Davis et al v. Facebook, Inc.

Filing 19

STIPULATION AND ORDER AS MODIFIED BY THE COURT RE 18 REQUEST FOR AN ORDER GRANTING A STAY. The stipulated request for a temporary stay of this action is granted until either (1) thirty (30) days after the MDL Panel has issued a ruling on on the cur rently pending motion for coordination or consolidation OR (2) March 30, 2012, whichever date occurs earlier. Theparties may apply for an extension of this temporary stay should the circumstances so require. Signed by Judge Edward J. Davila on 11/8/2011. (ejdlc1, COURT STAFF) (Filed on 11/9/2011)

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S Attorneys for Defendant FACEBOOK, INC. (Additional parties on signature page) RT ER rd J . D a R NIA d wa J u d ge E vila A H 5 NO 4 FO 8 3 DERED SO OR IT IS DIFIED AS MO LI 7 2 UNIT ED 6 COOLEY LLP MICHAEL G. RHODES (116127) (rhodesmg@cooley.com) MATTHEW D. BROWN (196972) (brownmd@cooley.com) JEFFREY M. GUTKIN (216083) (jgutkin@cooley.com) 101 California Street, 5th Floor San Francisco, CA 94111-5800 Telephone: (415) 693-2000 Facsimile: (415) 693-2222 RT U O 1 S DISTRICT TE C TA N F D IS T IC T O R C 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN JOSE DIVISION 13 14 15 16 17 18 19 20 21 PERRIN AIKENS DAVIS, PETERSEN GROSS, DR. BRIAN K. LENTZ, TOMMASINA IANNUZZI, TRACY SAURO, JENNIFER SAURO, and LISA SABATO, individually and on behalf of all others similarly situated, Case No. 11-CV-04834-EJD-PSG STIPULATED REQUEST FOR AN ORDER GRANTING A STAY AND [PROPOSED] ORDER (CIV. L.R. 6-2) ACTION FILED: September 30, 2011 Plaintiffs, v. FACEBOOK, INC., a Delaware Corporation Defendant. 22 23 Plaintiffs Perrin Aikens Davis, Petersen Gross, Dr. Brian K. Lentz, Tommasina Iannuzzi, 24 Tracy Sauro, Jennifer Sauro, and Lisa Sabatao (collectively, the “Plaintiffs”), and defendant 25 Facebook, Inc. (“Facebook”) (collectively, the “Parties”) by and through their respective counsel, 26 hereby make a stipulated request for an Order staying all proceedings and deadlines in this action 27 until thirty (30) days after the Panel on Multidistrict Litigation (“Panel”) has issued a ruling on 28 the currently pending motion for coordination or consolidation of this and other actions captioned COOLEY LLP ATTORNEYS AT LAW SAN FRANCISCO 1. STIPULATED REQUEST FOR AN ORDER GRANTING A STAY & [PROPOSED] ORDER NO. 11-CV-04834-EJD-PSG 1 In re Facebook Internet Tracking Litigation (MDL No. 2314) (“MDL Motion”). This request is 2 made pursuant to Federal Rule of Civil Procedure 6(b)(1) and Civil Local Rule 6-2 and is 3 supported by the concurrently-filed Declaration of Kyle C. Wong. 4 WHEREAS, the complaint in the above-captioned action was filed on September 30, 2011 5 and alleges, among other things, that Facebook collected data regarding Facebook users’ Internet 6 activity without their consent while those users were logged out of their Facebook accounts; 7 WHEREAS, thirteen other highly-similar actions have since been filed in this and other 8 district courts across the country (together with the above-captioned action, the “Related 9 Actions”), also alleging that Facebook collected data regarding Facebook users’ Internet activity 10 without their consent while those users were logged out of their Facebook accounts, and the 11 Parties anticipate that other complaints with similar allegations are likely to be filed; 12 WHEREAS, Plaintiffs in this action filed the MDL Motion to transfer eleven of these 13 actions (those of the Related Actions that had been filed at the time), including the above- 14 captioned action, to the Northern District of California for pretrial coordination or consolidation 15 pursuant to 28 U.S.C. Section 1407 (Mot. to Transfer and Consolidate, In re Facebook Internet 16 Tracking Litig. (MDL No. 2314 Dkt. No. 3 at 1); 17 WHEREAS, Facebook will support the pretrial coordination or consolidation of the 18 Related Actions and intends to file a notice of tag-along actions requesting transfer and 19 coordination or consolidation of the three related actions filed after the MDL Motion; 20 21 22 23 24 WHEREAS, the Parties anticipate, given the similarities among the Related Actions, that the Panel will grant the MDL Motion; WHEREAS, Facebook’s current deadline to answer, move to dismiss, or otherwise respond to Plaintiffs’ Complaint is December 2, 2011; WHEREAS, pursuant to Your Honor’s Order of Oct. 26, 2011, the Court has scheduled a 25 Case Management Conference for January 6, 2012 (Davis, et al. v. Facebook, Inc., Dkt. No. 16); 26 WHEREAS, the Parties have not previously requested any time modifications in the case; 27 WHEREAS, there have been no previous time modifications in the case, other than in the 28 COOLEY LLP ATTORNEYS AT LAW SAN FRANCISCO Order of Oct. 26, 2011, whether by stipulation or court order; 2. STIPULATED REQUEST FOR AN ORDER GRANTING A STAY & [PROPOSED] ORDER NO. 11-CV-04834-EJD-PSG 1 WHEREAS, in light of the high probability that this action will be consolidated with the 2 Related Actions, the Parties respectfully submit that a brief stay of this action would promote 3 efficiency and the interests of justice; 4 WHEREAS, stays of this type have already been granted in three of the Related Actions 5 (Order Granting Stay, Thompson v. Facebook, Inc., No. 11-cv-04256 (W.D. Mo. Oct. 26, 2011); 6 Order Granting Stay, Hoffman v. Facebook, Inc., No. 5:11-cv-00166 (W.D. Ky. Dec. 2, 2011); 7 Order Granting Stay, Graham v. Facebook, Inc., No. 2:11-cv-00166 (D. Kan. Dec. 3, 2011)); and 8 WHEREAS, the Parties believe the stay is not likely to be overly lengthy as briefing on 9 the MDL Motion is due to be completed on November 15, 2011 and the MDL Motion is expected 10 to be heard by the Panel at its January 26, 2012 hearing in Miami, Florida. 11 12 IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for 13 Plaintiffs and Facebook, that: 14 1. All proceedings and deadlines in the above-captioned action are stayed until thirty 15 (30) days after the Panel on Multidistrict Litigation rules on the MDL Motion or until further 16 order of this Court; 17 18 2. This stay shall include a continuance of Facebook’s deadline to answer, move to dismiss, or otherwise respond to Plaintiff’s Complaint; 19 3. Any obligations for the parties to meet and confer regarding initial disclosures 20 under FRCP 26(f) and obligations to file ADR certifications or Notice of Need for ADR Phone 21 Conference pursuant to ADR L.R. 3-5 and Civil L.R. 16-8 are stayed until further Order from the 22 Court; and 23 4. Nothing in this Order shall prohibit any party in the above-captioned action from 24 petitioning the court to lift the stay as events warrant. 25 // 26 // 27 // 28 // COOLEY LLP ATTORNEYS AT LAW SAN FRANCISCO 3. STIPULATED REQUEST FOR AN ORDER GRANTING A STAY & [PROPOSED] ORDER NO. 11-CV-04834-EJD-PSG 1 Dated: November 7, 2011 COOLEY LLP 2 3 4 ______________________ /s/ Jeffrey M. Gutkin JEFFREY M. GUTKIN 5 Attorneys for Defendant FACEBOOK, INC. 6 7 8 Dated: November 7, 2011 9 Attorneys for Plaintiffs PERRIN AIKENS DAVIS, PETERSEN GROSS, DR. BRIAN K. LENTZ, TOMMASINA IANNUZZI, TRACY SAURO, JENNIFER SAURO, and LISA SABATO (plaintiffs in the above-captioned action) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 /s/ David A. Straite _____________________ DAVID A. STRAITE EICHEN CRUTCHLOW ZASLOW & McELROY LLP BARRY R. EICHEN (NJ 015851986) (pro hac vice) (beichen@njadvocates.com) DARYL L. ZASLOW (NJ 014391996) (dzaslow@njadvocates.com) 40 Ethel Road Edison, NJ 08817 Telephone: (732) 777-0100 Facsimile: (732) 248-8273 SIANNI & STRAITE LLP DAVID A. STRAITE (Del. 5428) (pro hac vice) (dstraite@siannistraite.com) RALPH N. SIANNI (Del. 4151) (rsianni@siannistraite.com) 1201 N. Orange St., Suite 740 Wilmington, DE 19801 Telephone: (302) 573-3560 Facsimile: (302) 358-2975 ARCHER NORRIS PLC JONATHAN W. THAMES (242158) (jthames@archernorris.com) 2033 North Main Street, Suite 800 Walnut Creek, CA 94596 Telephone: (925) 930-6600 Facsimile: (925) 930-6620 KEEFE BARTELS LLP STEPHEN G. GRYGIEL (Del. 4944) (sgrygiel@keefebartels.com) JOHN E KEEFE, JR. (NJ 034081990) STEPHEN SULLIVAN, JR. (NJ 023411997) 170 Monmouth Street Red Bank, NJ 07701 Telephone: (732) 224-9400 Facsimile: (732) 224-9494 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW SAN FRANCISCO 4. STIPULATED REQUEST FOR AN ORDER GRANTING A STAY & [PROPOSED] ORDER NO. 11-CV-04834-EJD-PSG 1 2 3 4 5 6 [PROPOSED] ORDER The above stipulation having been considered and good cause appearing therefore, the stipulated request for a temporary stay of this action is granted until either (1) thirty (30) PURSUANT TO STIPULATION, IT IS SO ORDERED. days after the MDL Panel has issued a ruling on on the currently pending motion for coordination or consolidation OR (2) March 30, 2012, whichever date occurs earlier. The parties may apply for an extension of this temporary stay should the circumstances so require. IT IS SO ORDERED. IT IS SO ORDERED. DATED:___________________ _________________________________________ The Honorable Edward J. Davila DATED: November 8, 2011 UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW SAN FRANCISCO 5. STIPULATED REQUEST FOR AN ORDER GRANTING A STAY & [PROPOSED] ORDER NO. 11-CV-04834-EJD-PSG

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