Kleer v. Carrier IQ, Inc. et al

Filing 8

STIPULATION AND ORDER re 6 extending deadline for defendant HTC America, Inc.'s response to complaint. Signed by Magistrate Judge Howard R. Lloyd on 1/19/2012. (hrllc2, COURT STAFF) (Filed on 1/20/2012)

H

22
23
24
25
26
27
28
16060535.1
674707_1

Case No. CV11-06630-HRL
STIPULATION

R NIA
FO

LI

RT

21

)
)
)
)
)
)
)
)
)
)
)

A

S

UNIT
ED
NO

15 ROBERT KLEER, Individually and on Behalf
of All Others Similarly Situated,
16
Plaintiff,
17
vs.
18
CARRIER IQ, et al.,
19
Defendants.
20

RT
U
O

1 ROBBINS GELLER RUDMAN
& DOWD LLP
S DISTRICT
2 SHAWN A. WILLIAMS (213113)
TE
C
Post Montgomery Center
TA
3 One Montgomery Street, Suite 1800
San Francisco, CA 94104
D
4 Telephone: [phone]
RDERE
415/288-4534 (fax)
S SO O
IT I
5 [e-mail]
– and –
6 FRANK J. JANECEK, JR. (156306)
R. Lloyd
CHRISTOPHER COLLINS (189093)
Howard
Judge
7 655 West Broadway, Suite 1900
San Diego, CA 92101
ER
8 Telephone: [phone]
C
N
F
619/231-7423 (fax)
D IS T IC T O
9 [e-mail]
R
[e-mail]
10
Attorneys for Plaintiff
11
[Additional counsel appear on signature page.]
12
UNITED STATES DISTRICT COURT
13
NORTHERN DISTRICT OF CALIFORNIA
14

1

In support of this Stipulation, Robert Kleer (“Plaintiff” or “Kleer” ) and HTC America, Inc.

2 (“Defendant” or “HTC America, Inc.”) or (collectively, the “Parties”), state as follows:
3

WHEREAS the above-referenced Plaintiff filed the above-captioned case;

4

WHEREAS the above-referenced Plaintiff alleges violations of the Federal Wiretap Act and

5 other laws by the Defendant in this case;
6

WHEREAS over 50 other complaints have been filed to-date in federal district courts

7 throughout the United States by plaintiffs purporting to bring class actions on behalf of cellular
8 telephone and other device users on whose devices software made by defendant Carrier IQ is or has
9 been embedded (collectively, including the above-captioned matter, the “CIQ cases”);
10

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

11 transfer the CIQ cases to this jurisdiction for coordinated and consolidated pretrial proceedings
12 pursuant to 28 U.S.C. Sec. 1407, and responses to the motion supporting coordination or
13 consolidation have been filed;
14

WHEREAS, in light of the pending MDL Motion and to facilitate an orderly schedule for

15 responding to the pleadings in the CIQ cases, the Parties have agreed that the deadline for HTC
16 America, Inc. to answer, move, or otherwise respond to the Complaint shall be extended until 45
17 days after the Judicial Panel on Multidistrict Litigation issues an order deciding the MDL Motion, or
18 as otherwise ordered by the MDL transferee court if the MDL Motion is granted; provided, however,
19 that in the event that HTC America, Inc. shall respond on an earlier response date in any of the CIQ
20 cases, HTC America, Inc. shall respond to the Kleer Complaint on that earlier date;
21

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

22 defense, including but not limited to the defenses of lack of personal jurisdiction, subject matter
23 jurisdiction, improper venue, sufficiency of process or service of process;
24

WHEREAS, the Parties agree that that preservation of evidence in the CIQ cases is vital, that

25 defendant has received litigation hold letters, that they are complying with and will continue to
26 comply with all of their evidence preservation obligations under governing law, and that the delay
27 brought about by this Stipulation shall not result in the loss of any evidence;
28
674707_1

STIPULATION - CV11-06630-HRL

-1-

1

NOW THEREFORE, Kleer and HTC America, Inc., by and through their respective counsel

2 of record, hereby stipulate as follows:
3

1.

The deadline for HTC America, Inc. to answer, move, or otherwise respond to the

4 Complaint in the above-captioned case shall be extended until 45 days after the Judicial Panel on
5 Multidistrict Litigation issues an order deciding the MDL Motion, or as otherwise ordered by the
6 MDL transferee court if the MDL Motion is granted; provided, that in the event that HTC America,
7 Inc. shall respond on an earlier response date in any of the MDL Cases, HTC America, Inc. shall
8 respond to the Kleer Complaint on that earlier date.
9

2.

In the event that HTC America, Inc. provides documents or information to any

10 plaintiff in any of the MDL cases or any of the various actions filed in the many Districts throughout
11 the United States, HTC America, Inc. will provide those documents or information to Kleer at the
12 same time and in the same format.
13

3.

As a further condition of entry into this Stipulation, Defendant agrees that they are

14 complying with and will continue to comply with all evidentiary preservation obligations under
15 governing law.
16

This Stipulation does not constitute a waiver by HTC America, Inc. or any other named

17 defendant joining the Stipulation of any defense, including but not limited to the defenses of lack of
18 personal jurisdiction, subject matter jurisdiction, improper venue, sufficiency of process, or service
19 of process.
20

IT IS SO STIPULATED.

21 DATED: December 30, 2011
22

ROBBINS GELLER RUDMAN
& DOWD LLP
FRANK J. JANECEK, JR.
CHRISTOPHER COLLINS

23
24

s/ CHRISTOPHER COLLINS
CHRISTOPHER COLLINS

25

655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: [phone]
619/231-7423 (fax)

26
27
28
674707_1

STIPULATION - CV11-06630-HRL

-2-

1
ROBBINS GELLER RUDMAN
& DOWD LLP
SHAWN A. WILLIAMS
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
415/288-4534 (fax)

2
3
4
5
6

10

ROBBINS GELLER RUDMAN
& DOWD LLP
PAUL J. GELLER
STUART A. DAVIDSON
MARK DEARMAN
120 East Palmetto Park Road, Suite 500
Boca Raton, FL 33432
Telephone: [phone]
561/750-3364 (fax)

11

Attorneys for Plaintiff

7
8
9

12
DATED: December 30, 2011

MUNGER, TOLLES & OLSON LLP

13
14
/s/ Rosemarie T. Ring
Rosemarie T. Ring

15
16

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

17
18
19
20

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]

21
22
23
24
25
26
27

Attorneys for Defendant HTC America, Inc.

28
674707_1

STIPULATION - CV11-06630-HRL

-3-

1
2

CERTIFICATE OF SERVICE
I hereby certify that on December 30, 2011, I authorized the electronic filing of the foregoing

3 with the Clerk of the Court using the CM/ECF system which will send notification of such filing to
4 the e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I
5 caused to be mailed the foregoing document or paper via the United States Postal Service to the non6 CM/ECF participants indicated on the attached Manual Notice List.
7

I certify under penalty of perjury under the laws of the United States of America that the

8 foregoing is true and correct. Executed on December 30, 2011.
9
10
11
12
13

s/ CHRISTOPHER COLLINS
CHRISTOPHER COLLINS
ROBBINS GELLER RUDMAN
& DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101-3301
Telephone: [phone]
619/231-7423 (fax)

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
674707_1

E-mail:[e-mail]