Silvera et al v. Carrier IQ, Inc et al

Filing 32

STIPULATION AND ORDER Granting Extension Of Time For Defendant Samsung Electronics America, Inc. To Respond To Complaint re 30 Stipulation. Signed by Judge Edward J. Davila on 12/29/2011. (ecg, COURT STAFF) (Filed on 12/29/2011)

1 STEVEN J. SKIKOS (SBN 148110)
[e-mail]
2 MARK G. CRAWFORD (SBN 136501)
[e-mail]
3 SKIKOS, CRAWFORD, SKIKOS &
JOSEPH LLP
4 625 Market Street, 11th Floor
San Francisco, CA 94105
5 Telephone: [phone]
Facsimile: [phone]
6
Attorneys for Plaintiffs
7
LANCE A. ETCHEVERRY (SBN 199916)
8 [e-mail]
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
9 300 S. Grand Avenue, Suite 3400
Los Angeles, California 90071-3144
10 Telephone: [phone]
Facsimile: [phone]
11
Attorneys for Defendant
12 SAMSUNG ELECTRONICS AMERICA,
INC.
13
Additional counsel listed on signature page
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
17
ROWENA SILVERA and ANDREW
) CASE NO.: CV-11-05821 EJD
18 SANDERS, Individually, and on Behalf of
)
all Similarly Situated Persons,
) STIPULATION RE: EXTENSION OF
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) TIME FOR DEFENDANT SAMSUNG
Plaintiffs,
) ELECTRONICS AMERICA, INC. TO
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) RESPOND TO COMPLAINT AND
v.
) [PROPOSED] ORDER EXTENDING TIME
21
) TO RESPOND TO COMPLAINT
CARRIER IQ, INC., SAMSUNG
)
22 ELECTRONICS AMERICA, INC., HTC
)
AMERICA INC., AT&T, INC., SPRINT
)
23 COMMUNICATIONS COMPANY, L.P.,
)
JOHN DOE MANUFACTURERS (1-10),
)
24 JOHN DOE CARRIERS (1-10),
)
)
25
Defendants.
)
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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT

CV-11-05821 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

3 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

5 throughout the United States by plaintiffs purporting to bring class actions on behalf of cellular
6 telephone and other device users on whose devices software made by defendant Carrier IQ, Inc. is
7 or has been embedded (collectively, including the above-captioned matter, the “CIQ cases”);
8

WHEREAS, a motion is pending before the Judicial Panel on Multidistrict Litigation to

9 transfer the CIQ cases to this jurisdiction for coordinated and consolidated pretrial proceedings
10 pursuant to 28 U.S.C. Sec. 1407, responses to the motion supporting coordination or consolidation
11 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

13 complaints in the CIQ cases;
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WHEREAS plaintiffs and defendant Samsung Electronics America, Inc. have agreed that

15 an orderly schedule for any response to the pleadings in the CIQ cases would be more efficient for
16 the parties and for the Court;
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WHEREAS plaintiffs agree that the deadline for defendant Samsung Electronics America,

18 Inc. to answer, move, or otherwise respond to their complaint shall be extended until the earliest of
19 the following dates: (1) forty-five days after the filing of a consolidated amended complaint in the
20 CIQ cases; or (2) forty-five days after plaintiffs provide written notice to defendants that plaintiffs
21 do not intend to file a consolidated amended complaint; or (3) as otherwise ordered by this Court or
22 the MDL transferee court; provided, however, that in the event that Samsung Electronics America,
23 Inc. should agree to an earlier response date in any of these cases, Samsung Electronics America,
24 Inc. will respond to the complaint in the above-captioned action on that earlier date;
25

WHEREAS this Stipulation does not constitute a waiver by Samsung Electronics America,

26 Inc. of any defense, including but not limited to the defenses of lack of personal jurisdiction,
27 subject-matter jurisdiction, improper venue, sufficiency of process or service of process;
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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT

CV-11-05821 EJD

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WHEREAS, this Stipulation does not constitute a waiver by plaintiffs of the right to move

2 for a preliminary injunction, of file a motion for expedited discovery or any other pre-answer
3 motion against Samsung Electronics America, Inc. or any other defendant and Samsung
4 Electronics America, Inc. agrees that this Stipulation shall not be the basis for objection to said
5 motions; and
6

WHEREAS, this Stipulation does not constitute a waiver by Samsung Electronics America,

7 Inc. of any defense or objection to any motion for a preliminary injunction, motion for expedited
8 discovery or any other pre-answer motion filed by plaintiffs, including but not limited to moving to
9 stay the action; and
10

WHEREAS, plaintiffs and defendant Samsung Electronics America, Inc, agree that they are

11 complying with and will continue to comply with all of their evidence preservation obligations
12 under governing law, and that the delay brought about by this Stipulation should not result in the
13 loss of any evidence.
14

NOW, THEREFORE, pursuant to Civil Local Rule 7-12, plaintiffs in the above referenced

15 case and defendant Samsung Electronics America, Inc., by and through their respective counsel of
16 record, hereby stipulate as follows:
17

1.

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respond to plaintiffs’ complaint shall be extended until the earliest of the following dates: (i)

19

forty-five days after the filing of a consolidated amended complaint in these cases; or (ii)

20

forty-five days after plaintiffs provide written notice to defendant Samsung Electronics

21

America, Inc. that plaintiffs do not intend to file a Consolidated Amended Complaint; or

22

(iii) as otherwise ordered by this Court or the MDL transferee court; provided, however,

23

that in the event that Samsung Electronics America, Inc. should agree to an earlier response

24

date in any of these cases, except by court order, Samsung Electronics America, Inc. will

25

respond to the complaint in the above-captioned case on that earlier date.

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2.

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of any 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 process.

The deadline for Samsung Electronics America, Inc. to answer, move, or otherwise

This Stipulation does not constitute a waiver by Samsung Electronics America, Inc.

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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT

CV-11-05821 EJD

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3.

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America, Inc. and the plaintiffs, agree that they are complying with and will continue to

3

comply with all evidentiary preservation obligations under governing law.

4

IT IS SO STIPULATED.

As a condition of entry into this Stipulation, defendant Samsung Electronics

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DATED: December 28, 2011

7

HERMAN GEREL LLP

8

By:

/s/Christopher V. Tisi
Christopher V. Tisi
Attorney for Plaintiffs

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DATED: December 28, 2011
SKADDEN, ARPS, SLATE, MEAGHER & FLOM, LLP

13

By:

14
15

/s/Lance A. Etcheverry
LANCE A. ETCHEVERRY
Attorney for Defendant
SAMSUNG ELECTRONICS AMERICA, INC.

16
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Additional Counsel for Plaintiffs:

HERMAN GEREL LLP
18 Maury A. Herman
[e-mail]
19 820 O’Keefe Avenue
New Orleans, LA 70113
20 Telephone: [phone]
Facsimile: [phone]
21
Christopher V. Tisi
22 [e-mail]
2000 L Street, NW Suite 400
23 Washington, D.C. 20036
Telephone: [phone]
24 Facsimile: [phone]
25 Andrea S. Hirsch
[e-mail]
26 230 Peachtree Street, Suite 2260
Atlanta, GA 30303
27 Telephone: [phone]
Facsimile: [phone]
28
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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT

CV-11-05821 EJD

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[PROPOSED] ORDER
Pursuant to stipulation, and for “good cause” shown, it is SO ORDERED.
Dated: December 29, 2011

Honorable Edward J. Davila
United States District Judge

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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT

CV-11-05821 EJD