Mollett et al v. Netflix, Inc.

Filing 33

STIPULATION AND ORDER re 32 Stipulation filed by Netflix, Inc. Signed by Judge Paul S. Grewal on 11/21/2011. (psglc2, COURT STAFF) (Filed on 11/21/2011)

1
2
3
4
5
6
7
8
9
10
11

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]
JESSICA L. SNORGRASS, State Bar No. 259962
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.
[ADDITIONAL COUNSEL
ON SIGNATURE PAGE]

12

UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA

14

SAN JOSE DIVISION

15
16
17
18
19
20
21
22
23

MEGHAN MOLLETT AND TRACY
)
HELLWIG, individually, on behalf of themselves )
and all others similarly situated,
)
)
Plaintiffs,
)
)
vs.
)
)
)
NETFLIX, INC., a Delaware corporation,
)
Defendant,
)
)
)
)

24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER
CASE NO. 11-CV-01629-EJD (PSG)

CASE NO.: 11-cv-01629-EJD (PSG)
STIPULATION AND [PROPOSED]
ORDER REQUIRING
NOTIFICATION IN THE EVENT
OF JUDGMENT OR SETTLEMENT
OF IN RE NETFLIX PRIVACY
LITIGATION

1

WHEREAS, plaintiffs believe that certain documents relating to this case and the

2

separate case captioned In re Netflix Privacy Litigation, Case No. 11-cv-00379-EJD (the “In re

3

Netflix Privacy Litigation” action) could be destroyed by defendant Netflix, Inc. (“Netflix”) in

4

connection with a settlement or judgment in the In re Netflix Privacy Litigation action;

5

WHEREAS, during a conference with Magistrate Judge Paul S. Grewal on November 3,

6

2011, the Court declined to enter at that time the proposed evidence preservation order that

7

plaintiffs had submitted to the Court in connection with the Case Management Conference held

8

on October 28, 2011; and

9

WHEREAS, Netflix offered during the November 3, 2011, conference to notify plaintiffs

10

in the event that a settlement or judgment in the In re Netflix Privacy Litigation action could

11

result in the destruction of documents relevant or potentially relevant to this case so that, at that

12

time, the parties could discuss ways to ensure that documents relevant or potentially relevant to

13

this case are not destroyed or, alternatively, the plaintiffs could seek judicial intervention

14

regarding document preservation;

15

NOW THEREFORE, the parties, by and through their undersigned counsel, hereby

16

stipulate and agree that, in the event that a settlement or judgment in the In re Netflix Privacy

17

Litigation action could result in the destruction of documents relevant or potentially relevant to

18

this case, Netflix’s counsel will notify plaintiffs’ counsel within 48 hours of the filing of a

19

motion for preliminary approval of a settlement or a judgment that includes any document

20

destruction provisions, and at least 60 days before any documents are destroyed pursuant to such

21

a judgment or settlement.

22
23

Dated: November 16, 2011

24
25

WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
By:

26

/s/ Rodney G. Strickland, Jr.
Rodney G. Strickland, Jr.

Attorneys for Defendant
NETFLIX, INC.

27
28
STIPULATION AND [PROPOSED] ORDER
CASE NO. 11-CV-01629-EJD (PSG)

-1-

1

Dated: November 16, 2011

2
3

WOLF HALDENSTEIN ADLER FREEMAN
& HERZ LLP
By:

4

/s/ Rachele R. Rickert
Rachele R. Rickert

750 B Street, Suite 2770
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
[e-mail]

5
6
7

Attorneys for Plaintiffs

8
9
10
11

[PROPOSED] ORDER
In the event that a settlement or judgment in the In re Netflix Privacy Litigation action

12

could result in the destruction of documents relevant or potentially relevant to this case, Netflix’s

13

counsel will notify plaintiffs’ counsel within 48 hours of the filing of a motion for preliminary

14

approval of a settlement or a judgment that includes any document destruction provisions, and at

15

least 60 days before any documents are destroyed pursuant to such a judgment or settlement.

16

IT IS SO ORDERED.

17
18

DATED: __11/21/2011

19

_____________________________________
HON. PAUL S. GREWAL
MAGISTRATE JUDGE

20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER
CASE NO. 11-CV-01629-EJD (PSG)

-2-

1
2

ECF CERTIFICATION
I, Rodney G. Strickland, Jr., am the ECF User whose identification and password are

3

being used to file this Stipulation and [Proposed] Order Requiring Notification in the Event of

4

Judgment or Settlement of In Re Netflix Privacy Litigation. I hereby attest that Rachele R.

5

Rickert has concurred in this filing.

6
7

Dated: November 16, 2011

8
9

WILSON SONSINI GOODRICH & ROSATI
Professional Corporation

By:

10
11

/s/ Rodney G. Strickland, Jr.
Rodney G. Strickland, Jr.

Attorneys for Defendant
NETFLIX, INC.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER
CASE NO. 11-CV-01629-EJD (PSG)