Silvera et al v. Carrier IQ, Inc et al

Filing 26

STIPULATION AND ORDER GRANTING Extension of Time for Defendant to Respond to Complaint as to HTC America, Inc. re 25 Stipulation. Signed by Judge Edward J. Davila on 12/28/2011. (ecg, COURT STAFF) (Filed on 12/28/2011)

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STEVEN J. SKIKOS (SBN 148110)
[e-mail]
MARK G. CRAWFOD (SBN 136501)
[e-mail]
SKIKOS, CRAWFORD, SKIKOS &
JOSEPH LLP
625 Market Street, 11th Floor
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiffs
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HENRY WEISSMANN (SBN 132418)
[e-mail]
MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue
Thirty-Fifth Floor
Los Angeles, CA 90071-1560
Telephone:
[phone]
Facsimile:
[phone]
ROSEMARIE T. RING (SBN 220769)
[e-mail]
JONATHAN H. BLAVIN (SBN 230269)
[e-mail]
VICTORIA L. BOESCH (SBN 228561)
[e-mail]
BRYAN H. HECKENLIVELY (SBN 279140)
[e-mail]
MUNGER, TOLLES & OLSON LLP
560 Mission Street
Twenty-Seventh Floor
San Francisco, CA 94105-2907
Telephone:
[phone]
Facsimile:
[phone]

Additional counsel listed on signature page
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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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ROWENA SILVERA and ANDREW
SANDERS, Individually, and on Behalf of
all Similarly Situated Persons,
Plaintiffs,

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v.

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CASE NO. 5:11-CV-05821-EJD
STIPULATION RE: EXTENSION OF
TIME FOR DEFENDANT TO RESPOND
TO COMPLAINT AND [PROPOSED]
ORDER EXTENDING TIME TO
RESPOND TO COMPLAINT

CARRIER IQ, INC., SAMSUNG
ELECTRONICS AMERICA, INC., HTC
AMERICA INC., AT&T, INC. SPRINT
COMMUNICATIONS COMPANY, L.P.,
JOHN DOE MANUFACTURERS (1-10),
JOHN DOE CARRIERS (1-10),

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Defendant.
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16032000.1

STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT
CASE NO. 5:11-CV-05821-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
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
courts throughout the United States by plaintiffs purporting to bring class actions on behalf of
cellular telephone and other device users on whose devices software made by defendant Carrier
IQ, Inc. is or has been embedded (collectively, including the above-captioned matter, the “CIQ
cases”);

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WHEREAS, a motion is pending before the Judicial Panel on Multidistrict
Litigation to transfer the CIQ cases to this jurisdiction for coordinated and consolidated pretrial
proceedings pursuant to 28 U.S.C. Sec. 1407, responses to the motion supporting coordination or
consolidation have been filed, and plaintiffs and defendants anticipate that additional responses
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
orderly schedule for any response to the pleadings in the CIQ cases would be more efficient for
the parties and for the Court;

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WHEREAS plaintiffs agree that the deadline for defendant HTC America, Inc. to
answer, move, or otherwise respond to their complaint shall be extended until the earliest of the
following dates: (1) forty-five days after the filing of a consolidated amended complaint in the
CIQ cases; or (2) forty-five days after plaintiffs provide written notice to defendants that plaintiffs
do not intend to file a consolidated amended complaint; or (3) as otherwise ordered by this Court
or the MDL transferee court; provided, however, that in the event that HTC America, Inc. should
agree to an earlier response date in any of these cases, HTC America, Inc. will respond to the
complaint in the above-captioned action on that earlier date;

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WHEREAS this Stipulation does not constitute a waiver by HTC America, Inc. of

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16032000.1

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STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT
CASE NO. 5:11-CV-05821-EJD

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any defense, including but not limited to the defenses of lack of personal jurisdiction, subject
matter jurisdiction, improper venue, sufficiency of process or service of process;

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WHEREAS, this Stipulation does not constitute a waiver by plaintiffs to move for
a preliminary injunction, motion for expedited discovery or any other pre-answer motion against
HTC America, Inc. or any other defendant and HTC America, Inc. agrees that this Stipulation
shall not be the basis for objection to said motions; and

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WHEREAS, this Stipulation does not constitute a waiver by HTC America, Inc. of
any defense or objection to any motion for a preliminary injunction, motion for expedited
discovery or any other pre-answer motion filed by plaintiffs, including but not limited to moving
to stay the action; and

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WHEREAS, plaintiffs and defendant HTC America, Inc., agree that preservation
of evidence in the CIQ cases is vital, that defendants have received litigation hold letters, that
they are complying with and will continue to comply with all of their evidence preservation
obligations under governing law, and that that the 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 abovereferenced case and defendant HTC America, Inc., by and through their respective counsel of
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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16032000.1

-3-

STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT
CASE NO. 5:11-CV-05821-EJD

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2. This Stipulation does not constitute a waiver by HTC America, Inc. of any

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defense, including but not limited to the defenses of lack of personal jurisdiction,

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subject matter jurisdiction, improper venue, sufficiency of process, or service of

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process.

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3. As a condition of entry into this Stipulation, defendant HTC America, Inc. and the

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plaintiffs, agree that they are complying with and will continue to comply with all

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evidentiary preservation obligations under governing law.

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IT IS SO STIPULATED.

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DATED: December 22, 2011

HERMAN GEREL LLP

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By: /s/ Christopher V. Tisi
Christopher V. Tisi

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Attorneys for Plaintiffs

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DATED: December 22, 2011

MUNGER, TOLLES & OLSON LLP

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By: /s/ Rosemarie T. Ring
Rosemarie T. Ring

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Attorneys for Defendant
HTC America, Inc.

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16032000.1

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STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT
CASE NO. 5:11-CV-05821-EJD

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Additional Counsel for Plaintiffs:

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HERMAN GEREL LLP

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Maury A. Herman
[e-mail]
820 O’Keefe Avenue
New Orleans, LA 70113
Telephone:
[phone]
Facsimile:
[phone]

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Christopher V. Tisi
[e-mail]
2000 L Street, NW Suite 400
Washington, D.C. 20036
Telephone:
[phone]
Facsimile:
[phone]
Andrea S. Hirsch
[e-mail]
230 Peachtree Street, Suite 2260
Atlanta, GA 30303
Telephone: [phone]
Facsimile:
[phone]

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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

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Pursuant to stipulation, it is SO ORDERED.

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Dated:

December 28, 2011
Honorable Edward J. Davila
United States District Judge

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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
being used to file this STIPULATION RE: EXTENSION OF TIME FOR DEFENDANT TO
RESPOND TO COMPLAINT AND [PROPOSED] ORDER EXTENDING TIME TO
RESPOND TO COMPLAINT. In compliance with General Order 45.X.B., I hereby attest that
Christopher V. Tisi concurred in this filing.

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16032000.1

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STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT
CASE NO. 5:11-CV-05821-EJD