Thomas, et al v. Carrier IQ Inc, et al

Filing 20

ORDER re 18 Stipulation, filed by Samsung Telecommunications America, Inc., Samsung Electronics America, Inc. Signed by Judge Lucy H. Koh on 1/18/2012. (lhklc2, COURT STAFF) (Filed on 1/18/2012)

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Case5:11-cv-05819-LHK Document18 Filed01/11/12 Page1 of 6 1 LANCE A. ETCHEVERRY (STATE BAR NO. 199916) Lance.Etcheverry@skadden.com 2 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 300 South Grand Avenue, Suite 3400 3 Los Angeles, California 90071 Telephone: (213) 687-5000 4 Facsimile: (213) 687-5600 5 S. SHERYL LEUNG (STATE BAR NO. 238229) Sheryl.Leung@skadden.com 6 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 525 University Avenue, Suite 1100 7 Palo Alto, California 94301 Telephone: (650) 470-4500 8 Facsimile: (650) 470-4570 9 Attorneys for Defendants SAMSUNG ELECTRONICS AMERICA, INC. and 10 SAMSUNG TELECOMMUNICATIONS AMERICA, LLC 11 12 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) ) ) ) Plaintiffs, ) vs. ) ) CARRIER IQ, INC. a Delaware corporation; ) SAMSUNG ELECTRONICS CO., LTD., a ) Korean company; SAMSUNG ELECTRONICS ) AMERICA, INC., a New York corporation; and ) ) SAMSUNG TELECOMMUNICATIONS ) AMERICA, INC., a Delaware corporation, ) Defendants. ) ) ERIC THOMAS, a Texas resident; and 14 BENJAMIN LANCASTER, a Pennsylvania resident, on behalf of themselves and all others 15 similarly situated, 16 17 18 19 20 21 22 CASE NO. 5:11-CV-05819-LHK STIPULATION RE CONTINUANCE OF TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT 23 24 25 26 27 28 STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT AND [PROPOSED] ORDER CASE NO. 5:11-CV-05819-LHK Case5:11-cv-05819-LHK Document18 Filed01/11/12 Page2 of 6 1 WHEREAS the above-referenced plaintiffs filed the above-captioned case; 2 WHEREAS the above-referenced plaintiffs allege violations of the Federal Wiretap 3 Act and other laws by the defendants in this case; 4 WHEREAS, there have been no other modifications to the time to answer, move or 5 otherwise respond to the complaint in this action with respect to claims asserted against defendants 6 Samsung Electronics America, Inc. and Samsung Telecommunications America, LLC1. (the 7 “Samsung Defendants”); 8 WHEREAS, pursuant to an ADR Scheduling Order dated December 2, 2011, the 9 Initial Case Management Conference in the above-captioned action is scheduled for February 28, 10 2012; 11 WHEREAS, over 50 other complaints have been filed to-date in federal district 12 courts throughout the United States by plaintiffs purporting to bring class actions on behalf of 13 cellular telephone and other device users on whose devices software made by defendant Carrier IQ, 14 Inc. is or has been embedded (collectively, including the above-captioned matter, the “CIQ cases”); 15 WHEREAS, a motion is pending before the Judicial Panel on Multidistrict 16 Litigation to transfer the CIQ cases to this jurisdiction for coordinated and consolidated pretrial 17 proceedings pursuant to 28 U.S.C. Sec. 1407, and responses to the motion supporting coordination 18 or consolidation have been filed; 19 WHEREAS plaintiffs anticipate the possibility of one or more consolidated 20 amended complaints in the CIQ cases; 21 WHEREAS plaintiffs and the Samsung Defendants have agreed that an orderly 22 schedule for any response to the pleadings in the CIQ cases would be more efficient for the parties 23 and for the Court; 24 WHEREAS plaintiffs agree that the deadline for the Samsung Defendants to 25 answer, move, or otherwise respond to their complaint shall be extended until the earliest of the 26 27 1 Samsung Telecommunications America, LLC was erroneously sued as Samsung Telecommunications America, Inc. 28 1 STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT AND [PROPOSED] ORDER CASE NO. 5:11-CV-05819-LHK Case5:11-cv-05819-LHK Document18 Filed01/11/12 Page3 of 6 1 following dates: (1) forty-five days after the filing of a consolidated amended complaint in the CIQ 2 cases; or (2) forty-five days after plaintiffs provide written notice to defendants that plaintiffs do 3 not intend to file a consolidated amended complaint; or (3) as otherwise ordered by this Court or 4 the MDL transferee court; provided, however, that in the event that any of the Samsung Defendants 5 should agree to an earlier response date in any of these cases, that Samsung Defendant will respond 6 to the complaint in the above-captioned action on that earlier date; 7 WHEREAS plaintiffs further agree that this extension is available, without further 8 stipulation with counsel for plaintiffs, to all named defendants who notify plaintiffs in writing of 9 their intention to join this Stipulation; 10 WHEREAS this Stipulation does not constitute a waiver by the Samsung 11 Defendants of any defense, including but not limited to the defenses of lack of personal 12 jurisdiction, subject matter jurisdiction, improper venue, sufficiency of process, or service of 13 process; 14 WHEREAS, with respect to any defendant joining the Stipulation, this Stipulation 15 does not constitute a waiver of any defense, including but not limited to the defenses of lack of 16 personal jurisdiction, subject matter jurisdiction, improper venue, sufficiency of process, or service 17 of process; and 18 WHEREAS, plaintiffs and the Samsung Defendants, as well as any defendant 19 joining this Stipulation, agree that preservation of evidence in the CIQ cases is vital, that 20 defendants have received litigation hold letters, that they are complying with and will continue to 21 comply with all of their evidence preservation obligations under governing law, and that the delay 22 brought about by this Stipulation should not result in the loss of any evidence. 23 Now, therefore, pursuant to Civil Local Rule 7-12, plaintiffs in the above-referenced 24 case and the Samsung Defendants, by and through their respective counsel of record, hereby 25 stipulate as follows: 26 1. The deadline for the Samsung Defendants to answer, move, or otherwise 27 respond to plaintiffs’ complaint shall be extended until the earliest of the following dates: forty-five 28 days after the filing of a consolidated amended complaint in these cases; or forty-five days after 2 STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT AND [PROPOSED] ORDER CASE NO. 5:11-CV-05819-LHK Case5:11-cv-05819-LHK Document18 Filed01/11/12 Page4 of 6 1 plaintiffs provide written notice to the Samsung Defendants that plaintiffs do not intend to file a 2 Consolidated Amended Complaint; or as otherwise ordered by this Court or the MDL transferee 3 court; provided, however, that in the event that any of the Samsung Defendants should agree to an 4 earlier response date in any of these cases, except by court order, that Samsung Defendant will 5 respond to the complaint in the above-captioned case on that earlier date. 6 2. This extension is available, without further stipulation with counsel for 7 plaintiffs, to all named defendants who notify plaintiffs in writing of their intention to join this 8 Stipulation. 9 3. This Stipulation does not constitute a waiver by the Samsung Defendants or 10 any other named defendant joining the Stipulation of any defense, including but not limited to the 11 defenses of lack of personal jurisdiction, subject matter jurisdiction, improper venue, sufficiency of 12 process, or service of process. 13 4. As a condition of entry into this Stipulation, the Samsung Defendants and 14 any other defendant(s) joining this Stipulation, and the plaintiffs, agree that they are complying 15 with and will continue to comply with all evidentiary preservation obligations under governing 16 law. 17 IT IS SO STIPULATED. 18 DATED: January 11, 2012 19 HAGENS BERMAN SOBOL SHAPIRO LLP 20 By: 21 22 23 24 25 26 27 28 /s/ Thomas E. Loeser Steve W. Berman, pro hac vice Robert F. Lopez, pro hac vice Thomas E. Loeser (202724) HAGENS BERMAN SOBOL SHAPIRO LLP 1918 Eighth Avenue, Suite 3300 Seattle, WA 98101 (206) 623-7292 SHANA E. SCARLETT (217895) 715 Hearst Avenue, Suite 202 Berkeley, CA 94710 Telephone: (510) 725-3000 Facsimile: (510) 725-3001 shanas@hbsslaw.com Attorneys for Plaintiffs and the Proposed Class 3 STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT AND [PROPOSED] ORDER CASE NO. 5:11-CV-05819-LHK Case5:11-cv-05819-LHK Document18 Filed01/11/12 Page5 of 6 1 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 2 3 By: /s/ Lance A. Etcheverry Lance A. Etcheverry 4 5 6 300 South Grand Avenue, Suite 3400 Los Angeles, California 90071 Telephone: (213) 687-5000 Facsimile: (213) 687-5600 lance.etcheverry@skadden.com 7 8 9 Attorneys for Defendants SAMSUNG ELECTRONICS AMERICA, INC. and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT AND [PROPOSED] ORDER CASE NO. 5:11-CV-05819-LHK Case5:11-cv-05819-LHK Document18 Filed01/11/12 Page6 of 6 1 2 CERTIFICATION I, Lance A. Etcheverry, am the ECF User whose identification and password are being used 3 to file this STIPULATION RE CONTINUANCE OF TIME FOR DEFENDANTS TO 4 RESPOND TO COMPLAINT AND [PROPOSED] ORDER EXTENDING TIME TO 5 RESPOND TO COMPLAINT. In compliance with General Order 45.X.B, I hereby attest that 6 Thomas E. Loeser has concurred in this filing. 7 8 DATED: January 11, 2012 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 9 10 By: 11 12 /s/ Lance A. Etcheverry Lance A. Etcheverry 300 South Grand Avenue, Suite 3400 Los Angeles, California 90071 Telephone: (213) 687-5000 Facsimile: (213) 687-5600 13 14 15 Attorneys for Defendants SAMSUNG ELECTRONICS AMERICA, INC. and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC 16 17 . 18 19 20 PURSUANT TO STIPULATION, IT IS SO ORDERED. January 18 21 Dated: _______________, 2012 22 23 24 By: Hon. Lucy H. Koh UNITED STATES DISTRICT JUDGE 25 26 27 28 5 STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT AND [PROPOSED] ORDER CASE NO. 5:11-CV-05819-LHK

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