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COOLEY LLP MICHAEL G. RHODES (116127) (rhodesmg@cooley.com) WHITTY SOMVICHIAN (194463) (wsomvichian@cooley.com) KYLE WONG (224021) (kwong@cooley.com) 101 California Street, 5th Floor San Francisco, CA 94111-5800 Telephone: (415) 693-2000 Facsimile: (415) 693-2222 Attorneys for Defendant Google Inc. WYLY~ROMMEL, PLLC Sean F. Rommel (Pro Hac Vice) Email: srommel@wylyrommel.com 4004 Texas Boulevard Texarkana, Texas 75503 Telephone: (903) 334-8646 Facsimile: (903) 334-8645 CORY WATSON CROWDER & DEGARIS, P.C. F. Jerome Tapley (Pro Hac Vice) Email: jtapley@cwcd.com 2131 Magnolia Avenue Birmingham, Alabama 35205 Telephone: (205) 328-2200 Facsimile: (205) 324-7896 Plaintiffs Co-Lead Counsel UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

IN RE GOOGLE INC. GMAIL LITIGATION

Case No. 5:13-md-002430 LHK (PSG) STIPULATION AND [PROPOSED] ORDER TO DEFER CASE SCHEDULING DEADLINES PENDING THE PARTIES SCHEDULED MEDIATION Courtroom: 8 4th Floor Judge: Hon. Lucy H. Koh

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STIPULATION TO STAY DISCOVERY 5:13-MD-002430-LHK (PSG)

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Pursuant to Local Rules 6-1(b), 6-2, and 7-12, Plaintiffs and Defendant Google Inc. (collectively, the Parties) hereby stipulate as follows: WHEREAS, on March 4, 2014, the Court in a Case Management Order (Dkt. No. 147) continued the mediation deadline from March 15, 2014 to April 24, 2014 and set a further Case Management Conference for April 24, 2014; WHEREAS, the Parties are scheduled to conduct a full-day mediation on April 23, 2014 (the Mediation); in connection with the mediation, the mediator has requested that the Parties submit mediation briefs by April 16, 2014; WHEREAS, the October 2, 2013 Minute Order and Case Management Order (Dkt. No. 76) sets the following case scheduling deadlines, which now fall immediately before and after the Mediation: Fact Discovery CutoffApril 3, 2014; Opening Expert ReportsApril 17, 2014; Rebuttal Expert ReportsMay 1, 2014; and Close of Expert DiscoveryMay 15, 2014; WHEREAS, the Parties are currently working to comply with the various deadlines set forth above, including the completion of remaining written discovery and depositions per the Courts existing fact discovery deadline of April 3, 2014; WHEREAS, Plaintiffs have issued subpoenas to several third partiesCable One, Inc., the University of Hawaii, and the University of the Pacificseeking production of documents and 30(b)(6) deposition testimony to be completed before the current discovery deadline of April 3, 2014; WHEREAS, on March 18, 2014, this Court denied Plaintiffs Motion for Class Certification with prejudice (Dkt. No. 158, the Class Certification Order); WHEREAS, in order to allow the Parties to fully consider the impact of the Class Certification Order on the remaining issues in the case and to facilitate a productive Mediation on April 23, the Parties have conferred and agreed to seek a short extension of intervening case scheduling deadlines and a brief stay of pending discovery requests until after the Mediation so that they can focus their efforts on preparing for the Mediation and a potential resolution of Plaintiffs claims; WHEREAS, this short stay of discovery will potentially relieve third parties from 2.
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substantial discovery costs and burdens, including the collection, review and production of thousands of documents and the preparation and deposition of 30(b)(6) witnesses; IT IS HEREBY STIPULATED that: 1. The Parties mutually request that the Court extend the pending fact discovery and

expert-related deadlines and defer pending discovery matters (including written discovery responses and requested depositions) until after the Parties April 23, 2014 Mediation; 2. In the event the Parties are unable to resolve this case at the Mediation, they will

meet and confer on a revised schedule to present to the Court at the currently scheduled April 24, 2014 Case Management Conference; 3. The Parties agree that the revised schedule will include a proposed revised

deadline to resolve the currently pending discovery matters that were timely served under the existing March 4, 2014 Case Management Order (Dkt. No. 147); 4. Under the revised schedule, unless good cause is shown, new discovery requests

will not be permitted and discovery will be limited to the completion of discovery requests that are currently pending as of the date of the stipulation; and 5. The Parties reserve all objections to all pending discovery requests.

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STIPULATION TO STAY DISCOVERY 5:13-MD-002430-LHK (PSG)

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IT IS SO STIPULATED, THROUGH COUNSEL. DATED: March 20, 2014 /s/ Whitty Somvichian Whitty Somvichian Attorney for Defendant Google Inc.

DATED: March 20, 2014

/s/ F. Jerome Tapley F. Jerome Tapley Plaintiffs Co-Lead Counsel

PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED: ________________________

____________________________________ Honorable Lucy H. Koh United States District Judge

Filers Attestation: Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures, Whitty Somvichian hereby attests that concurrence in the filing of this document has been obtained.

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COOLEY LLP MICHAEL G. RHODES (116127) (rhodesmg@cooley.com) WHITTY SOMVICHIAN (194463) (wsomvichian@cooley.com) KYLE C. WONG (224021) (kwong@cooley.com) 101 California Street, 5th Floor San Francisco, CA 94111-5800 Telephone: (415) 693-2000 Facsimile: (415) 693-2222 Attorneys for Defendant GOOGLE INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

IN RE GOOGLE INC. GMAIL LITIGATION

Case No. 5:13-md-02430 LHK (PSG) DECLARATION OF WHITTY SOMVICHIAN IN SUPPORT OF THE PARTIES STIPULATION TO STAY DISCOVERY Judge: Location: Hon. Lucy H. Koh Courtroom 8 4th Floor

Trial Date: October 20, 2014 17 18 19 20 21 22 23 24 25 26 27 28

COOLEY LLP
ATTORNEYS AT LAW SAN FRANCISCO

I, Whitty Somvichian, declare as follows: 1. I am an attorney licensed to practice law in the state of California, and am a

partner at Cooley LLP. I am counsel of record for Defendant Google Inc. (Google) in this matter. I make this declaration based on my personal knowledge, and if called as a witness I could and would testify to the matters herein. 2. Plaintiffs and Google (collectively the Parties) are scheduled to conduct a full-

day private mediation on April 23, 2014 (the Mediation). In connection with the Mediation, the mediator has requested that the Parties submit mediation briefs by April 16, 2014. 3. The October 2, 2013 Minute Order and Case Management Order (Dkt. No. 76)

sets the following case scheduling deadlines, which now fall immediately before and after the
DECL. OF WHITTY SOMVICHIAN I/S/O STIPULATION TO STAY DISCOVERY CASE NO. 5:13-MD-02430 LHK (PSG))

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ATTORNEYS AT LAW SAN FRANCISCO

Mediation: Fact Discovery CutoffApril 3, 2014; Opening Expert ReportsApril 17, 2014; Rebuttal Expert ReportsMay 1, 2014; and Close of Expert DiscoveryMay 15, 2014. 4. The Parties are currently working to comply with the various deadlines set forth

above, including the completion of remaining written discovery and depositions per the Courts existing fact discovery deadline of April 3, 2014. 5. On February 25, 2014, Plaintiffs issued subpoenas to several third partiesCable

One, Inc., the University of Hawaii, and the University of the Pacificseeking production of documents and 30(b)(6) deposition testimony to be completed before the current discovery deadline of April 3, 2014. 6. In order to allow the Parties to fully consider the impact of the Courts ruling on

Plaintiffs Motion for Class Certification on the remaining issues in the case and to facilitate a productive Mediation on April 23, the Parties have conferred and agreed to seek a short extension of intervening case deadlines and a brief stay of discovery until after the Mediation so that they can focus their efforts on preparing for the Mediation and the potential resolution of Plaintiffs claims. 7. This short stay of discovery will also potentially relieve third parties subpoenaed

by Plaintiffs from substantial discovery costs and burdens, including the collection, review and production of thousands of documents and the preparation and deposition of 30(b)(6) witnesses. 8. The Parties do not believe that the requested stay will have a significant adverse

effect on the case schedule. The requested stay is limited in duration and for the specific purpose of facilitating resolution of this matter. In the event the Parties are unable to come to an agreement at the Mediation, they will meet and confer on a revised schedule to present to the Court at the currently scheduled April 24, 2014 Case Management Conference. 9. Pursuant to Local Rule 6-2(a)(2), the Parties hereby disclose the following

previous time modifications in this case: The Court approved the Parties stipulated request to extend the deadline for Google to file its Answer to October 18, 2013 (Dkt. No. 76);
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The Court granted the Parties stipulated request to extend the time for Google to 2.
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ATTORNEYS AT LAW SAN FRANCISCO

file its response in support of Plaintiffs Administrative Motion to Conditionally File Under Seal from January 2, 2014 to January 9, 2014 (Dkt. No. 118); The Court continued the hearing on Plaintiffs Motion for Class Certification and Case Management Conference, originally set for January 16, 2014 to February 27, 2014 (Dkt. Nos. 125, 126 and 127); The Court ordered expedited briefing on the Non-Party Press Organizations Motion to Intervene (Dkt. No. 139); The Court continued the private mediation deadline from March 15, 2014 to April 24, 2014 (Dkt. No. 147). 10. None of the deadlines that would be affected by the requested stay have been

previously modified by this Courts order or stipulation. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on March 20, 2014, in San Francisco, California.

/s/ Whitty Somvichian Whitty Somvichian

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DECL. OF WHITTY SOMVICHIAN I/S/O STIPULATION TO STAY DISCOVERY CASE NO. 5:13-MD-02430 LHK (PSG)