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Charlene Gallion, On Behalf of Herself v. Apple

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


April 13, 2011

CHARLENE GALLION, ON BEHALF OF HERSELF
AND ALL OTHERS SIMILARLY SITUATED,
PLAINTIFF,
v.
APPLE, INC., A CALIFORNIA CORPORATION, AND
DOES 1-100, INCLUSIVE,
DEFENDANTS.
CHRISTOPHER CORSI, ON BEHALF OF HIMSELFAND ALL OTHERS SIMILARLY SITUATED,
PLAINTIFF,
v.
APPLE INC.,
DEFENDANT.
DANIEL CALIX, ON BEHALF OF HIMSELF AND ALL -RS OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
APPLE INC.,
DEFENDANT.

The opinion of the court was delivered by: The Honorable Richard Seeborg United States District Judge

*E-Filed 4/13/11*

Jeffrey L. Fazio (146043) (jlf@fazmiclaw.com) Dina E. Micheletti (184141) (dem@fazmiclaw.com) 2 FAZIO |MICHELETTI LLP 2410 Camino Ramon, Suite 315 3 San Ramon, CA 94583 T: 925-543-2555 4 F: 925-369-0344 5 Steven A. Schwartz (pro hac vice) (SAS@chimicles.com) Timothy N. Mathews (pro hac vice) (TNM@chimicles.com) 6 CHIMICLES &TIKELLIS LLP 361 W. Lancaster Avenue 7 Haverford, PA 19041 T: 610-642-8500 8 F: 610-649-3633 9 Attorneys for Plaintiff, Charlene Gallion and Christoper Corsi, on behalf of themselves 10 and all others similarly situated 11

Hon. Richard Seeborg

STIPULATION AND [PROPOSED] ORDER CONSOLIDATING ACTIONS AND GRANTING LEAVE TO FILE CONSOLIDATED AMENDED COMPLAINT

Pending before the Court are three actions that have been formally related by order of this Apple, Inc., No. CV-10-05895 (collectively, the "Related Actions"). Because of their similarity 4 and the parties' voluntary coordination of discovery and other aspects of the litigation, the parties 5 have agreed that formally consolidating the Related Actions will further the parties' objectives 6 regarding their efficient and expeditious resolution. Accordingly, the parties hereby 7

STIPULATE as follows: 8

RS for pretrial proceedings before this Court. The consolidated action shall be captioned as "In 10 re Apple iPhone/iPod Warranty Litigation." 11

12 subsequently filed in, or transferred to, this District shall be consolidated into this action for 13 pretrial purposes and Fazio | Micheletti LLP and Chimicles & Tikellis LLP shall continue to 14 serve as Co-Lead Class Counsel for the consolidated action. 15

16 party that objects to such consolidation, or to any other provision of this Order, must file an 17 application for relief from this Order within thirty (30) days after the date on which a copy of the 18 order is mailed to the party's counsel, pursuant to Paragraph 4, infra. 19

20 whenever a case that should be consolidated with this action is filed in, or transferred to, this 21

2. All related actions (as that term is defined in Civil Local Rule 3-12(a)) that are

3. This Order shall apply to every such related action, absent order of the Court. A

4. The parties shall file a Notice of Related Case pursuant to Civil L.R. 3-12

District. If the Court determines that the case is related, the clerk shall: 22

27 severance of any claim or action, for good cause shown. 28

a. place a copy of this Order in the separate file for such action;

b. serve on plaintiff' s counsel in the new case a copy of this Order;

c. direct that this Order be served upon defendants in the new case; and

d. make the appropriate entry in the Docket for the consolidated action.

5. This Order is entered without prejudice to the rights of any party to apply for

6. Defendant Apple, Inc. ("Apple") is not required to respond to the complaint in 2 any action consolidated into this action, other than a consolidated complaint or a complaint 3 designated as the operative complaint. 4

7. Co-Lead Class Counsel shall prepare and file with the Court not later than May 30, 2011, a consolidated complaint containing the substantive allegations and claims for relief 6 pertaining to each of the Related Actions (the "Consolidated Complaint"). The Consolidated 7 Complaint shall be the operative complaint in the consolidated action, and shall supersede all 8 complaints filed in any of the actions consolidated herein. Apple shall have thirty (30) days from 9 the filing of the Consolidated Complaint in which to plead or otherwise respond. 10

SO STIPULATED.

PURSUANT TO STIPULATION, IT IS SO ORDERED. *

* It is further ordered that upon the filing of this order in all of the above-captioned cases, the Clerk shall close the files in Case Nos. 10-3316 RS and 10-5895 RS. 22 23 24 25 26 27 28

20110413

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