Sevy v. Netflix, Inc.

Filing 7

ORDER Approving Stipulation 5 . Signed by Judge Paul S. Grewal on March 23, 2011. (psglc2, COURT STAFF) (Filed on 3/23/2011)

Sevy v. Netflix, Inc.

Doc. 7

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KEITH E. EGGLETON, State Bar No. 159842 Email: [e-mail] RODNEY G. STRICKLAND, State Bar No. 161934 Email: [e-mail] DALE BISH, State Bar No. 235390 Email: [e-mail] WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant NETFLIX, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

MICHAEL SEVY, individually and on behalf of all others similarly situated, Plaintiff,

16 v. 17 NETFLIX, INC., a Delaware Corporation 18 Defendant, 19 20 21 22 23 24 25 26 27 28
STIPULATION RE DEFENDANT'S RESPONSE TO THE COMPLAINT CASE NO. 11 CV 01309 PSG

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CASE NO.: 11 CV 01309 PSG STIPULATION AND ORDER REGARDING DEFENDANT'S RESPONSE TO THE COMPLAINT DUE TO PENDING MOTION TO CONSOLIDATE

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WHEREAS, on March 18, 2011, Plaintiff Michael Sevy ("Plaintiff") filed a class action complaint against Netflix, Inc. ("Netflix") alleging violations of the Video Privacy Protection Act ("VPPA") and other claims arising from Netflix's alleged data retention practices; WHEREAS, in addition to this action, to date, four additional class action complaints have been filed in this judicial district that contain substantially similar allegations and causes of action, and that seek the same relief as this action, specifically Milans v. Netflix, Inc., Case No. 11-CV-0379 JF (the "Milans Action"); Bernal v. Netflix, Inc., Case No. 11-CV-00820 PSG (the "Bernal Action"); Rura v. Netflix, Inc., Case No. 11-CV-01075 SBA (the "Rura Action"); and Comstock v. Netflix, Inc., Case No. 11-CV-1218 HRL (the "Comstock Action"); WHEREAS, on March 11, 2011, plaintiffs in the Bernal Action and Rura Action filed a motion in the Milans Action for an order (1) consolidating the Bernal Action with the Rura Action and the Milans Action; and (2) appointing Bursor & Fisher, P.A. and Faruqi & Faruqi, LLP as Interim Lead Co-Class Counsel, which motion is currently set to be heard on May 6, 2011 (the "Consolidation Motion"); WHEREAS, Netflix's response to the complaint in this action is currently due on or before April 11, 2011; WHEREAS, Netflix has requested, and plaintiffs in each of the actions referenced herein have agreed to, an extension of time for Netflix to respond to the complaint pending resolution of the Consolidation Motion and appointment of a lead plaintiff.

STIPULATION RE DEFENDANT'S RESPONSE TO THE COMPLAINT CASE NO. 11 CV 01309 PSG

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NOW THEREFORE, IT IS HEREBY STIPULATED that: 1. Netflix shall respond to the complaint within 30 days after the cases are

consolidated and a consolidated complaint is filed, or, in the event that the Court denies the pending Consolidation Motion, within 30 days of the issuance of such order. 2. This stipulation is without prejudice to the rights, claims, or defenses of any party,

and shall not be used by Netflix as evidence of, or to support any argument that, Plaintiff has not timely pursued his claims or has not been diligent.

Dated: March 22, 2011 s/ Rodney G. Strickland, Jr. Rodney G. Strickland, Jr. WILSON SONSINI GOODRICH & ROSATI Attorneys for Defendant NETFLIX, INC. Dated: March 22, 2011 s/ Marc L. Godino Marc L. Godino GLANCY BINKOW & GOLDBERG LLP Attorneys for Plaintiff Michael Sevy

STIPULATION RE DEFENDANT'S RESPONSE TO THE COMPLAINT CASE NO. 11 CV 01309 PSG

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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 Dated: March 23, 2011

ORDER Netflix shall respond to the complaint no later than 30 days after the cases are consolidated and a consolidated complaint is filed, or, in the event that the Court denies the pending Consolidation Motion, within 30 days of the issuance of such order. PURSUANT TO STIPULATION, IT IS SO ORDERED.

Paul S. Grewal UNITED STATES MAGISTRATE JUDGE

STIPULATION RE DEFENDANT'S RESPONSE TO THE COMPLAINT CASE NO. 11 CV 01309 PSG

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I, Rodney G. Strickland, Jr., am the ECF User whose identification and password are being used to file the Stipulation And [Proposed] Order Regarding Defendant's Response to the Complaint. I hereby attest Marc L. Godino has concurred in this filing.

Dated: March 22, 2011 s/ Rodney G. Strickland, Jr. Rodney G. Strickland, Jr. WILSON SONSINI GOODRICH & ROSATI Attorneys for Defendant NETFLIX, INC.

STIPULATION RE DEFENDANT'S RESPONSE TO THE COMPLAINT CASE NO. 11 CV 01309 PSG

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CERTIFICATE OF SERVICE BY MAIL

I, Linda Koontz, declare: I am employed in Santa Clara County. I am over the age of 18 years and not a party to the within action. My business address is Wilson Sonsini Goodrich & Rosati, 650 Page Mill Road, Palo Alto, California 94304-1050. I am readily familiar with Wilson Sonsini Goodrich & Rosati's practice for collection and processing of correspondence for mailing with the United States Postal Service. In the ordinary course of business, correspondence would be deposited with the United States Postal Service on this date. On this date, I served STIPULATION AND [PROPOSED] ORDER REGARDING DEFENDANT'S RESPONSE TO THE COMPLAINT DUE TO PENDING MOTION TO CONSOLIDATE on each person listed below, by placing the document(s) described above in an envelope addressed as indicated below, which I sealed. I placed the envelope(s) for collection and mailing with the United States Postal Service on this day, following ordinary business practices at Wilson Sonsini Goodrich & Rosati. Joseph J Siprut Siprut, PC 122 outh Michigan Avenue Suite 1850 Chicago, IL 60603 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Palo Alto, California on March 22, 2011.

/s/ Linda Koontz

Linda Koontz

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