govinfo:USCOURTS-cand-5_11-cv-01263-1

1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 
SAN JOSE DIVISION 
 
 
RICK WOODS, Individually and On Behalf of 
All Others Similarly Situated, 
 
    P l a i n t i f f ,  
 
 v. 
 
GOOGLE INC., 
 
    Defendant. 
 
Case No. 11-cv-01263-HRL 
 
[PROPOSED] PRETRIAL ORDER NO. 1 
APPOINTING INTERIM CLASS COUNSEL 
AND CONSOLIDATING ACTIONS 
 
 
**E-Filed 5/3/2011**
------------------
(AS MODIFIED BY THE COURT)
The Court concludes that the motion for order appointing interim class counsel and  
consolidating actions is appropriate for disposition without oral argument pursuant to  
Civil Local Rule 7-1(b).  The hearing set for May 13, 2011 is VACATED.
----- JF
Case 5:11-cv-01263-EJD     Document 39     Filed 05/03/11     Page 1 of 3
 
 
[PROPOSED] PRETRIAL ORDER NO. 1 APPOINTING 
INTERIM CLASS COUNSEL AND CONSOLIDATING 
ACTIONS - 1 - 
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
WHEREAS, the above-captioned action asserts claims  on behalf of a putative class of 
persons who advertised through Google Inc.’s (“Google”) AdWords program;  
WHEREAS, consolidation of actions that arises out of the same operative facts as the above 
captioned action would avoid duplication and waste; and 
WHEREAS, appointment of Interim Class Counsel is  appropriate and consistent with the 
Federal Rules of Civil Procedur e, the recommendations of the Manual for Complex Litigation , 
Fourth (2004) and Fed. R. Civ. P. 23(g); 
NOW, THEREFORE, THE COURT ORDERS as follows: 
I. CONSOLIDATION OF SUBSEQUENTLY FILED OR TRANSFERRED ACTIONS 
When a case that arises out of the same opera tive facts as the above captioned action is 
hereinafter filed or transferred to this Court, it is hereby consolidated pursuant to Fed. R. Civ. P. 
42(a) with the above captioned matter (the “Consolidated Action”). 
The Court requests the assistance of counsel in calling to the attention of the Clerk of this 
Court the filing or transfer of any case that might properly be consolidated as part of the 
Consolidated Action. 
When a case that arises out of the same ope rative facts as the C onsolidated Action is 
hereinafter filed in this Court or transferred from another Court, the Clerk of this Court shall: 
(a) File a copy of this Order in the separate file for such action; 
(b) Mail a copy of this Order to the attorneys for the plaintiff(s) in the newly-filed or 
transferred case and to any new defendant(s) in the newly-filed case; and 
(c) Make the appropriate entry in the master docket for the Consolidated Action (No. 
11-cv-01263-HRL). 
Each new case that arises out of the subject matter of the Consolidated Action which is filed 
in this Court or transferred to this Court, sha ll be consolidated with th e Consolidated Action and 
this Order shall apply thereto, unless a party objects to consolidation within ten (10) days after the 
date upon which a copy of this Order is served on counsel for such party by filing an application for 
relief and this Court deems it appropriate to grant such application.   
Case 5:11-cv-01263-EJD     Document 39     Filed 05/03/11     Page 2 of 3
 
 
[PROPOSED] PRETRIAL ORDER NO. 1 APPOINTING 
INTERIM CLASS COUNSEL AND CONSOLIDATING 
ACTIONS - 2 - 
 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
II. APPOINTMENT OF INTERIM CO-CLASS COUNSEL 
Pursuant to Fed. R. Civ. P. 23(g)(3), the C ourt designates Barroway Topaz Kessler Meltzer 
& Check, LLP and Nix Patterson & Roach, LLP to act as Interim Co-Class Counsel for plaintiffs in 
this action and all subsequently filed, related actions consolidated herewith, with the responsibilities 
hereafter described. 
Interim Co-Class Counsel shall have the aut hority over the following matters on behalf of 
plaintiff and the putative class in this action: 
(a) directing, coordinating, and supervising the prosecution of  plaintiffs’ claims in 
the action, including the drafting and filing of any amended complaints, opposing 
motion(s) to dismiss by any defendant(s), as well as drafting and filing any class 
certification motion and any matters pertaining thereto; 
(b) initiating and conducting discovery, includ ing, without limita tion, coordinating 
discovery with defense counsel, prepari ng written interrogatories, requests for 
admissions, and requests for production of documents; 
(c) directing and coordinating the examination of witnesses in depositions; 
(d) retaining experts; 
(e) communicating with the Court; 
(f) communicating with defense counsel; and 
(g) conducting settlement negotiations. 
No motion shall be initiated or filed on behalf of any plainti ff in this acti on except through 
Interim Co-Class Counsel. 
Service of pleadings and other papers by defendant(s) shall be made only upon Barroway 
Topaz Kessler Meltzer & Check, LLP or Nix Pa tterson & Roach, LLP, who are authorized and 
directed to accept service on behalf of plaintiff(s) in this  action and any later actions that may be 
consolidated herewith. 
Dated:     
                                                               
HONORABLE HOWARD R. LLOYD 
UNITED STATES MAGISTRATE JUDGE 
5/3/2011
----------------------------JEREMY FOGEL
--------------------
District
Case 5:11-cv-01263-EJD     Document 39     Filed 05/03/11     Page 3 of 3

Passage view · GavelSight