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18CV328915
Santa Clara — Civil
System System
Laura L. Ho (SBN 173179) David H. Krardegtennigaliy
Filed
lho@gbdhlegal.com dkramer@wsgoyd@uperior Court of CA,
James Kan (SBN 240749) WILSON SON MAfy@? BBHtalGiara,
jkan@gbdhlegal.com ROSATI, P.Gn 9/6/2019 3:38 PM
Katharine L. Fisher (SBN 305413) 650 Page Mill ed By: System System
kfisher@gbdhlegal.com Palo Alto, CA a
GOLDSTEIN, BORGEN, DARDARIAN & Tel: (650) 49% gSqyt18CV328915
HO Fax: (650) 49 Byplope: 3360293
300 Lakeside Drive, Suite 1000
Oakland, CA 94612
Tel: (510) 763-9800
Fax: (S10) 835-1417
Julian Hammond (SBN 268489) Shelby Pasarell Tsai (SBN 220408)
jhammond@hammondlawpc.com stsailwsgr.com
Ari Cherniak (SBN 290071) WILSON SONSINI GOODRICH &
acherniak@hammondlawpc.com ROSATI, P.C.
Polina Brandler (SBN 269086) One Market Plaza, Spear Tower, Ste. 3300
10 pbrandler@hammondlawpc.com San Francisco, CA 94105
HAMMONDLAW, PC Tel: (415) 947-2111
11 1829 Reisterstown Road, Suite 410 Fax: (415) 947-2099
Baltimore, MD 21208
12 Tel: (310) 601-6766
Fax: (310) 295-2385
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Attorneys for Plaintiffand Putative Class Attorneys for Defendant Google LLC
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1S SUPERIOR COURT OF THE STATE OF CALIFORNIA
16 FOR THE COUNTY OF SANTA CLARA
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18 ABDULLAH UZAIR, individually and on behalf of Case No. 18CV328915
all others similarly situated,
19 THIRD JOINT CASE
Plaintiff, MANAGEMENT CONFERENCE
20
STATEMENT
21 vs.
Date: September 13, 2019
22 GOOGLE, LLC., a California Limited Liability Time: 10:00 a.m.
Company, Dept: 1
23 Before: Hon. Brian C. Walsh
Defendant.
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Trial Date: None Set
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THIRD JOINT CASE MANAGEMENT CONFERENCE STATEMENT — CASE NO. 18CV328915
764734.2
Plaintiff Abdullah Uzair and Defendant Google, LLC have met and conferred and submit this
Third Joint Case Management Conference Statement in advance of the Case Management Conference
scheduled for September 13, 2019. This statement updates the Parties’ previous Joint Case
Management Conference statements, filed on November 30, 2018 and June 10, 2019.
1 Background and Defendant’s Demurrer
Plaintiff filed his complaint on behalf of himself and a putative class of California consumers
on May 30, 2018. Plaintiff is a California consumer who alleges he has been harmed because
Defendant failed to comply with California’s Automatic Renewal Law (the “ARL”), Business and
Professions Code sections 17600, ef seq. in its offerings through its Google Play Store. Plaintiff
10 alleges that Defendant’s violation of the ARL’s disclosure and consent requirements meant the
1 subscriptions should have been “unconditional gift[s],” yet Google unlawfully charged and continues
2; to charge Plaintiff for his Google Play subscription. Plaintiff challenges Defendant’s violations of the
13 ARL under the ARL itself; the Unfair Competition Law (“UCL”), sections 17200, et seq.; the
14 Consumer Legal Remedies Act (“CLRA”), Civil Code sections 1761, ef seg.; and the common count of
15 money had and received. The Class Period alleged begins May 30, 2014 and continues through trial.
16 Google denies each and every allegation of wrongdoing set forth in Plaintiffs Complaint and,
17 on August 13, 2018, demurred to all causes of action. In its Order After Hearing on February 1, 2019,
18 the Court sustained Defendant’s demurrer as to the First Cause of Action (the ARL) and otherwise
19 overruled Defendant’s demurrer. Defendant filed a petition for writ of mandate in the Court of Appeal
20 for the Sixth Appellate District on March 5, 2019, and Plaintiff filed a preliminary opposition to the
21 petition as Real Party in Interest on March 15. The Court of Appeal has neither granted nor denied the
22 writ petition as of the date of this filing. On March 6, 2019, Google answered Plaintiffs complaint.
23 2 Discovery
24 On May 22, 2019, the Court entered the Parties’ Stipulated Protective Order.
25 Pursuant to the Court’s lifting the stay as to all discovery at the Case Management Conference
26 on February 1, 2019, Plaintiff served his first set of Form Interrogatories, Special Interrogatories, and
27 Requests for Production of Documents on Defendant on February 22, 2019. After an agreed-upon
28 extension, Defendant responded on April 12, 2019, and produced its first set of responsive documents
/
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THIRD JOINT CASE MANAGEMENT CONFERENCE STATEMENT — CASE NO. 18CV328915
764734.2
on April 23, 2019. By written agreement, the Parties agreed to extend the deadline for Plaintiff to
move to compel further responses to September 30, 2019.
In meeting and conferring regarding Defendant’s responses, the Parties agreed to limit
Defendant’s initial document production to exemplar disclosure documents and general policy and
procedure information in order for Plaintiff to understand the contours of the putative class. The
Parties agreed that Defendant would produce these initial documents on a rolling basis to be completed
on August 30, 2019. Plaintiffs counsel has reviewed Defendant’s initial production and found it
incomplete. Defendant contends it has produced all documents responsive to the initial requests that
the Parties agreed-upon. The Parties are attempting to meet and confer to resolve these disputes before
10 seeking the Court’s resolution. If the Parties are not able to reach agreement regarding these disputes,
ll then Plaintiff will request an Informal Discovery Conference. Given these ongoing meet and confer
12 efforts, the Parties have agreed to extend Plaintiffs motion to compel deadline by thirty days to
13 October 30, 2019.
14 Defendant served its first set of Form Interrogatories, Special Interrogatories, Requests for
15 Production of Documents, and Requests for Admission on Plaintiff on June 25, 2019. After agreed-
16 upon extensions, Plaintiff provided his responses and objections to Defendant on August 27, 2019 and
17 is preparing to serve his first document production.
18 3 Class Certification Schedule
19 At the last Case Management Conference, the Court set the schedule for Plaintiff's motion for
20 class certification as follows:
21 . Plaintiff shall file his motion for class certification on January 31, 2020;
22 ° Google shall file any opposition on March 13, 2020;
23 e Plaintiff shall file any reply on April 10, 2020; and,
24 e The Court shall hear the motion on May 1, 2020.
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THIRD JOINT CASE MANAGEMENT CONFERENCE STATEMENT— CASE NO. 18CV328915
764734.2
1 Dated: September 6, 2019 Respectfully submitted,
GOLDSTEIN, BORGEN, DARDARIAN & HO
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a -F
Laura L. Ho
Attorneys for Plaintiff and Putative Class
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Dated: September 6, 2019 W ON, SONSINI. , GOODRICH & RO;
LA Wr $M)
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Shel , Pasatéll
l al
Attorneys for [ D¥fendant Google LLC
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THIRD JOINT CASE MANAGEMENT CONFERENCE STATEMENT — CASE NO, 18CV328915
764734.2
PROOF OF SERVICE
Case: Abdullah Uzair v. Google, LLC
Case No. 18CV328915
STATE OF CALIFORNIA )
) ss
COUNTY OF SANTA CLARA )
Ihave an office in the county aforesaid. I am over the age of eighteen years and not a party to
the within entitled action. My business address is 300 Lakeside Drive, Suite 1000, Oakland, California
94612.
I declare that on the date hereof I served a copy of
THIRD JOINT CASE MANAGEMENT CONFERENCE STATEMENT
10
SEE ATTACHED SERVICE LIST
i
4 By Electronic Service: Based on a court order or an agreement of the parties to accept
12 electronic service, I caused the documents to be sent to the persons at the electronic service
address(es) as set forth below
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(State) 1 declare under penalty of perjury under the laws of the State of California that the
14 foregoing is true and correct.
15 Executed at Oakland, California on September 6, 2019
ae
16
Vrtnon/ Vatpee
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Printed Name
18
SERVICE LIST
19
Shelby Pasarell Tsai David H. Kramer
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stsai@wsgr.com dkramer@wsgr.com
21 Amit Q. Gressel WILSON SONSINI GOODRICH &
agressel@wsgr.com ROSATI, P.C.
22 WILSON SONSINI GOODRICH & 650 Page Mill Road
ROSATI, P.C. Palo Alto, CA 94304-1050
23
One Market Plaza
24 Spear Tower, Suite 3300
San Francisco, CA 94105
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PROOF OF SERVICE - CASE NO.: 17-CV-319862
765023.1
Preview
18CV328915 Santa Clara — Civil System System Laura L. Ho (SBN 173179) David H. Krardegtennigaliy Filed lho@gbdhlegal.com dkramer@wsgoyd@uperior Court of CA, James Kan (SBN 240749) WILSON SON MAfy@? BBHtalGiara, jkan@gbdhlegal.com ROSATI, P.Gn 9/6/2019 3:38 PM Katharine L. Fisher (SBN 305413) 650 Page Mill ed By: System System kfisher@gbdhlegal.com Palo Alto, CA a GOLDSTEIN, BORGEN, DARDARIAN & Tel: (650) 49% gSqyt18CV328915 HO Fax: (650) 49 Byplope: 3360293 300 Lakeside Drive, Suite 1000 Oakland, CA 94612 Tel: (510) 763-9800 Fax: (S10) 835-1417 Julian Hammond (SBN 268489) Shelby Pasarell Tsai (SBN 220408) jhammond@hammondlawpc.com stsailwsgr.com Ari Cherniak (SBN 290071) WILSON SONSINI GOODRICH & acherniak@hammondlawpc.com ROSATI, P.C. Polina Brandler (SBN 269086) One Market Plaza, Spear Tower, Ste. 3300 10 pbrandler@hammondlawpc.com San Francisco, CA 94105 HAMMONDLAW, PC Tel: (415) 947-2111 11 1829 Reisterstown Road, Suite 410 Fax: (415) 947-2099 Baltimore, MD 21208 12 Tel: (310) 601-6766 Fax: (310) 295-2385 13 Attorneys for Plaintiffand Putative Class Attorneys for Defendant Google LLC 14 1S SUPERIOR COURT OF THE STATE OF CALIFORNIA 16 FOR THE COUNTY OF SANTA CLARA 17 18 ABDULLAH UZAIR, individually and on behalf of Case No. 18CV328915 all others similarly situated, 19 THIRD JOINT CASE Plaintiff, MANAGEMENT CONFERENCE 20 STATEMENT 21 vs. Date: September 13, 2019 22 GOOGLE, LLC., a California Limited Liability Time: 10:00 a.m. Company, Dept: 1 23 Before: Hon. Brian C. Walsh Defendant. 24 Trial Date: None Set 25 26 27 28 THIRD JOINT CASE MANAGEMENT CONFERENCE STATEMENT — CASE NO. 18CV328915 764734.2 Plaintiff Abdullah Uzair and Defendant Google, LLC have met and conferred and submit this Third Joint Case Management Conference Statement in advance of the Case Management Conference scheduled for September 13, 2019. This statement updates the Parties’ previous Joint Case Management Conference statements, filed on November 30, 2018 and June 10, 2019. 1 Background and Defendant’s Demurrer Plaintiff filed his complaint on behalf of himself and a putative class of California consumers on May 30, 2018. Plaintiff is a California consumer who alleges he has been harmed because Defendant failed to comply with California’s Automatic Renewal Law (the “ARL”), Business and Professions Code sections 17600, ef seq. in its offerings through its Google Play Store. Plaintiff 10 alleges that Defendant’s violation of the ARL’s disclosure and consent requirements meant the 1 subscriptions should have been “unconditional gift[s],” yet Google unlawfully charged and continues 2; to charge Plaintiff for his Google Play subscription. Plaintiff challenges Defendant’s violations of the 13 ARL under the ARL itself; the Unfair Competition Law (“UCL”), sections 17200, et seq.; the 14 Consumer Legal Remedies Act (“CLRA”), Civil Code sections 1761, ef seg.; and the common count of 15 money had and received. The Class Period alleged begins May 30, 2014 and continues through trial. 16 Google denies each and every allegation of wrongdoing set forth in Plaintiffs Complaint and, 17 on August 13, 2018, demurred to all causes of action. In its Order After Hearing on February 1, 2019, 18 the Court sustained Defendant’s demurrer as to the First Cause of Action (the ARL) and otherwise 19 overruled Defendant’s demurrer. Defendant filed a petition for writ of mandate in the Court of Appeal 20 for the Sixth Appellate District on March 5, 2019, and Plaintiff filed a preliminary opposition to the 21 petition as Real Party in Interest on March 15. The Court of Appeal has neither granted nor denied the 22 writ petition as of the date of this filing. On March 6, 2019, Google answered Plaintiffs complaint. 23 2 Discovery 24 On May 22, 2019, the Court entered the Parties’ Stipulated Protective Order. 25 Pursuant to the Court’s lifting the stay as to all discovery at the Case Management Conference 26 on February 1, 2019, Plaintiff served his first set of Form Interrogatories, Special Interrogatories, and 27 Requests for Production of Documents on Defendant on February 22, 2019. After an agreed-upon 28 extension, Defendant responded on April 12, 2019, and produced its first set of responsive documents / 1 THIRD JOINT CASE MANAGEMENT CONFERENCE STATEMENT — CASE NO. 18CV328915 764734.2 on April 23, 2019. By written agreement, the Parties agreed to extend the deadline for Plaintiff to move to compel further responses to September 30, 2019. In meeting and conferring regarding Defendant’s responses, the Parties agreed to limit Defendant’s initial document production to exemplar disclosure documents and general policy and procedure information in order for Plaintiff to understand the contours of the putative class. The Parties agreed that Defendant would produce these initial documents on a rolling basis to be completed on August 30, 2019. Plaintiffs counsel has reviewed Defendant’s initial production and found it incomplete. Defendant contends it has produced all documents responsive to the initial requests that the Parties agreed-upon. The Parties are attempting to meet and confer to resolve these disputes before 10 seeking the Court’s resolution. If the Parties are not able to reach agreement regarding these disputes, ll then Plaintiff will request an Informal Discovery Conference. Given these ongoing meet and confer 12 efforts, the Parties have agreed to extend Plaintiffs motion to compel deadline by thirty days to 13 October 30, 2019. 14 Defendant served its first set of Form Interrogatories, Special Interrogatories, Requests for 15 Production of Documents, and Requests for Admission on Plaintiff on June 25, 2019. After agreed- 16 upon extensions, Plaintiff provided his responses and objections to Defendant on August 27, 2019 and 17 is preparing to serve his first document production. 18 3 Class Certification Schedule 19 At the last Case Management Conference, the Court set the schedule for Plaintiff's motion for 20 class certification as follows: 21 . Plaintiff shall file his motion for class certification on January 31, 2020; 22 ° Google shall file any opposition on March 13, 2020; 23 e Plaintiff shall file any reply on April 10, 2020; and, 24 e The Court shall hear the motion on May 1, 2020. 25 26 27 28 2 THIRD JOINT CASE MANAGEMENT CONFERENCE STATEMENT— CASE NO. 18CV328915 764734.2 1 Dated: September 6, 2019 Respectfully submitted, GOLDSTEIN, BORGEN, DARDARIAN & HO 2 a -F Laura L. Ho Attorneys for Plaintiff and Putative Class f Dated: September 6, 2019 W ON, SONSINI. , GOODRICH & RO; LA Wr $M) 10 Shel , Pasatéll l al Attorneys for [ D¥fendant Google LLC 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 THIRD JOINT CASE MANAGEMENT CONFERENCE STATEMENT — CASE NO, 18CV328915 764734.2 PROOF OF SERVICE Case: Abdullah Uzair v. Google, LLC Case No. 18CV328915 STATE OF CALIFORNIA ) ) ss COUNTY OF SANTA CLARA ) Ihave an office in the county aforesaid. I am over the age of eighteen years and not a party to the within entitled action. My business address is 300 Lakeside Drive, Suite 1000, Oakland, California 94612. I declare that on the date hereof I served a copy of THIRD JOINT CASE MANAGEMENT CONFERENCE STATEMENT 10 SEE ATTACHED SERVICE LIST i 4 By Electronic Service: Based on a court order or an agreement of the parties to accept 12 electronic service, I caused the documents to be sent to the persons at the electronic service address(es) as set forth below 13 (State) 1 declare under penalty of perjury under the laws of the State of California that the 14 foregoing is true and correct. 15 Executed at Oakland, California on September 6, 2019 ae 16 Vrtnon/ Vatpee 17 Printed Name 18 SERVICE LIST 19 Shelby Pasarell Tsai David H. Kramer 20 stsai@wsgr.com dkramer@wsgr.com 21 Amit Q. Gressel WILSON SONSINI GOODRICH & agressel@wsgr.com ROSATI, P.C. 22 WILSON SONSINI GOODRICH & 650 Page Mill Road ROSATI, P.C. Palo Alto, CA 94304-1050 23 One Market Plaza 24 Spear Tower, Suite 3300 San Francisco, CA 94105 25 26 27 28 1 PROOF OF SERVICE - CASE NO.: 17-CV-319862 765023.1