The opinion of the court was delivered by: Honorable Jeremy Fogel, Usdj
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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 ...