Olivares et al v. Carrier IQ, Inc et al

Filing 11

STIPULATION AND ORDER RE 6 (MODIFIED BY THE COURT). Signed by Magistrate Judge Howard R. Lloyd on 1/9/12. (hrllc1, COURT STAFF) (Filed on 1/9/2012)

Case5:11-cv-06151-HRL Document6 Filed12/21/11 Page1 of 6

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BRIAN R. STRANGE (SBN 103252)
[e-mail]
STRANGE & CARPENTER
12100 Wilshire Boulevard, Suite 1900
Los Angeles, CA 90025
Telephone:
[phone]
Facsimile:
[phone]
JOSEPH H. MALLEY
(pro hac vice pending)
[e-mail]
LAW OFFICE OF JOSEPH MALLEY
1045 North Zang Boulevard
Dallas, TX 75208
Telephone: [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]
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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ISRAEL OLIVARES; CLARISSA
PORTALES; individuals, on behalf of
themselves and others similarly situated,
Plaintiffs,

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v.

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CARRIER IQ, INC., a Delaware
Corporation; HTC AMERICA, INC., a
Washington Corporation,

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CASE NO. 5:11-CV-06151 HRL
STIPULATION RE: EXTENSION OF
TIME FOR DEFENDANT TO RESPOND
TO COMPLAINT AND [PROPOSED]
ORDER EXTENDING TIME TO
RESPOND TO COMPLAINT
(MODIFIED BY THE COURT)

Defendant.

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16027907.1

STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT
CASE NO. 5:11-CV-06151 HRL

Case5:11-cv-06151-HRL Document6 Filed12/21/11 Page2 of 6

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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;
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
and the court
stipulation with counsel for plaintiffs, to all named defendants who notify plaintiffs in writing of

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STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT
CASE NO. 5:11-CV-06151 HRL

Case5:11-cv-06151-HRL Document6 Filed12/21/11 Page3 of 6

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their intention to join this Stipulation;
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;
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STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT
CASE NO. 5:11-CV-06151 HRL

Case5:11-cv-06151-HRL Document6 Filed12/21/11 Page4 of 6

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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 21, 2011

STRANGE & CARPENTER

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By: /s/ Brian R. Strange
Brian R. Strange
Attorneys for Plaintiffs

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DATED: December 21, 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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STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT
CASE NO. 5:11-CV-06151 HRL

Case5:11-cv-06151-HRL Document6 Filed12/21/11 Page5 of 6

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[PROPOSED] ORDER
Pursuant to stipulation, it is SO ORDERED.

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Dated: January 9, 2012
Honorable Howard R. Lloyd
United States Magistrate Judge

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STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT
CASE NO. 5:11-CV-06151 HRL

Case5:11-cv-06151-HRL Document6 Filed12/21/11 Page6 of 6

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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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Brian R. Strange concurred in this filing.

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STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT
CASE NO. 5:11-CV-06151 HRL