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

Filing 45

STIPULATION AND ORDER REGARDING PLAINTIFFS' MOTIONS TO PROCEED ANONYMOUSLY AND THROUGH NEXT FRIEND (approving 38 ). Motions terminated: 2 , 5 , 27 , 28 . Signed by Judge Jeremy Fogel on 7/26/2011. (jflc2, COURT STAFF) (Filed on 7/26/2011)

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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]

**E-Filed 7/26/2011**

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

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Defendants.

Case No. 5:11-cv-02449-JF
-----------------STIPULATION AND [PROPOSED] ORDER
REGARDING PLAINTIFFS’ MOTIONS TO
PROCEED ANONYMOUSLY AND
THROUGH NEXT FRIEND
Hearing date: July 29, 2011
Time: 9:00 a.m.
Action Filed: May 19, 2011
Judge: Hon. Jeremy Fogel
Dept: Courtroom 3, 5th Floor

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IT IS HEREBY STIPULATED AND AGREED between DOE I, DOE II, Ivy HE,
DOE III, DOE IV, DOE V, DOE VI, ROE VII, Charles LEE, ROE VIII, and LIU Guifu
(“Plaintiffs”) and Defendants CISCO SYSTEMS, INC. (“Cisco”), John CHAMBERS
-1Stipulation and Proposed Order Regarding Plaintiffs’ Motions to Proceed Anonymously and Through Next Friend / Case No. 5:11-cv-02449-JF

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(“Chambers”), Thomas LAM (“Lam”), and Owen CHAN (“Chan”) (collectively, the “Parties”),

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as follows:

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WHEREAS, Plaintiffs on May 19, 2011, filed a Motion to Commence and Proceed as
Pseudonymous Plaintiffs (docket entry 2) (the “Anonymity” Motion); and
WHEREAS, Plaintiffs on May 19, 2011, filed a Motion to Commence and Proceed
Through Appointed Next Friend (docket entry 4) (the “Next Friend” Motion); and
WHEREAS, Plaintiffs by filings on June 21, 2011 (docket entries 27 and 28) set a July
29, 2011 hearing date on their Anonymity and Next Friend Motions; and

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WHEREAS, Defendants on June 27, 2011 filed an administrative motion (docket entry

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29) seeking adjournment of Plaintiffs’ Anonymity and Next Friend Motions through to the date

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of this Court’s decision and order resolving Defendants’ forthcoming Motion to Dismiss the

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Complaint; and on July 5, 2011, Defendants did not serve and file Oppositions to Plaintiffs’

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Anonymity and Next Friend Motions or a Statement of Non-Opposition within fourteen (14)

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days of June 21, 2011; and

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WHEREAS, on July 1, 2011, Plaintiffs filed a response to Defendants’ administrative

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motion together with a proposed order which provided for either a grant of Plaintiffs’ Anonymity

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and Next Friend Motions through to the date of this Court’s decision and order resolving

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Defendants’ forthcoming Motion to Dismiss the Complaint at which time the Court would set a

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new hearing date for hearing on Plaintiffs’ Anonymity and Next Friend Motions, or that

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Plaintiffs’ Anonymity and Next Friend Motions would be heard as noticed on July 29, 2011

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(docket entry 34); and

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WHEREAS, at the request of counsel for Defendants, counsel for the Parties conferred

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on July 12, 2011 in an attempt to find common ground regarding the hearing date on Plaintiffs’

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Anonymity and Next Friend Motions and on Defendants’ administrative motion;

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NOW THEREFORE, it is hereby stipulated by and between the Parties as follows:

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1.

Plaintiffs shall proceed anonymously and through next friends for the limited period

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through to the date that this Court enters a decision and order resolving Defendants’ forthcoming

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Motion to Dismiss the Complaint (the “Dismissal Decision”) and until the Court can then act
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upon any request for Plaintiffs to proceed anonymously and through next friends or until the

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Court otherwise rules.
2.

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If, following the Dismissal Decision, one or more Plaintiffs believe it is appropriate

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for them to continue to proceed anonymously and/or through best friend, then, within 30 days of

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the Dismissal Decision, such Plaintiffs shall move for leave to proceed anonymously and/or

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through next friend, or renew their currently-pending Motions which seek such relief.

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Defendants expressly reserve, and do not waive, the right to oppose such motion(s) or renewed

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motion(s) in whole or in part.
3.

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Except as provided above, this stipulation and [proposed] order shall have no

continuing effect following the Dismissal Decision.
4.

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The July 29, 2011 hearing date on Plaintiffs’ Anonymity and Next Friend Motions

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is and shall be adjourned sine die, provided that the Court so orders this Stipulation or otherwise

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grants such relief.

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DATED: July 21, 2011

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QUINN EMANUEL URQUHART &
SULLIVAN, LLP
By /s/ Kathleen M. Sullivan
Kathleen M. Sullivan
[e-mail]
Faith E. Gay
[e-mail]
Isaac Nesser
[e-mail]

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Attorneys for Defendants

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SCHWARCZ RIMBERG BOYD & RADER, LLP

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By /s/ K. Lee Boyd
K. Kee Boyd*
[e-mail]

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Attorneys for Plaintiffs

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I have obtained signatory's consent to file this stipulation and proposed order.

-3Stipulation and Proposed Order Regarding Plaintiffs’ Motions to Proceed Anonymously and Through Next Friend / Case No. 5:11-cv-02449-JF

HUMAN RIGHTS LAW FOUNDATION

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By /s/ Terri M. Marsh
Terri M. Marsh*
[e-mail]

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Attorneys for Plaintiffs
Dated: 7/26/2011
So ordered: ______________________________
Hon. Jeremy Fogel, U.S.D.J.

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-4Stipulation and Proposed Order Regarding Plaintiffs’ Motions to Proceed Anonymously and Through Next Friend / Case No. 5:11-cv-02449-JF