Dunstan et al v. comScore, Inc.

Filing 252

MOTION by Plaintiffs Jeff Dunstan, Mike Harris to amend/correct order on motion to certify class, memorandum opinion and order,,,,,, 186 Stipulated Motion to Amend Class Definition (Thomassen, Benjamin)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION
MIKE HARRIS and JEFF DUNSTAN,
individually and on behalf of a class of similarly
situated individuals,
Plaintiffs,
v.

Case No. 1:11-cv-05807
Hon. James F. Holderman
Magistrate Judge Young B. Kim

COMSCORE, INC., a Delaware corporation,
Defendant.
STIPULATED MOTION TO AMEND CLASS DEFINITION
Plaintiff Mike Harris and Jeff Dunstan (“Plaintiffs”) and Defendant comScore, Inc.
(“comScore”) (collectively, the “Parties”), by and through their undersigned counsel, hereby
stipulate and, by agreement, respectfully move the Court to amend its Memorandum, Opinion,
and Order dated April 2, 2013, which granted Plaintiffs’ motion for class certification (the
“Certification Order”) (Dkt. 186), so as to limit the definition of the Class to include only United
States residents who since 2005 downloaded and installed comScore’s software. In support of
their stipulation, the Parties state as follows:
WHEREAS, on April 2, 2013, this Court granted the Plaintiffs’ motion for class
certification, certifying a Class defined as:
All individuals who have had, at any time since 2005, downloaded and installed
comScore’s tracking software onto their computers via one of comScore’s third
party bundling partners;
WHEREAS, comScore does not contest that a certified Class containing only individuals
in the United States fulfills the numerosity requirement of Rule 23(a);
WHEREAS, the Parties agree that limiting the certified Class to include only individuals
in the United States is appropriate in that it will aid in the effective and efficient administration

of this litigation, including issues relating to providing the best possible notice to the certified
Class for the purposes of due process and issues relating to res judicata;
WHEREAS, the Parties agree that the proposed limitation to the Class definition would
not question or otherwise affect this Court’s analysis regarding the requirements of Rule 23(a)
and Rule 23(b)(3) in its certification Order, including as applied to the proposed amended class
definition;
WHEREAS, the Parties further agree that nothing in this stipulation will have a preclusive
effect on comScore’s ability to later challenge this Court’s certification Order or otherwise raise
any defense to Plaintiffs’ claims as it deems appropriate;
WHEREAS, Federal Rule of Civil Procedure 23 specifically contemplates that any “order
that grants or denies class certification may be altered or amended before final judgment.” Fed.
R. Civ. P. 23(c)(1)(C).
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the
Parties, and subject to the approval of the Court, as follows:
1.

The definition of the Class in the Court’s Certification Order shall be amended as

follows:
All United States residents who have had, at any time since 2005, comScore’s
tracking software downloaded and installed onto their computers via one of
comScore’s third party bundling partners.

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Respectfully submitted,
1.

Dated: November 6, 2013

Mike Harris and Jeff Dunstan, individually
and on behalf of a class of similarly situated
individuals,
By: s/ Rafey S. Balabanian
One of Plaintiffs’ Attorneys
Jay Edelson
Rafey S. Balabanian
Benjamin S. Thomassen
Chandler R. Givens
EDELSON LLC
350 North LaSalle, Suite 1300
Chicago, Illinois 60654
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Counsel for Plaintiffs and the Class and Subclass

Dated: November 6, 2013

comScore, Inc.,
By: s/ Andrew H. Schapiro
One of Defendant’s Attorneys
Andrew H. Schapiro
Stephen Swedlow
Amanda Williamson
Robyn Bowland
Quinn Emanuel Urquhart & Sullivan, LLP
500 West Madison St., Suite 2450
Chicago, Illinois 60661
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Counsel for Defendant comScore, Inc.

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SIGNATURE ATTESTATION
Pursuant to Section IX(C)(2) of the General Order on Electronic Case Filing, I hereby
attest that the content of this document is acceptable to all persons whose signatures are indicated
by a conformed signature (s/) within this e-filed document.
s/ Benjamin S. Thomassen

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CERTIFICATE OF SERVICE
I, Benjamin S. Thomassen, an attorney, certify that on November 6, 2013, I served the
above and foregoing Stipulated Motion to Amend Class Definition, by causing true and accurate
copies of such paper to be filed and transmitted to all counsel of record via the Court’s CM/ECF
electronic filing system, on this 6th day of November 2013.
s/ Benjamin S. Thomassen

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