1 Jason J. Kim (State Bar No. 221476) [email protected] 2 HUNTON ANDREWS KURTH LLP 550 South Hope Street, Suite 2000 3 Los Angeles, California 90071-2627 4 Telephone: (213) 532-2000 Facsimile: (213) 532-2020 5 Attorney for Defendant 6 SAMSUNG ELECTRONICS AMERICA, INC.

7 Marcus J. Bradley, Esq. (State Bar No. 174156) 8 [email protected] Kiley L. Grombacher, Esq. (State Bar No. 245960) 9 [email protected] Lirit A. King, Esq. (State Bar No. 252521) 10 [email protected] BRADLEY/GROMBACHER, LLP 11 31365 Oak Crest Drive, Suite 240 12 Westlake Village, California 91361 Telephone: (805) 270-7100 13 Facsimile: (805) 270-7589

14 Attorney for Plaintiff 15 TAMMY GUTIERREZ

16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 SAN FRANCISCO DIVISION 19 TAMMY GUTIERREZ, individually and on CASE NO.: 3:22-cv-05719-SK 20 behalf of all others similarly situated, STIPULATION AND ORDER TO STAY 21 Plaintiff, PROCEEDINGS PENDING JUDICIAL PANEL ON MULTIDISTRICT 22 v. LITIGATION’S DECISION ON MOTION FOR TRANSFER AND CONSOLIDATION 23 SAMSUNG ELECTRONICS AMERICA, UNDER

24 INC., a corporation, Complaint Filed: October 4, 2022 25 Defendant.

26

27 1 Plaintiff Tammy Gutierrez (“Plaintiff”) and Defendant Samsung Electronics America, Inc. 2 (“Samsung”) stipulate and agree as follows: 3 WHEREAS, on October 4, 2022, Plaintiff filed her Class Action Complaint (the 4 “Complaint”) in the above-entitled action. 5 WHEREAS, on October 11, 2022, Plaintiff served the original summons and Complaint on 6 Samsung Electronics America, Inc. (“Samsung”). 7 WHEREAS, on October 7, 2022, Plaintiffs in a related action currently pending in this 8 District, styled Seirafi, et al. v. Samsung Electronics America, Inc., No. 3:22-cv-5176, filed a Motion 9 for Transfer of Actions to the Northern District of California Pursuant to

for 10 Coordinated or Consolidated Pretrial Proceedings before the United States Judicial Panel on Multi- 11 District Litigation (the “MDL Petition”), specifically listing this action for inclusion in any 12 centralization order issued by the Panel. In re: Samsung Customer Data Security Breach Litigation, 13 JPML Case No. 3055, ECF No. 1. Accordingly, the Panel’s decision on the MDL Petition may 14 directly impact this case and whether it proceeds in this Court. 15 WHEREAS, in light of the possibility that this action might not proceed in this Court, the 16 parties agree that a stay of these proceedings during the pendency of the MDL Petition would save 17 judicial and party resources. 18 WHEREAS, courts routinely stay proceedings pending a determination of a motion to 19 transfer and consolidate pursuant to

. See, e.g., Jones v. Bristol-Myers Squibb Co., 20

, at *2 (N.D. Cal. July 8, 2013) (consistent with majority of courts, “courts in this

21 district … have granted motions to stay in order to preserve judicial resources” pending MDL 22 resolution). 23 / / / 24 / / / 25 / / / 26 27 1 NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties, through 2 their respective counsel, that this action be stayed pending the Panel’s determination on the MDL 3 Petition. Should the Panel deny centralization of the actions that are the subject of the MDL Petition 4 (including this one), the parties will confer and jointly submit a proposed order lifting the stay for the 5 Court’s review and approval, which will include a deadline for Samsung’s response to the 6 Complaint. 7 IT IS SO STIPULATED. 8 9 Dated: October 26, 2022 HUNTON ANDREWS KURTH LLP 10 11 By: /s/ Jason J. Kim Jason J. Kim 12 Attorney for Defendant 13 SAMSUNG ELECTRONICS AMERICA, INC. 14 15 Dated: October 26, 2022 BRADLEY/GROMBACHER, LLP 16

17 By: /s/ Kiley L. Grombacher 18 Kiley L. Grombacher Attorney for Plaintiff 19 TAMMY GUTIERREZ 20

21 ATTESTATION 22 I, Jason J. Kim, am the ECF user whose ID and password are being used to file this 23 document. In compliance with Local Rule 5-1(i)(3), I attest that concurrence in the filing of the 24 document has been obtained from each of the other Signatories. 25 26 Dated: October 26, 2022 /s/ Jason J. Kim Jason J. Kim 27 1 Pursuant to the parties’ stipulation, the Court HEREBY STAYS this action pending the 2 || Panel’s determination on the MDL Petition. 3 IT IS SO ORDERED. 4 + 5 || Dated: October 27, 2022 hthn Sallie Kim 6 United States Magistrate Judge 7 8 9 10 25 11 a2 ve 13 BE “ae 14 2S = 15

16 5 17 18 19 20 21 22 23 24 25 26 27 28 3 3:22-cv-05719-SK