Kenny et al v. Carrier IQ, Inc et al
Filing
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STIPULATION AND ORDER Granting Extension of Time for Defendant to Respond to Complaint as to HTC America Inc. re 24 Stipulation. Signed by Judge Edward J. Davila on 12/21/2011. (ecg, COURT STAFF) (Filed on 12/21/2011)
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MUNGER, TOLLES & OLSON LLP
HENRY WEISSMANN (SBN 132418)
Henry.Weissmann@mto.com
355 South Grand Avenue,
Thirty-Fifth Floor
Los Angeles, CA 90071-1560
Telephone:
(213) 683-9100
Facsimile:
(213) 687-3702
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MUNGER, TOLLES & OLSON LLP
ROSEMARIE T. RING (SBN 220769)
Rose.Ring@mto.com
JONATHAN H. BLAVIN (SBN 230269)
Jonathan.Blavin@mto.com
Victoria L. Boesch (SBN 228561)
Victoria.Boesch@mto.com
BRYAN H. HECKENLIVELY (SBN 279140)
Bryan.Heckenlively@mto.com
560 Mission Street
Twenty-Seventh Floor
San Francisco, CA 94105-2907
Telephone:
(415) 512-4000
Facsimile:
(415) 512-4077
HAGENS BERMAN SOBOL SHAPIRO LLP
STEVE W. BERMAN, pro hac vice
steve@hbsslaw.com
ROBERT F. LOPEZ, pro hac vice
robl@hbsslaw.com
THOMAS E. LOESER (SBN 202724)
toml@hbsslaw.com
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
HAGENS BERMAN SOBOL SHAPIRO LLP
SHANA E. SCARLETT (SBN 217895)
shanas@hbsslaw.com
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: (510) 725-3000
Facsimile: (510) 725-3001
Attorneys for Plaintiffs Patrick Kenny, Justin
Sharp, Jeremy Feitelson, and Greg Feitelson
and the Proposed Class
Attorneys for Defendant HTC AMERICA,
INC.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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PATRICK KENNY, an Arizona resident,
JUSTIN SHARP, a California resident,
JEREMY FEITELSON, an Iowa resident,
and GREG FEITELSON, a Kentucky
resident, on behalf of themselves and all
others similarly situated,
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STIPULATION RE: EXTENSION OF
TIME FOR DEFENDANT TO RESPOND
TO COMPLAINT AND [PROPOSED]
ORDER EXTENDING TIME TO
RESPOND TO COMPLAINT
Plaintiffs,
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CASE NO. CV-11-05774 EJD
v.
CARRIER IQ, INC., a Delaware
corporation, HTC CORPORATION, a
Taiwanese company; HTC AMERICA,
INC., a Washington corporation; and
SAMSUNG ELECTRONICS CO., LTD. a
Korean company,
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Defendants.
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16019767.1
STIP RE EXTENSION OF TIME TO RESPOND TO
COMPLAINT & PROPOSED ORDER CV-11-05774 EJD
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WHEREAS the above-referenced plaintiffs filed the above-captioned case;
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WHEREAS the above-referenced plaintiffs allege violations of the Federal
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Wiretap Act and other laws by the defendants in this case;
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WHEREAS over 50 other complaints have been filed to-date in federal district
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courts throughout the United States by plaintiffs purporting to bring class actions on behalf of
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cellular telephone and other device users on whose devices software made by defendant Carrier
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IQ, Inc. is or has been embedded (collectively, including the above-captioned matter, the “CIQ
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cases”);
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WHEREAS, a motion is pending before the Judicial Panel on Multidistrict
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Litigation to transfer the CIQ cases to this jurisdiction for coordinated and consolidated pretrial
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proceedings pursuant to 28 U.S.C. Sec. 1407, responses to the motion supporting coordination or
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consolidation have been filed, and plaintiffs and defendants anticipate that additional responses
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will be filed;
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WHEREAS plaintiffs anticipate the possibility of one or more consolidated
amended complaints in the CIQ cases;
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WHEREAS plaintiffs and defendant HTC America, Inc. have agreed that an
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orderly schedule for any response to the pleadings in the CIQ cases would be more efficient for
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the parties and for the Court;
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WHEREAS plaintiffs agree that the deadline for defendant HTC America, Inc. to
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answer, move, or otherwise respond to their complaint shall be extended until the earliest of the
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following dates: (1) forty-five days after the filing of a consolidated amended complaint in the
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CIQ cases; or (2) forty-five days after plaintiffs provide written notice to defendants that plaintiffs
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do not intend to file a consolidated amended complaint; or (3) as otherwise ordered by this Court
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or the MDL transferee court; provided, however, that in the event that HTC America, Inc. should
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agree to an earlier response date in any of these cases, HTC America, Inc. will respond to the
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complaint in the above-captioned action on that earlier date;
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WHEREAS plaintiffs further agree that this extension is available, without further
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stipulation with counsel for plaintiffs, to all named defendants who notify plaintiffs in writing of
16019767.1
STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT
CASE NO. 5:11-CV-05821-EJD
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their intention to join this Stipulation;
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WHEREAS this Stipulation does not constitute a waiver by HTC America, Inc. of
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any defense, including but not limited to the defenses of lack of personal jurisdiction, subject
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matter jurisdiction, improper venue, sufficiency of process or service of process;
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WHEREAS, with respect to any defendant joining the Stipulation, this Stipulation
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does not constitute a waiver of any defense, including but not limited to the defenses of lack of
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personal jurisdiction, subject matter jurisdiction, improper venue, sufficiency of process, or
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service of process; and
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WHEREAS, plaintiffs and defendant HTC America, Inc., as well as any defendant
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joining this Stipulation, agree that preservation of evidence in the CIQ cases is vital, that
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defendants have received litigation hold letters, that they are complying with and will continue to
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comply with all of their evidence preservation obligations under governing law, and that that the
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delay brought about by this Stipulation should not result in the loss of any evidence,
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Now, therefore, pursuant to Civil Local Rule 7-12, plaintiffs in the above-
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referenced case and defendant HTC America, Inc., by and through their respective counsel of
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record, hereby stipulate as follows:
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1. The deadline for HTC America, Inc. to answer, move, or otherwise respond to
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plaintiffs’ complaint shall be extended until the earliest of the following dates:
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forty-five days after the filing of a consolidated amended complaint in these cases;
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or forty-five days after plaintiffs provide written notice to defendant HTC
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America, Inc. that plaintiffs do not intend to file a Consolidated Amended
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Complaint; or as otherwise ordered by this Court or the MDL transferee court;
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provided, however, that in the event that HTC America, Inc. should agree to an
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earlier response date in any of these cases, except by court order, HTC America,
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Inc. will respond to the complaint in the above-captioned case on that earlier date.
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2. This extension is available, without further stipulation with counsel for plaintiffs,
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to all named defendants who notify plaintiffs in writing of their intention to join
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this Stipulation;
16019767.1
-2-
STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT
CASE NO. 5:11-CV-05821-EJD
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3. This Stipulation does not constitute a waiver by HTC America, Inc. or any other
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named defendant joining the Stipulation of any defense, including but not limited
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to the defenses of lack of personal jurisdiction, subject matter jurisdiction,
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improper venue, sufficiency of process, or service of process.
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4. As a condition of entry into this Stipulation, defendant HTC America, Inc. and any
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other defendant(s) joining this Stipulation, and the plaintiffs, agree that they are
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complying with and will continue to comply with all evidentiary preservation
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obligations under governing law.
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IT IS SO STIPULATED.
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DATED: December 20, 2011
MUNGER, TOLLES & OLSON LLP
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By: /s/ Rosemarie T. Ring
Rosemarie T. Ring
Attorneys for Defendant
HTC America, Inc.
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DATED: December 20, 2011
HAGENS BERMAN SOBOL SHAPIRO LLP
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By: /s/ Robert F. Lopez
Robert F. Lopez
Attorneys for Plaintiffs Patrick Kenny,
Justin Sharp, Jeremy Feitelson, and Greg
Feitelson and the Proposed Class
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16019767.1
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STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT
CASE NO. 5:11-CV-05821-EJD
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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated: December 21, 2011
Edward J. Davila
United States District Judge
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16019767.1
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STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT
CASE NO. 5:11-CV-05821-EJD
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CERTIFICATION
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I, Rosemarie T. Ring, am the ECF User whose identification and password are
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being used to file this STIPULATION RE: EXTENSION OF TIME FOR DEFENDANT TO
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RESPOND TO COMPLAINT AND [PROPOSED] ORDER EXTENDING TIME TO
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RESPOND TO COMPLAINT. In compliance with General Order 45.X.B., I hereby attest that
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Robert F. Lopezp concurred in this filing.
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16019767.1
-5-
STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT
CASE NO. 5:11-CV-05821-EJD
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