Doe I et al v. Cisco Systems, Inc. et al
Filing
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First MOTION to Amend/Correct 2 MOTION Nortice of Motion and Motion to Commence and Proceed as Pseudonymous Plaintiffs 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)
lboyd@srbr-law.com
RAJIKA L. SHAH, ESQ. (SBN 232994)
SCHWARCZ, RIMBERG, BOYD & RADER, LLP
6310 San Vicente Boulevard, Suite 360
Los Angeles, California 90048
Phone: (323) 302-9488
Fax: (323) 931-4990
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TERRI MARSH, ESQ. (pro hac vice)
terri.marsh@hrlf.net
BRIAN PIERCE, ESQ. (pro hac vice)
bjpierca@gmail.com
HUMAN RIGHTS LAW FOUNDATION
1615 L Street NW, Suite 1100
Washington, D.C. 20004
Phone: 202-369-4977
Fax: 202-355-6701
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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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vs.
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CISCO SYSTEMS, INC., John
CHAMBERS, Thomas LAM, Owen
CHAN, and DOES 1-100,
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Defendants.
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Assigned to the Honorable Jeremy Fogel, U.S.D.J.
PLAINTIFFS’ AMENDED1 NOTICE OF
MOTION AND MOTION TO COMMENCE
AND PROCEED AS PSEUDONYMOUS
PLAINTIFFS
[DECLARATION OF TERRI MARSH, 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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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.
PLAINTIFFS‟ MOTION TO COMMENCE AND PROCEED WITH ACTION AS PSEUDONYMOUS PLAINTIFFS
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:
NOTICE IS HEREBY GIVEN THAT at 9:00am on July 29, 2011, in the Court of the
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Honorable Jeremy Fogel, at the United States Courthouse, Robert F. Peckham Federal Building,
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280 South 1st Street, San Jose, CA 95113, Plaintiffs DOE I, DOE II, DOE III, DOE IV, DOE V,
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DOE VI, as well as ROE III, who is filing as Next Friend for Plaintiffs Does III and IV; ROE VII,
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who is filing on behalf of DOE VII, who has disappeared; and ROE VIII, who is filing on behalf
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of the now deceased DOE VIII, by and through their retained counsel, will and hereby do move to
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commence and proceed in this action using pseudonyms. Owing to the nature of the allegations in
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Plaintiffs‟ Complaint, DOE I, DOE II, DOE III, DOE IV, DOE V, DOE VI, the families of DOE
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VII and DOE VIII, and ROE III, ROE VII and ROE VIII, justifiably fear acts of reprisal that
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could, and in all likelihood would, result in severe physical and mental harm, and even death, to
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them, their families, friends and colleagues. DOE III and DOE IV would be similarly at serious
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risk of severe physical and mental harm, and even death to them, their families, friends and
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colleagues, if ROE III is not permitted to file as their Next Friends anonymously, due to the
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nature of the parties‟ relationships.
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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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/s/ Rajika L. Shah
Rajika L. Shah, Esq.
K. Lee Crawford-Boyd, Esq.
Attorney for Plaintiffs
Terri E. Marsh, Esq.
Attorney for Plaintiffs (pro hac vice)
PLAINTIFFS‟ MOTION TO COMMENCE AND PROCEED WITH ACTION AS PSEUDONYMOUS PLAINTIFFS
SCHWARCZ, RIMBERG,
BOYD & RADER, LLP
6310 San Vicente Blvd
Los Angeles, CA 90048
Case No. 5:11-cv-02449-JF
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