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

Filing 23

ORDER by Judge Lucy H. Koh granting 22 Stipulation (lhklc2, COURT STAFF) (Filed on 2/9/2012)

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RODGER R. COLE (CSB No. 178865)
[e-mail]
MOLLY R. MELCHER (CSB No. 272950)
[e-mail]
FENWICK & WEST LLP
Silicon Valley Center
801 California Street
Mountain View, CA 94041
Telephone:
650.988.8500
Facsimile:
650.938.5200

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TYLER G. NEWBY (CSB No. 205790)
[e-mail]
JENNIFER J. JOHNSON (CSB No. 252897)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]

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MOUNTAIN VIEW

ATTORNEYS AT LAW

F ENWICK & W EST LLP

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Attorneys for DEFENDANT
CARRIER IQ, 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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ERIC THOMAS, a Texas resident, and
BENJAMIN LANCASTER, a Pennsylvania
resident, on behalf of themselves and all others
similarly situated,

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ORDER GRANTING STIPULATION
FOR CONTINUANCE

Plaintiffs,

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Case No.: 11-cv-05819-LHK

v.
CARRIER IQ, 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,

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Defendants.

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ORDER

Case No.: 11-cv-5819-LHK

The parties agreed to the following stipulation at ECF No. 22:

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“NOW THEREFORE, Plaintiffs, Carrier IQ, and Samsung, by and through their
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respective counsel of record, hereby stipulate as follows:
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The dates currently set for ADR certification and selection, currently set for February 7,
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2012, and initial disclosures and the filing of Rule 26(f) reports, currently set for February 21,
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2012, are stayed until further order from this Court, or as otherwise ordered by the MDL
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transferee court if the MDL Motion is granted, provided, however, that in the event that Carrier
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IQ or Samsung are ordered or should agree to make initial disclosures in any of the CIQ cases
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sooner, then Carrier IQ or Samsung, whichever of these two defendants agreed to make initial
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disclosures, or both Carrier IQ and Samsung, in the event that both agree to make initial
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disclosures, will make initial disclosures to the plaintiffs in this case in the same format and on

MOUNTAIN VIEW

the same date as they first make initial disclosures to plaintiffs in any of the other CIQ cases.
ATTORNEYS AT LAW

F ENWICK & W EST LLP

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This Stipulation does not constitute a waiver by Carrier IQ or Samsung of any defense,
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including but not limited to the defenses of lack of personal jurisdiction, lack of subject matter
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jurisdiction, improper venue, sufficiency of process, or service of process.”
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Pursuant to the parties’ stipulation, it is SO ORDERED.
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Dated: February 9, 2012
Honorable Lucy H. Koh
United States District Judge

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ORDER

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Case No.: 11-cv-5819-LHK