Doe I v. Cisco Sys. Inc.

Full title: DOE I, DOE II, Ivy HE, DOE III, DOE IV, DOE V, DOE VI, ROE VII, Charles…

Court: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

Date published: Oct 10, 2011

Case No. 5:11-cv-02449-EJD-PSG (N.D. Cal. Oct. 10, 2011)

Opinion

Case No. 5:11-cv-02449-EJD-PSG

10-10-2011

DOE I, DOE II, Ivy HE, DOE III, DOE IV, DOE V, DOE VI, ROE VII, Charles LEE, ROE VIII, and LIU Guifu, Plaintiffs, v. CISCO SYSTEMS, INC., John CHAMBERS, Thomas LAM, Owen CHAN, Fredy CHEUNG, and DOES 1-100, Defendants.

KATHRYN LEE CRAWFORD-BOYD, ESQ. (SBN 189496) RAJIKA L. SHAH, ESQ. (SBN 232994) schwarcz, rimberg, boyd & rader, llp TERRI MARSH, ESQ. ( pro hac vice ) BRIAN PIERCE, ESQ. ( pro hac vice ) human Rights law foundation JUDITH BROWN CHOMSKY ( pro hac vice ) law offices of judith brown chomsky Attorneys for PLAINTIFFS

Edward J. Davila

KATHRYN LEE CRAWFORD-BOYD, ESQ. (SBN 189496)

RAJIKA L. SHAH, ESQ. (SBN 232994)

schwarcz, rimberg, boyd & rader, llp

TERRI MARSH, ESQ. (pro hac vice)

BRIAN PIERCE, ESQ. (pro hac vice)

human Rights law foundation

JUDITH BROWN CHOMSKY (pro hac vice)

law offices of judith brown chomsky

Attorneys for PLAINTIFFS

Judge Edward J. Davila

Assigned to the Honorable Edward J. Davila

STIPULATION RE: SERVICE OF SUMMONS AND COMPLAINT ON NEWLY ADDED DEFENDANT FREDY CHEUNG

Complaint Filed: May 19, 2011

FAC Filed: September 2, 2011

STIPULATION

IT IS HEREBY STIPULATED AND AGREED between DOE I, DOE II, Ivy HE, DOE III, DOE IV, DOE V, DOE VI, ROE VII, Charles LEE, ROE VIII, and LIU Guifu ("Plaintiffs") and Defendants CISCO SYSTEMS, INC. ("Cisco"), John CHAMBERS ("Chambers"), Thomas LAM ("Lam"), Owen CHAN ("Chan"), and Fredy CHEUNG ("Cheung") ("Defendants") (collectively, the "Parties"), as follows:

WHEREAS, pursuant to Fed. R. Civ. P. 15(a)(1)(B) and by stipulation, Plaintiffs filed a Corrected First Amended Complaint ("FAC") on September 2, 2011, in which Plaintiffs named Cheung as a new defendant, and notice was electronically delivered to counsel, via Electronic Case Filing ("ECF") (Docket Entry ("DE") 62-1);

WHEREAS, by email dated September 9, 2011, Quinn Emanuel Urquhart & Sullivan, LLP indicated that it was authorized to accept service of the Summons ("Summons") and FAC on Cheung;

WHEREAS, on September 23, 2011, the Summons was entered in the docket and notice was electronically delivered to counsel via ECF (DE 66);

WHEREAS, Defendants, including Cheung, filed a Motion to Dismiss the FAC on September 23, 2011;

NOW THEREFOR IT IS HEREBY STIPULATED, by and between the Parties, through their respective counsel, subject to and in accordance with the recitations set forth above, that:

1. Service of the Summons and FAC on Cheung is valid and effective as to Cheung as of September 23, 2011.

2. Defendants, including Cheung, do each hereby waive any and all defense(s) and objection(s) to service of process on Cheung.

3. Plaintiffs do each hereby acknowledge that the Motion to Dismiss filed by Defendants on September 23, 2011, constitutes Cheung's responsive pleading to the FAC.

4. This Stipulation will constitute a valid Proof of Service on Cheung upon filing with the Court.

SCHWARCZ, RIMBERG, BOYD & RADER, LLP

K. Lee Boyd, Esq.

HUMAN RIGHTS LAW FOUNDATION

Terri E. Marsh, Esq. (pro hac vice)

LAW OFFICES OF JUDITH BROWN CHOMSKY

Judith B. Chomsky, Esq. (pro hac vice)

Attorneys for Plaintiffs

QUINN EMANUEL URQUHART & SULLIVAN, LLP

Kathleen Sullivan, Esq.¹

1 I have given my consent for Plaintiffs to electronically sign this Stipulation on my behalf.

Isaac Nesser, Esq.

Attorneys for Defendants