Gonzalez v. Carrier IQ, Inc et al

Filing 12

ORDER re 11 Granting Stay. Signed by Judge Lucy H. Koh on 1/18/12. (lhklc3, COURT STAFF) (Filed on 1/18/2012)

Case5:11-cv-06202-LHK Document11 Filed01/06/12 Page1 of 5

1 LANCE A. ETCHEVERRY (STATE BAR NO. 199916)
[e-mail]
2 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
300 South Grand Avenue, Suite 3400
3 Los Angeles, California 90071
Telephone: [phone]
4 Facsimile: [phone]
5 S. SHERYL LEUNG (STATE BAR NO. 238229)
[e-mail]
6 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
525 University Avenue, Suite 1100
7 Palo Alto, California 94301
Telephone: [phone]
8 Facsimile: [phone]
9 Attorneys for Defendants
SAMSUNG ELECTRONICS AMERICA, INC. and
10 SAMSUNG TELECOMMUNICATIONS AMERICA, LLC
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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JOSEPHINE GONZALEZ, Individually and
14 on Behalf of All Others Similarly Situated,
Plaintiff,

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vs.

CARRIER IQ, INC.; SAMSUNG
17 ELECTRONICS AMERICA, INC.;
18 SAMSUNG TELECOMMUNICATIONS
AMERICA, INC.; and DOES 1-25, Inclusive,
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Defendants.
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CASE NO. 5:11-CV-06202-LHK
STIPULATED REQUEST FOR AN
ORDER GRANTING A STAY AND
[PROPOSED] ORDER

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STIPULATED REQUEST FOR AN ORDER GRANTING A STAY AND [PROPOSED] ORDER

CASE NO. 5:11-CV-06202-LHK

Case5:11-cv-06202-LHK Document11 Filed01/06/12 Page2 of 5

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STIPULATED REQUEST FOR AN ORDER
GRANTING A STAY AND [PROPOSED] ORDER

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Plaintiff Josephine Gonzalez and Defendants Samsung Electronics America, Inc.

4 and Samsung Telecommunications America, LLC1 (the “Samsung Defendants”) (collectively, the
5 “Stipulating Parties”) by and through their respective counsel, hereby make a stipulated request for
6 an Order staying all proceedings and deadlines in this action until forty-five (45) days after the
7 Panel on Multidistrict Litigation (“Panel”) has issued a ruling on the currently pending motions for
8 coordination or consolidation of this and other actions captioned In re Carrier IQ, Inc. Consumer
9 Privacy Litigation (MDL No. 2330) (the “MDL Motions”), and in support of this Request, state as
10 follows:
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WHEREAS, the Complaint in the above-captioned action was filed on December 9,

12 2011;
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WHEREAS, there have been no other modifications to the Samsung Defendants’

14 time to answer, move or otherwise respond to the complaint in this action;
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WHEREAS, pursuant to an ADR Scheduling Order dated December 9, 2011, the

16 Initial Case Management Conference in the above-captioned action is scheduled for March 6,
17 2012;
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WHEREAS, the Complaint alleges, among other things, that Defendants violated

19 the privacy rights of mobile phone and other device consumers whose devices use software made
20 by defendant Carrier IQ, Inc.;
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WHEREAS over 50 other complaints have been filed to date in federal district

22 courts throughout the United States by consumers purporting to bring class actions on behalf of
23 similarly situated class members (collectively, including the above-captioned matter, the “CIQ
24 cases”);
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Samsung Telecommunications America, LLC was erroneously sued as Samsung
Telecommunications America, Inc.
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STIPULATED REQUEST FOR AN ORDER GRANTING A STAY AND [PROPOSED] ORDER

CASE NO. 5:11-CV-06202-LHK

Case5:11-cv-06202-LHK Document11 Filed01/06/12 Page3 of 5

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WHEREAS, several motions are pending before the Judicial Panel on Multidistrict

2 Litigation to transfer the CIQ cases to various transferee courts for coordinated and consolidated
3 pretrial proceedings pursuant to 28 U.S.C. Sec. 1407, responses to the motions supporting
4 coordination or consolidation were filed on December 27, 2011, and Plaintiff and the Samsung
5 Defendants anticipate that additional responses will be filed; and
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WHEREAS, in light of the pending MDL Motions and to facilitate an orderly

7 schedule for responding to the pleadings in the CIQ Cases, the Stipulating Parties in this case have
8 agreed that the deadline for the Samsung Defendants to answer, move, or otherwise respond to the
9 Complaint shall be extended until forty-five (45) days after the Judicial Panel on Multidistrict
10 Litigation issues an order deciding the MDL Motions, or as otherwise ordered by the MDL
11 transferee court if one of the MDL Motions is granted; provided, however, that in the event that
12 any of the Samsung Defendants should agree to an earlier response date in any of the CIQ Cases,
13 that Samsung Defendant will respond to the Complaint on that earlier date;
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IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned

15 counsel for Plaintiff and Samsung Defendants, that:
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1.

Pursuant to Local Rule 6-1, 6-2 and 7-12, all proceedings and deadlines in

17 the above-captioned action that pertain to the Samsung Defendants are stayed until forty-five (45)
18 days after the Panel on Multidistrict Litigation rules on the MDL Motions or until further order of
19 this Court or the MDL Transferee Court;
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2.

This stay shall include a continuance of the Samsung Defendants’ deadline

21 to answer, move to dismiss, or otherwise respond to the Complaint;
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3.

Any obligations of the Stipulating Parties to meet and confer regarding

23 initial disclosures under FRCP 26(f) are stayed until further Order from the Court or the MDL
24 Transferee Court;
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4.

This Stipulation does not constitute a waiver by the Samsung Defendants of

26 any defense, including but not limited to the defenses of lack of personal jurisdiction, subject
27 matter jurisdiction, improper venue, sufficiency of process or service of process; and
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STIPULATED REQUEST FOR AN ORDER GRANTING A STAY AND [PROPOSED] ORDER

CASE NO. 5:11-CV-06202-LHK

Case5:11-cv-06202-LHK Document11 Filed01/06/12 Page4 of 5

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5.

Nothing in this Order shall prohibit any Stipulating Party in the above-

2 captioned action from petitioning the court to lift the stay as events warrant.
3 DATED: January __, 2012
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SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP

By:

/s/ Lance A. Etcheverry
Lance A. Etcheverry

300 South Grand Avenue, Suite 3400
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
SAMSUNG ELECTRONICS AMERICA, INC. and
SAMSUNG TELECOMMUNICATIONS AMERICA,
LLC

I, Lance A. Etcheverry, am the ECF User whose ID and password are being used to file this
13 Stipulated Request For An Order Granting A Stay and [Proposed] Order. In compliance with
General Order 45, X.B., I attest that each of the following signatories has concurred in this filing.
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NEWPORT TRIAL GROUP, A PROFESSIONAL
CORPORATION

By:

/s/ James Byron Hardin
JAMES BYRON HARDIN

895 Dove Street, Suite 425
Newport Beach, CA 92660
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiff
JOSEPHINE GONZALEZ

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STIPULATED REQUEST FOR AN ORDER GRANTING A STAY AND [PROPOSED] ORDER

CASE NO. 5:11-CV-06202-LHK

Case5:11-cv-06202-LHK Document11 Filed01/06/12 Page5 of 5

1 PURSUANT TO STIPULATION, IT IS SO ORDERED.
January 18
2 Dated: _______________, 2012
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By:

Hon. Lucy H. Koh
UNITED STATES DISTRICT JUDGE

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STIPULATED REQUEST FOR AN ORDER GRANTING A STAY AND [PROPOSED] ORDER

CASE NO. 5:11-CV-06202-LHK