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.