UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
June 15, 2011
GAREN MEGUERIAN, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
LAUREN SCOTT, KATHLEEN KOFFMAN AND HEATHER SILVERSMITH, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,
APPLE INC., DEFENDANT.
TWILAH MONROE, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,
The opinion of the court was delivered by: Honorable Jeremy Fogel, Usdj
Other Counsel Appear On Signature Page
REVISED STIPULATION AND CONSOLIDATION OF CASES [PROPOSED] ORDER RE
WHEREAS, Plaintiffs in the above-captioned actions ("Actions"), on behalf of themselves and all others similarly situated, all assert claims against Defendant Apple Inc. ("Defendant" or "Apple") for its alleged deceptive acts and practices in connection with its sale 11 to minors of "in-app" content; and WHEREAS, in an effort to effectively manage this litigation and proceed in an efficient manner, IT IS HEREBY STIPULATED THAT:
I. CONSOLIDATION OF RELATED ACTIONS
1. The above actions are hereby deemed related and consolidated for discovery and pre-trial proceedings before this Court.
2. The clerk shall establish and maintain a Master Docket and Master File for this proceeding under the caption "In re Apple In-App Purchase Litigation," Master File No. 11-cv-1758 JF. All orders, pleadings, motions and other documents should, when filed and docketed in the Master File, be deemed filed and docketed in each individual case.
3. The parties will meet and confer if any additional action is filed in, removed to, or transferred to this Court to determine whether the new action involves the same or substantially similar issues of law and fact and whether consolidation would be appropriate. If the parties agree that the new action is appropriately consolidated with the Actions, the parties will follow the procedures below:
a. The parties will jointly file a request to consolidate the matter with this Court and counsel for Plaintiffs in the Consolidated Action shall serve notice on counsel in the 28 action counsel are seeking be consolidated;
b. The parties will jointly request that the Clerk of the Court:
i. place a copy of this Order in the separate file for such action;
ii. provide a copy of this Order to counsel for the plaintiff(s) in the newly filed or transferred action and to any defendant(s) in the newly filed or transferred action; 5 and 6
iii. make an appropriate entry on the Master Docket for the Consolidated Action.
4. If the parties in the Actions do not agree that the new action should be consolidated with the Actions, the party seeking consolidation may, within ten (10) days after 10 meeting and conferring with the party opposing consolidation, file a motion for consolidation.
II. FILING AND DOCKETING PROCEDURES
1. Every pleading hereafter filed in this Consolidation Action shall bear the following caption:
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
IN RE APPLE IN-APP PURCHASE LITIGATION
Master File No. 11-cv-1758 JF
This Document Relates To: All Actions.
2. When a pleading or paper is intended to be applicable to all actions to which this Order is applicable, the words "All Actions" shall appear immediately after the words "This Document Relates To:" in the caption set out above. When a pleading or paper is intended to be applicable to only some, but not all of such actions, this Court's docket number for each action to which the pleading or paper is intended to be applicable and the last name of the first named plaintiff(s) in that action shall appear immediately after the words "This Document Relates To:" in the caption described above, i.e., "Civil Action No. _____ [Name of plaintiff(s)]."
3. When a pleading or paper is filed and the caption, pursuant to ¶ 2, shows that it is to be applicable to "All Actions," the Clerk shall file such pleading or paper in the Master File 3 and note such filing in the Master Docket. No further copies need be filed or other docket 4 entries made.
4. When a pleading or paper is filed and the caption, pursuant to ¶ 2, shows that it is applicable to fewer than all of the Actions, the Clerk shall file such pleading or other paper only in the Master File but nonetheless shall note such filing in both the Master Docket and in the docket of each such action.
III. FILING OF CONSOLIDATED AMENDED COMPLAINT AND RESPONSE THERETO
1. Plaintiffs shall file a Consolidated Amended Complaint on or before June 17,2011.
2. Defendant need not answer or otherwise respond to any of the complaints in the three separate actions captioned above.
3. Defendant shall file an answer or otherwise respond to the Consolidated Amended Complaint on or before August 5, 2011.
4. If Defendant files a motion to dismiss the Consolidated Amended Complaint, Plaintiffs shall file a response to the motion on or before September 2, 2011, and Defendant 19 shall file its reply brief on or before September 21, 2011.
IT IS SO STIPULATED.
Dated: June 9, 2011
Christopher T. Heffelfinger
Anthony D. Phillips
One California Street, Suite 900
San Francisco, CA 94111
Proposed Interim Liaison Counsel for Plaintiffs
Michael J. Boni
Joshua D. Snyder
BONI & ZACK LLC
St. Asaphs Road
Bala Cynwyd, PA 19004 (610) 822-0200
Simon Bahne Paris
SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C.
One Liberty Place, 52nd Floor 1650 Market Street
Philadelphia, PA 19103 (215) 575-3986
Proposed Interim Co-Lead Counsel for Plaintiffs
Jonathan Shub SEEGER WEISS, LLP
1515 Market Street Philadelphia, PA 19102
Benjamin G. Edelman
LAW OFFICES OF BENJAMIN EDELMAN
27A Linnaean Street
Cambridge, MA 02138 (617) 359-3360
Roberta D. Liebenberg Jeffrey S. Istvan
Gerard A. Dever
FINE, KAPLAN AND BLACK, R.P.C.
1835 Market Street, 28th Floor
Philadelphia, PA 19103 (215) 567-6565
Shanon J. Carson
Sarah R. Schalman-Bergen BERGER & MONTAGUE, P.C.
1622 Locust St.
Philadelphia, PA 19103 (215) 875-3000
Attorneys for Plaintiffs
Dated: June 9, 2011 By:
Stuart C. Plunkett
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, CA 94105
Attorneys for Defendant
I, Christopher T. Heffelfinger, am the ECF User whose ID and password are being used to file this document. In compliance with General Order 45 X.B., I hereby attest that Stuart C. Plunkett has concurred in this filing.
IT IS SO ORDERED.
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