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Mollett v. Netflix, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Nov 21, 2011
CASE NO.: 11-cv-01629-EJD (PSG) (N.D. Cal. Nov. 21, 2011)

Opinion

CASE NO.: 11-cv-01629-EJD (PSG)

11-21-2011

MEGHAN MOLLETT AND TRACY HELLWIG, individually, on behalf of themselves and all others similarly situated, Plaintiffs, v. NETFLIX, INC., a Delaware corporation, Defendant

KEITH E. EGGLETON, State Bar No. 159842 RODNEY G. STRICKLAND, State Bar No. 161934 DALEBISH, State Bar No. 235390 JESSICA L. SNORGRASS, State Bar No. 259962 WILSON SONSINI GOODRICH & ROSATI Attorneys for Defendant NETFLIX, INC. [ADDITIONAL COUNSEL ON SIGNATURE PAGE]


KEITH E. EGGLETON, State Bar No. 159842

RODNEY G. STRICKLAND, State Bar No. 161934

DALEBISH, State Bar No. 235390

JESSICA L. SNORGRASS, State Bar No. 259962

WILSON SONSINI GOODRICH & ROSATI

Attorneys for Defendant

NETFLIX, INC.

[ADDITIONAL COUNSEL

ON SIGNATURE PAGE]

STIPULATION AND [PROPOSED] ORDER REQUIRING NOTIFICATION IN THE EVENT OF JUDGMENT OR SETTLEMENT OF IN RE NETFLIX PRIVACY LITIGATION

WHEREAS, plaintiffs believe that certain documents relating to this case and the separate case captioned In re Netflix Privacy Litigation, Case No. 11-cv-00379-EJD (the "In re Netflix Privacy Litigation" action) could be destroyed by defendant Netflix, Inc. ("Netflix") in connection with a settlement or judgment in the In re Netflix Privacy Litigation action;

WHEREAS, during a conference with Magistrate Judge Paul S. Grewal on November 3, 2011, the Court declined to enter at that time the proposed evidence preservation order that plaintiffs had submitted to the Court in connection with the Case Management Conference held on October 28, 2011; and

WHEREAS, Netflix offered during the November 3, 2011, conference to notify plaintiffs in the event that a settlement or judgment in the In re Netflix Privacy Litigation action could result in the destruction of documents relevant or potentially relevant to this case so that, at that time, the parties could discuss ways to ensure that documents relevant or potentially relevant to this case are not destroyed or, alternatively, the plaintiffs could seek judicial intervention regarding document preservation;

NOW THEREFORE, the parties, by and through their undersigned counsel, hereby stipulate and agree that, in the event that a settlement or judgment in the In re Netflix Privacy Litigation action could result in the destruction of documents relevant or potentially relevant to this case, Netflix's counsel will notify plaintiffs' counsel within 48 hours of the filing of a motion for preliminary approval of a settlement or a judgment that includes any document destruction provisions, and at least 60 days before any documents are destroyed pursuant to such a judgment or settlement.

WILSON SONSINI GOODRICH & ROSATI Professional Corporation

Rodney G. Strickland, Jr.

Attorneys for Defendant

NETFLIX, INC.

WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP

Rachele R. Rickert

Attorneys for Plaintiffs

In the event that a settlement or judgment in the In re Netflix Privacy Litigation action could result in the destruction of documents relevant or potentially relevant to this case, Netflix's counsel will notify plaintiffs' counsel within 48 hours of the filing of a motion for preliminary approval of a settlement or a judgment that includes any document destruction provisions, and at least 60 days before any documents are destroyed pursuant to such a judgment or settlement.

IT IS SO ORDERED.

HON. PAUL S. GREWAL

MAGISTRATE JUDGE

ECF CERTIFICATION

I, Rodney G. Strickland, Jr., am the ECF User whose identification and password are being used to file this Stipulation and [Proposed] Order Requiring Notification in the Event of Judgment or Settlement of In Re Netflix Privacy Litigation. I hereby attest that Rachele R. Rickert has concurred in this filing.

WILSON SONSINI GOODRICH & ROSATI

Professional Corporation

Rodney G. Strickland, Jr.

Attorneys for Defendant

NETFLIX, INC.


Summaries of

Mollett v. Netflix, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Nov 21, 2011
CASE NO.: 11-cv-01629-EJD (PSG) (N.D. Cal. Nov. 21, 2011)
Case details for

Mollett v. Netflix, Inc.

Case Details

Full title:MEGHAN MOLLETT AND TRACY HELLWIG, individually, on behalf of themselves…

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

Date published: Nov 21, 2011

Citations

CASE NO.: 11-cv-01629-EJD (PSG) (N.D. Cal. Nov. 21, 2011)