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

Filing 80

JOINT CASE MANAGEMENT STATEMENT And Request For Continuance Of Case Management Conference filed by John Chambers, Owen Chan, Fredy Cheung, Cisco Systems, Inc., Doe I, Doe II, Doe III, Doe IV, Doe V, Doe VI, Liu Guifu, Ivy He, Thomas Lam, Charles Lee, Roe VII, Roe VIII. (Sullivan, Kathleen) (Filed on 2/8/2012)

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1 2 3 4 5 KATHRYN LEE CRAWFORD-BOYD, ESQ. (SBN 189496) RAJIKA L. SHAH, ESQ. (SBN 232994) SCHWARCZ, RIMBERG, BOYD & RADER, LLP 6310 San Vicente Boulevard, Suite 360 Los Angeles, California 90048 Telephone: (323) 302-9488 Facsimile: (323) 931-4990 6 [Counsel for Plaintiffs Continued on Next Page] 7 Attorneys for PLAINTIFFS 8 9 14 KATHLEEN M. SULLIVAN (CA Bar No. 242261) FAITH E. GAY (pro hac vice) ISAAC NESSER (pro hac vice) QUINN EMANUEL URQUHART & SULLIVAN, LLP 51 Madison Avenue, 22nd Floor New York, New York 10010 Telephone: (212) 849-7000 Facsimile: (212) 849-7100 15 Attorneys for DEFENDANTS 10 11 12 13 16 17 18 19 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION DOE I, DOE II, Ivy HE, DOE III, DOE IV, DOE V, DOE VI, ROE VII, Charles LEE, ROE VIII, and LIU Guifu, and those individual similarly situated, 20 Plaintiffs, 21 22 23 24 25 vs. Case No. 5:11-cv-02449-EJD-PSGx Assigned to the Hon. Edward J. Davila JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE Action Filed: May 19, 2011 FAC Filed: Sept. 2, 2011 CISCO SYSTEMS, INC., John CHAMBERS, Thomas LAM, Owen CHAN, Fredy CHEUNG, and DOES 1-100, Conference: February 17, 2012 Time: 10:00 a.m. Courtroom: 1, 5th Floor Defendants. 26 27 28 JOINT CASE MANAGEMENT STATEMENT Case No. 5:11-cv-02449-EJD-PSGx 1 2 3 4 5 6 7 8 9 TERRI MARSH, ESQ. (pro hac vice) BRIAN PIERCE, ESQ. (pro hac vice) HUMAN RIGHTS LAW FOUNDATION 1615 L Street NW, Suite 1100 Washington, D.C. 20036 Telephone: (202) 369-4977 Facsimile: (323) 931-4990 JUDITH BROWN CHOMSKY (pro hac vice) LAW OFFICES OF JUDITH BROWN CHOMSKY 8210 New Second Street Elkins Park, PA 19027 Telephone: (215) 782-8327 Facsimile: (215)782-8368 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 JOINT CASE MANAGEMENT STATEMENT Case No. 5:11-cv-02449-EJD-PSGx 1 JOINT CASE MANAGEMENT STATEMENT 2 The Parties hereby submit the following Case Management Statement, and jointly request 3 a continuance of the Case Management Conference ("CMC") scheduled for February 18, 2012. 4 Procedural Posture 5 1. The Parties filed a Joint Case Management Statement on September 16, 2011 and 6 thereafter appeared for an initial case management conference before Judge Jeremy Fogel. 7 2. On September 26, 2011, this case was reassigned to the Hon. Edward J. Davila. 8 Docket Item No. 69. The Court scheduled a CMC for February 17, 2012. Docket Item No. 71. 9 3. In October 2011, the Supreme Court of the United States granted certiorari in two 10 cases involving legal issues potentially relevant here: Kiobel v. Royal Dutch Petroleum (No. 1011 1491) ("Kiobel") and Mohamad v. Rajoub (No. 11-88) ("Mohamad"). Accordingly, by order 12 dated November 9, 2011, this Court terminated Defendants’ then-pending Motion to Dismiss the 13 Complaint, without prejudice to such motion being re-filed after the Supreme Court decides 14 Kiobel and Mohamad. Docket Item No. 79. The February CMC remained as scheduled. Id. 15 Case Management Update 16 4. The Parties have no material developments to report, and therefore incorporate and 17 restate their September 16, 2011 Joint Case Management Statement (the "Prior Statement," filed 18 as Docket Item No. 63 and attached hereto as Exhibit A) with the following minor updates: 19 a. Plaintiffs replace Prior Statement 2:13-16 (Statement of Facts) as follows: 20 “eavesdrop, tap and intercept communications, identify, track, apprehend and torture Plaintiffs as 21 Falun Gong practitioners and subject them to gross human rights abuses, all in violation of 22 international, U.S., and California law.” 23 b. Plaintiffs replace Prior Statement 6:28-7:3 (Statement Regarding Motions) 24 as follows, to reflect recent events: “Plaintiffs also anticipate filing a motion for class certification 25 pursuant to Fed. R. Civ. P. Rules 23(a) and 23(b)(3): (1) within sixty (60) days following the 26 Supreme Court’s decision in Kiobel and Mohamad, or (2) following the Court’s decision on a 27 renewed Motion to Dismiss filed by Defendants, if any, after the Supreme Court’s decision in 28 2 JOINT CASE MANAGEMENT STATEMENT Case No. 5:11-cv-02449-EJD-PSGx 1 Kiobel and Mohamad and the issuance of a protective order, whichever is later.” 2 c. Plaintiffs add to Prior Statement 7:24, to reflect recent events: “Plaintiffs 3 may file a motion for leave to amend the Complaint, if needed, based upon the Supreme Court’s 4 decision in Kiobel and Mohamad as well as any newly discovered evidence relevant to said 5 decisions, within thirty (30) days following the Supreme Court’s decision in Kiobel and 6 Mohamad. 7 d. The Parties jointly supplement Prior Statement 11:18-24 (Settlement and 8 ADR) as follows, to reflect a recent teleconference with the Court’s staff: "On January 19, 2012, 9 the Parties participated in a teleconference with the Court’s ADR staff and it was agreed that the 10 ADR process should be postponed in light of this Court’s November 9 order. A further ADR 11 teleconference is scheduled for July 26, 2012." 12 e. Defendants replace Prior Statement 12:7-11 (Statement Regarding Other 13 References, sentence beginning "To this end") with the following, to reflect a recent event: "On 14 January 24, 2012, the Daobin court stayed Defendants’ response to the Daobin Complaint, and all 15 other proceedings in that action, until 30 days after the Supreme Court decides Kiobel and 16 Mohamad." 17 /// 18 /// 19 20 21 22 23 24 25 26 27 28 3 JOINT CASE MANAGEMENT STATEMENT Case No. 5:11-cv-02449-EJD-PSGx 1 2 Conclusion In light of all the above, the Parties respectfully request that the CMC currently scheduled 3 for February 17, 2012 be adjourned to a date within 30 days after the Supreme Court decides 4 Kiobel and Mohamad. If that is acceptable, the Parties will contact the Court’s calendar clerk 5 promptly following the Supreme Court’s resolution of Kiobel and Mohamad, in order to obtain a 6 viable CMC date. 7 8 9 10 DATED: February 8, 2012 Respectfully submitted, SCHWARCZ, RIMBERG, BOYD & RADER, LLP 11 12 13 By: /s/ K. Lee Crawford-Boyd, Esq. HUMAN RIGHTS LAW FOUNDATION 14 15 By: 16 17 /s/ Terri E. Marsh, Esq. (pro hac vice) LAW OFFICES OF JUDITH BROWN CHOMSKY 18 19 By 20 /s/ Judith Chomsky, Esq. (pro hac vice) Attorneys for Plaintiffs 21 22 23 24 QUINN EMANUEL URQUHART & SULLIVAN, LLP By: 25 /s/ Kathleen M. Sullivan, Esq. 26 Attorneys for Defendants 27 28 4 JOINT CASE MANAGEMENT STATEMENT Case No. 5:11-cv-02449-EJD-PSGx

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