOPPOSED MOTION TO STAY PRETRIAL DEADLINES

41063-0151/LEGAL18569603.2

P e r k i n s Coie LLP 1120 N.W. Couch Street, Tenth Floor Portland, OR 97209-4128 Phone: [phone] Fax: [phone]

In consideration of the foregoing, Google moves the Court for an Order as follows: 1. All pretrial deadlines shall be stayed pending the JPML's resolution of whether

the Google Wi-Fi cases, and all subsequently filed related actions, should be transferred to a single judicial district for coordinated or consolidated pretrial proceedings; 2. In the event that the JPML denies transfer of the Google Wi-Fi cases, and all

subsequently-filed related actions, to a single judicial district for coordinated or consolidated pretrial proceedings, Google shall have thirty days from the date of the order denying transfer to plead, answer, move, or otherwise respond to plaintiffs' class action complaint; and 3. In the event that the JPML orders the transfer of the Google Wi-Fi cases, and all

subsequently filed related actions, to a single judicial district for coordinated or consolidated pretrial proceedings, Google shall plead, answer, move, or otherwise respond to plaintiffs' class action complaint within thirty days from (a) the date that plaintiffs file a master consolidated complaint in the transferee district or (b) the date that it is resolved by the transferee court and/or counsel for plaintiffs and Google that no master consolidated complaint will be filed. Pursuant to Local Rule 11-1(d), all parties consent to the electronic filing of this document.

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UNOPPOSED MOTION TO STAY PRETRIAL DEADLINES

41063-0151/LEGAL18569603.2

P e r k i n s Coie LLP 1120 N.W. Couch Street, Tenth Floor Portland, OR 97209-4128 Phone: [phone] Fax: [phone]

DATED: June 21, 2010 PERKINS COIE LLP By: /s/ Julia E. Markley Robert L. Aldisert, OSB No. 940433 [e-mail] Julia E. Markley, OSB No. 000791 [e-mail] 1120 N.W. Couch Street, Tenth Floor Portland, OR 97209-4128 Telephone: [phone] Facsimile: 503.727.2222 David J. Burman, WSB No. 10611 [e-mail] (admitted pro hac vice) Susan D. Fahringer, WSB No. 21567 [e-mail] (admitted pro hac vice) PERKINS COIE LLP 1201 Third Avenue, Suite 4800 Seattle, WA 98101-3099 Telephone: [phone] Facsimile: 206.359.9000 Attorneys for Defendant Google Inc. RICK KLINGBEIL, PC By: /s/ Rick Klingbeil Rick Klingbeil, OSB No. 933326 [e-mail] 520 SW Sixth, Suite 950 Portland, OR 97204 Telephone: [phone] Brady Mertz, OSB No. 970814 [e-mail] 2285 Liberty Street NE Salem, OR 97301 Telephone: [phone] Brooks Cooper, OSB No. 941772 [e-mail] 520 SW Sixth Avenue, Suite 914 Portland, OR 97204 Telephone: [phone]

Attorneys for Plaintiffs

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UNOPPOSED MOTION TO STAY PRETRIAL DEADLINES

41063-0151/LEGAL18569603.2

P e r k i n s Coie LLP 1120 N.W. Couch Street, Tenth Floor Portland, OR 97209-4128 Phone: [phone] Fax: [phone]