UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
May 20, 2011
IN RE IPHONE APPLICATION LITIG.
The opinion of the court was delivered by: Lucy H. Koh United States District Court United States District Judge
ORDER SEEKING ADDITIONAL
INFORMATION RE: MOTION TO
RELATE CASE NUMBER 11-CV-
02167-PSG TO IN RE IPHONE
(re: dkt. #80)
On May 11, 2011, Defendant Flurry, Inc. filed a motion to relate King v. Google, et al., CV-02167-PSG to In Re iPhone Application Litigation, 10-CV-05878. See Dkt. #80. From the Court's review, it appears that there are overlapping causes of action and certain overlapping Defendants, but there are also critical differences in the cases. For example, the King action 20 centers on devices that run Google's Android operating system, devices not currently involved in 21 the In Re iPhone Application Litigation. Prior to ruling upon the motion to relate, however, the Court seeks additional information from the parties. Specifically, the Court requests that, at the May 25, 2011 hearing and case management conference in connection with the In Re iPhone 24
Application Litigation, counsel for the parties be prepared to discuss: 25
1) if the cases are related, whether the parties will seek to consolidate the cases;
2) Plaintiffs' and Apple's position on whether the cases should be related;
3) the overlap, if any, of the alleged class members;
4) how the applications work on the different operating systems, and if the applications work differently on each operating system;
5) whether different licenses and disclosures are involved with respect to the different devices and operating systems;
6) whether Plaintiffs are aware of, or anticipate, any other cases against other devices or operating systems;
7) if the cases are not related, whether the parties will still seek a coordinated approach to ADR and a global resolution of all the actions.
IT IS SO ORDERED.
For the Northern District of California
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