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Christina Jenkins, et al v. Apple

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


May 24, 2011

CHRISTINA JENKINS, ET AL.,
PLAINTIFFS,
v.
APPLE, INC.,
DEFENDANT.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

ORDER DENYING REQUEST TO CONSOLIDATE WITHOUT PREJUDICE; SETTING BRIEFING SCHEDULE ON MOTION TO REMAND

Action, Case Number 10-CV-05878-LHK. See Dkt. #14. On May 16, 2011, Apple submitted a Response to Plaintiffs, noting that under the March 15, 2011 Order Consolidating Cases in the In Re iPhone Application Litigation (the "Consolidation Order"), Plaintiffs did not file their objection 21 within the ten-day limit set out in the Consolidation Order. See Dkt. #16.

Although Apple is correct that Plaintiffs' objection was not timely filed in accordance with the Consolidation Order, the Court agrees with Plaintiffs that consolidation of the Jenkins Action is 24 premature given Plaintiffs' recently filed motion to remand for lack of subject matter jurisdiction.

Action, it will consolidate it with the In Re iPhone Application Litigation. If, on the other hand, the Court determines that it does not have subject matter jurisdiction, the Court will remand the action 28 to Santa Clara County Superior Court.

On May 12, 2011, counsel for Plaintiffs filed an Objection to Apple's Proposed Order Consolidating this action (the "Jenkins Action") with the In Re iPhone Application Litigation See Dkt. #17. If the Court determines it does have subject matter jurisdiction over the Jenkins Plaintiffs' motion to remand is noticed for a hearing on July 21, 2011. The Court finds this motion appropriate for expedited briefing. Accordingly, Apple's Opposition is due by June 17, 2011, and Plaintiffs' Reply is due by June 29, 2011.

IT IS SO ORDERED.

United States District Court For the Northern District of California

20110524

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