Cullifer et al v. Lenovo (United States), Inc. et al

Filing 15

STIPULATION AND ORDER 14 for Continuance of Time for Defendants to Respond to Complaint. Signed by Judge Ronald M. Whyte on 5/6/15. (jgS, COURT STAFF) (Filed on 5/7/2015)

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RODGER R. COLE (CSB No. 178865)
[e-mail]
FENWICK & WEST LLP
Silicon Valley Center
801 California Street
Mountain View, CA 94041
Telephone: [phone]
Facsimile: 650.938.5200
Attorneys for Defendant Superfish, Inc.
Additional counsel listed on the signature page
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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LAW
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MOUNTAI N VI EW

ATTO RNEY S

F ENWICK & W ES T LLP

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BILL CULLIFER, LIZ EDWARDS, DOUGLAS
IRWIN, JOSEPH GUERRA, AUSTIN ARDMAN,
HANK BAUMER, THOMAS BEHRENDT,
ALLAN BOGH, RICHARD BROOKS, JILL
CAZAUBON, JENNIFER COLE, LAUREN
DANNHEIM, JENNIFER DAVIS, EDWARD
DRESSEL, CHRISTOPHER DUNN, DONALD
GEARHART, KENG GEE, BRIAN UTTERMAN,
HEATHER HARE, JOSE HIDALGO, NEERAJ
KALRA, RYAN KEMPER, JIM KOPPS,
RAJKUMAR KOTHAPA, MICHELE LARGÉ ,
ARUL LOUIS, THOMAS LUCAS, TOM MILLER,
ERIC MORETTI, TREVOR MURDOCK, TRAVIS
PALMER, ELIZABETH PRATT, ROBERT
QAKISH, TINA RICHMAN, CANDACE ROSE,
DANIELLE ROUGIER, RAY SCHMALZER,
ZESHAN SHEIKH, CHRIS SHOUTS, ALICE
SPALITTA, ZACHARY STEIN, CONNIE
SUPERNAULT, RUSS TAKLE, NATE TALLEY,
NIKOLAS THERIOT, ARIELLA VASQUEZ,
KATE WOODS, KYLE YOUNGS, AND
LIANGFANG ZHAO, INDIVIDUALLY AND ON
BEHALF OF ALL OTHERS SIMILARLY
SITUATED,
Plaintiffs,
vs.

CASE NO. 5:15-CV-01496-RMW

STIPULATION FOR CONTINUANCE
OF TIME FOR DEFENDANTS TO
RESPOND TO COMPLAINT AND
[] ORDER

SUPERFISH, INC., and LENOVO (UNITED
STATES), INC.
Defendants.

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STIPULATION FOR CONTINUANCE

Case No. 5:15-cv-01496-RMW
32152/00401/SF/5514941.1

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

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WHEREAS 26 other complaints have been filed to-date in federal district courts

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throughout the United States by Plaintiffs purporting to bring consumer class actions on behalf of

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purchasers of computers manufactured by Defendant Lenovo (United States), Inc. (“Lenovo”)

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containing software manufactured by Defendant Superfish, Inc. (“Superfish”) (collectively,

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including the above-captioned matter, the “In re Lenovo Adware Litig. cases”);

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

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(“JPML”) to transfer the In re Lenovo Adware Litig. cases for coordinated and consolidated

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pretrial proceedings pursuant to 28 U.S.C. Sec. 1407 (“MDL Motion”), and has not yet been set

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for hearing before the JPML;

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WHEREAS the next JPML hearing session is scheduled for May 28, 2015;

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F ENWICK & W ES T LLP

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WHEREAS the parties anticipate that one or more consolidated complaints will be filed

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following transfer and consolidation of the In re Lenovo Adware Litig. cases;
WHEREAS Plaintiffs and Defendants Superfish and Lenovo have agreed that an orderly

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schedule for any response to the pleadings in the In re Lenovo Adware Litig. cases would be more

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efficient for the parties and for the Court;

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WHEREAS Plaintiffs agree that the deadline for Defendants Superfish and Lenovo to

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answer, move, or otherwise respond to their complaint shall be extended until forty-five days

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after the JPML issues an order deciding the MDL Motion, or as otherwise ordered by the MDL

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transferee Court if the MDL Motion is granted;

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WHEREAS Plaintiffs and Defendants agree that preservation of evidence in the case is

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vital, that Defendants have received litigation hold letters, that they are complying with and will

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continue to comply with all of their evidence preservation obligations under governing law;

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WHEREAS this Stipulation does not constitute a waiver by the parties of any of their

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respective claims, defenses or any other rights or positions they may have with respect to the

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same, including, with respect to Defendants, the defenses of lack of personal jurisdiction, lack of

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subject matter jurisdiction, improper venue, sufficiency of process or service of process;

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Now, therefore, pursuant to Local Rule 7-12, Plaintiffs and Defendants, by and through
STIPULATION FOR CONTINUANCE

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Case No. 5:15-cv-01496-RMW

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their respective counsel of record, hereby stipulate as follows:
1. The deadline for Defendants Superfish and Lenovo to answer, move, or otherwise

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respond to the complaint shall be extended until forty-five days after the JPML issues an order

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deciding the MDL Motion, or as otherwise ordered by the MDL transferee Court if the MDL

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Motion is granted;

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2. This Stipulation does not constitute a waiver by the parties of any of their

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respective claims, defenses or any other rights or positions they may have with respect to the

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same, including, with respect to Defendants, the defenses of lack of personal jurisdiction, lack of

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subject matter jurisdiction, improper venue, sufficiency of process, or service of process.

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3. The parties agree that they are complying with and will continue to comply with
all evidentiary preservation obligations under governing law.
4. Nothing herein precludes any of the parties from moving to lift the stay prior to the
extended deadlines requested herein.

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Dated: April 28, 2015

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By: /s/ Rodger R. Cole
Rodger R. Cole (CSB No. 178865)
[e-mail]
FENWICK & WEST LLP
801 California Street
Mountain View, CA 94041
Ph: [phone]
Fax: [phone]
Attorneys for Defendant Superfish, Inc.

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STIPULATION FOR CONTINUANCE

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Case No. 5:15-cv-01496-RMW

By: /s/ Laurence M. Rosen
Laurence M. Rosen
[e-mail]
THE ROSEN LAW FIRM, P.A.
Los Angeles, CA 90071
Tel: [phone]
Fax: [phone]

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Phillip Kim
[e-mail]
THE ROSEN LAW FIRM, P.A.
275 Madison Avenue, 34th Floor
New York, NY 10016
Tel: [phone]

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Christopher S. Hinton
[e-mail]
THE HINTON LAW FIRM
275 Madison Ave., 34th Floor
New York, NY 10016
Tel: [phone]
Fax: [phone]

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F ENWICK & W ES T LLP

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Attorneys for Plaintiffs

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By: /s/ Daniel J. Stephenson
Daniel J. Stephenson
DYKEMA GOSSETT LLP
333 South Grand Avenue, Suite 2100
Los Angeles, CA 90071
Phone: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Defendant Lenovo (United States), Inc.

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STIPULATION FOR CONTINUANCE

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Case No. 5:15-cv-01496-RMW

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:

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Honorable Ronald M. Whyte
United States District Judge

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F ENWICK & W ES T LLP

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STIPULATION FOR CONTINUANCE

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Case No. 5:15-cv-01496-RMW

ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3)

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I, Rodger R. Cole, am the ECF User whose identification and password are being used to

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file this STIPULATION FOR CONTINUANCE OF TIME FOR DEFENDANTS TO

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RESPOND TO COMPLAINT AND [PROPOSED] ORDER. In compliance with Civil Local

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Rule 5-1(i)(3), I hereby attest that all signatories have concurred in this filing.

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Dated:

April 28, 2015

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/s/ Rodger R. Cole
Rodger R. Cole

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STIPULATION FOR CONTINUANCE

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Case No. 5:15-cv-01496-RMW

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CERTIFICATE OF SERVICE

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I HEREBY CERTIFY THAT on the 28th day of April, 2015, I caused the foregoing

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document to be filed with the Court, and have caused a copy to be served on:
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By CM/ECF
United States Mail, First Class
By Messenger
By Facsimile
By Overnight Courier
By Email

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Laurence M. Rosen
[e-mail]
THE ROSEN LAW FIRM, P.A.
Los Angeles, CA 90071
Tel: [phone]
Fax: [phone]

By CM/ECF
United States Mail, First Class
By Messenger
By Facsimile
By Overnight Courier
By Email

Phillip Kim
[e-mail]
THE ROSEN LAW FIRM, P.A.
275 Madison Avenue, 34th Floor
New York, NY 10016
Tel: [phone]
Christopher S. Hinton
[e-mail]
THE HINTON LAW FIRM
275 Madison Ave., 34th Floor
New York, NY 10016
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs
Daniel J. Stephenson
DYKEMA GOSSETT LLP
333 South Grand Avenue, Suite 2100
Los Angeles, CA 90071
Phone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendant Lenovo (United
States), Inc.

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STIPULATION FOR CONTINUANCE

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Case No. 5:15-cv-01496-RMW