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

Filing 39

NOTICE by Cisco Systems, Inc. of Pendency of Related Action or Proceeding (Sullivan, Kathleen) (Filed on 7/21/2011)

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QUINN EMANUEL URQUHART & SULLIVAN, LLP
Kathleen M. Sullivan (CA Bar No. 242261)
[e-mail]
555 Twin Dolphin Drive, 5th Floor
Redwood City, California 94065
Telephone:
[phone]
Facsimile:
[phone]
Faith E. Gay (pro hac vice)
[e-mail]
Isaac Nesser (pro hac vice)
[e-mail]
51 Madison Avenue, 22nd Floor
New York, New York 10010
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants Cisco Systems, Inc.,
John Chambers, Thomas Lam, and Owen Chan

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

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DOE I, DOE II, Ivy HE, DOE III, DOE
IV, DOE V, DOE VI, ROE VII, Charles
LEE, ROE VIII, and LIU Guifu,
Plaintiffs,

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vs.

Case No. 5:11-cv-02449-JF
NOTICE OF PENDENCY OF RELATED
ACTION OR PROCEEDING
Action Filed: May 19, 2011
Judge: Hon. Jeremy Fogel
Dept: Courtroom 3, 5th Floor

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

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Defendants.
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Notice of Pendency of Related Action or Proceeding / Case No. 5:11-cv-02449-JF

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Defendants, by and through their attorneys, hereby submit this Notice of Pendency of
Related Action or Proceeding pursuant to Civil L.R. 3-13.
1.

This action involves all or a material part of the same subject matter and many of

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the same parties as Daobin et al. v. Cisco Systems, Inc., et al., No. 8:2011-cv-01538 (D. Md.,

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Greenbelt Div.) (the "Maryland" action). Plaintiffs in the Maryland action are individuals Du

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Daobin, Zhou Yuanzhi, and Liu Xianbin; Defendants are Cisco Systems, Inc., John Chambers,

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Thomas Lam, Owen Chan, and Rick Justice. The Maryland Complaint alleges that Defendants

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sold internet routers and related hardware and services to governmental entities in the People’s

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Republic of China for the purpose of facilitating the Chinese government’s construction of the

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"Golden Shield" internet backbone, allegedly with knowledge that the Chinese government

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would seek to use the Golden Shield to commit international law violations against political

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activists in China. The Complaint asserts claims under the Alien Tort Statute ("ATS"), Torture

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Victim Protection Act ("TVPA"), and state common law.

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2.

The Maryland action is factually and legally related to this action. All of the

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Defendants in this action are also defendants in the Maryland action. The international law

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claims under the ATS and TVPA in this action, as well as the common law claims for assault,

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battery, and like, are also at issue in the Maryland action. And the alleged wrongdoing in this

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action — provision of internet routers and related equipment and services to the government of

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China for the purpose of facilitating the Chinese government’s construction of the "Golden

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Shield" internet backbone, allegedly with knowledge that the Chinese government would seek to

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use the "Golden Shield" to commit international law violations against Falun Gong practitioners

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in China — are nearly identical to those alleged in the Maryland action.

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3.

Coordination between this action and the Maryland action would likely avoid

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conflicts, conserve resources, and promote an efficient determination of the actions. To this end,

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Defendants have moved for a stay of the Maryland action pending disposition of their

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forthcoming motion to dismiss this action, and in conjunction with that stay motion are assessing

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the availability and propriety of transfer pursuant to 28 U.S.C. § 1407 (Multi District Litigation

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-2Notice of Pendency of Related Action or Proceeding / Case No. 5:11-cv-02449-JF

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Procedures) or otherwise.

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DATED: July 21, 2011
QUINN EMANUEL URQUHART
& SULLIVAN, LLP
By:_/s/ Kathleen M. Sullivan_______________
Kathleen M. Sullivan

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555 Twin Dolphin Drive, 5th Floor
Redwood City, California 94065
Telephone:[phone]
Facsimile: [phone]

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Attorneys for Defendants

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-3Notice of Pendency of Related Action or Proceeding / Case No. 5:11-cv-02449-JF