Doe I et al v. Cisco Systems, Inc. et al

Filing 27

First MOTION to Amend/Correct 5 MOTION Notice of Motion and Motion to Commerce and Proceed Through Appointed Next Friend filed by Doe I, Doe II, Doe III, Doe IV, Doe V, Doe VI, Liu Guifu, Ivy He, Charles Lee, Roe VII, Roe VIII. Motion Hearing set for 7/29/2011 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Jeremy Fogel. Responses due by 7/5/2011. Replies due by 7/12/2011. (Shah, Rajika) (Filed on 6/21/2011)

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KATHRYN LEE BOYD, ESQ. (SBN 189496)
[e-mail]
RAJIKA L. SHAH, ESQ. (SBN 232994)
[e-mail]
SCHWARCZ, RIMBERG, BOYD & RADER, LLP
6310 San Vicente Boulevard, Suite 360
Los Angeles, CA 90048
Phone: [phone]
Fax: [phone]

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TERRI MARSH, ESQ. (pro hac vice)
[e-mail]
BRIAN PIERCE, ESQ. (pro hac vice)
[e-mail]
HUMAN RIGHTS LAW FOUNDATION
1615 L Street, NW, Suite 1100
Washington, D.C. 20036
Phone: [phone]
Fax: [phone]

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Attorneys for PLAINTIFFS

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UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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Case No. 5:11-cv-02449-JF
DOE I, DOE II, Ivy HE, DOE III, DOE
IV, DOE V, DOE VI, ROE VII, Charles
LEE, ROE VIII, and LIU Guifu,

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Plaintiffs,

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Assigned to the Honorable Jeremy Fogel, U.S.D.J.
PLAINTIFF DOE III AND DOE IV’S
AMENDED NOTICE OF MOTION AND
MOTION TO COMMENCE AND PROCEED
THROUGH APPOINTED NEXT FRIEND

vs.
CISCO SYSTEMS, INC., John
CHAMBERS, Thomas LAM, Owen
CHAN, and DOES 1-100,
Defendants.

[DECLARATIONS OF TERRI MARSH AND
ROE III IN SUPPORT THEREOF AND
[PROPOSED] ORDER FILED CONCURRENTLY
HEREWITH]
[COMPLAINT FILED CONCURRENTLY
HEREWITH]
Action filed: May 19, 2011
Hearing: July 29, 2011, 9:00am
Courtroom: 3, 5th Floor

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PLAINTIFFS‟ MOTION TO COMMENCE AND PROCEED THROUGH APPOINTED NEXT FRIEND
SCHWARCZ, RIMBERG,
BOYD & RADER, LLP
6310 San Vicente Blvd
Los Angeles, CA 90048

Case No. 5:11-cv-02449-JF

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TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

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NOTICE IS HEREBY GIVEN THAT at 9:00am on July 29, 20111, in the Court of the

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Honorable Jeremy Fogel, located at the United States Courthouse, Robert F. Peckham Federal

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Building, 280 South 1st Street, San Jose, CA 95113, Plaintiffs DOE III and DOE IV, by and

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through their retained counsel, will move to commence and proceed in this action through an

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appointed next friend. DOE III is currently in prison in the People‟s Republic of China (“China”)

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and therefore cannot proceed on his own behalf. DOE IV was in prison in China until recently

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and is now under round-the-clock supervision and monitoring. ROE III, a close personal friend

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of both DOE III and DOE IV, received authorization from DOE IV and from an authorized agent

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of DOE III to proceed with this case on their behalf.

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This Motion is based on this Notice of Motion and Motion, the Memorandum of Points

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and Authorities and supporting Declarations filed and submitted herewith, the pleadings and

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papers filed in this action, and any further evidence and argument that the Court may receive at or

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before the hearing.

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This Motion is made following the conference of counsel regarding the hearing date, as

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required by the San Jose Division Standing Order Regarding Case Management in Civil Cases.

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DATED: June 21, 2011

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Respectfully submitted,
SCHWARCZ, RIMBERG, BOYD &
RADER, LLP

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By:

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Terri E. Marsh, Esq.
Attorney for Plaintiffs (pro hac vice)

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SCHWARCZ, RIMBERG,
BOYD & RADER, LLP
6310 San Vicente Blvd
Los Angeles, CA 90048

/s/ Rajika L. Shah
Rajika L. Shah, Esq.
K. Lee Crawford-Boyd, Esq.
Attorney for Plaintiffs

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This Amended Notice of Motion is filed as a result of assignment of the case to the Hon. Jeremy
Fogel. The date, time, location of the hearing, and statement regarding compliance with the San
Jose Division Standing Order Regarding Case Management in Civil Cases of the hearing are the
only changes set forth in this amended notice.
-1PLAINTIFFS‟ MOTION TO COMMENCE AND PROCEED THROUGH APPOINTED NEXT FRIEND
Doe et al. v. Cisco et al.