Fischer et al v. Carrier IQ, Inc et al

Filing 15

STIPULATION AND ORDER 11 to Extend Time for Defendant HTC America, Inc. to Respond to Complaint. Signed by Judge Lucy H. Koh for Judge Ronald M. Whyte on 1/24/12. (jg, COURT STAFF) (Filed on 1/25/2012)

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MUNGER, TOLLES & OLSON LLP
HENRY WEISSMANN (SBN 132418)
[e-mail]
355 South Grand Avenue,
Thirty-Fifth Floor
Los Angeles, CA 90071-1560
Telephone:
[phone]
Facsimile:
[phone]

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MUNGER, TOLLES & OLSON LLP
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]
560 Mission Street
Twenty-Seventh Floor
San Francisco, CA 94105-2907
Telephone:
[phone]
Facsimile:
[phone]

HAGENS BERMAN SOBOL SHAPIRO LLP
STEVE W. BERMAN, pro hac vice
[e-mail]
ROBERT F. LOPEZ, pro hac vice
[e-mail]
THOMAS E. LOESER (SBN 202724)
[e-mail]
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
HAGENS BERMAN SOBOL SHAPIRO LLP
SHANA E. SCARLETT (SBN 217895)
[e-mail]
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs

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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COLLEEN FISCHER; KURT FAIRFIELD; HARRY
SARAFIAN; DAVID WILLIAMS; STEPHANIE
WIRTH; JOHN SWAFFORD; LUKE
SZULCZEWSKI; RICHARD ROSENFELD;
MICHAEL ZEMARTIS; TIMOTHY DODSON;
EVAN BROOKS; MARCUS NEAL; BRIAN
SANDSTROM; JOHN WOODS; LEONARD
HOBBS; and KENNETH TISHENKEL, on behalf of
themselves and all others similarly situated,
Plaintiffs,
v.
CARRIER IQ, INC., LG ELECTRONICS, INC.; LG
ELECTRONICS MOBILECOMM U.S.A., INC.; HTC
CORPORATION; HTC AMERICA, INC.;
SAMSUNG ELECTRONICS CO., LTD.; SAMSUNG
ELECTRONICS AMERICA, INC.; and SAMSUNG
TELECOMMUNICATIONS AMERICA, INC.,,

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CASE NO. 5:11-cv-06199 RMW
STIPULATION TO EXTEND
TIME FOR DEFENDANT TO
RESPOND TO COMPLAINT
AND [] ORDER
EXTENDING TIME TO
RESPOND TO COMPLAINT

Defendants.

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16057050.1

STIPULATION TO EXTEND TIME TO RESPOND TO
COMPLAINT & [] ORDER
CASE NO. 5:11-CV-06199 RMW

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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 or consolidated pretrial

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proceedings pursuant to 28 U.S.C. § 1407, and numerous responses to the motion supporting

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coordination or consolidation have been 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

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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

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stipulation with counsel for plaintiffs, to all named defendants who notify plaintiffs in writing of

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their intention to join this Stipulation;
16057050.1

STIPULATION TO EXTEND TIME TO RESPOND TO
COMPLAINT & [] ORDER
CASE NO. 5:11-CV-06199 RMW

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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
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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16057050.1

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STIPULATION TO EXTEND TIME TO RESPOND TO
COMPLAINT & [] ORDER
CASE NO. 5:11-CV-06199 RMW

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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: January 9, 2012

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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DATED: January 9, 2012

HAGENS BERMAN SOBOL SHAPIRO LLP

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By: /s/ Robert F. Lopez
Robert F. Lopez
Attorneys for Plaintiffs

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16057050.1

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STIPULATION TO EXTEND TIME TO RESPOND TO
COMPLAINT & [] ORDER
CASE NO. 5:11-CV-06199 RMW

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[] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

RT

h
cy H. Ko

A

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Dated:

R NIA

Judge Lu

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D

ORDERE

FO

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UNIT
ED

IT IS SO

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S DISTRICT
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F
D IS T IC T O
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Ronald M. Whyte
United States District Judge

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16057050.1

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STIPULATION TO EXTEND TIME TO RESPOND TO
COMPLAINT & [] ORDER
CASE NO. 5:11-CV-06199 RMW

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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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Robert F. Lopez concurred in this filing.

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16057050.1

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STIPULATION TO EXTEND TIME TO RESPOND TO
COMPLAINT & [] ORDER
CASE NO. 5:11-CV-06199 RMW