SECOND REVISED STIPULATION AND [PROPOSED] ORDER RE CONSOLIDATION OF CASES RECITALS
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 to minors of "in-app" content; WHEREAS, the parties intend that the Actions be consolidated for all purposes; WHEREAS, Plaintiffs filed a Consolidated Amended Complaint on June 16, 2011 in the case captioned Meguerian v. Apple Inc., No. 11-cv-01758-JF, with the intention that the Consolidated Amended Complaint shall become the operative complaint for the Actions, upon 16 their consolidation.
IT IS THEREFORE STIPULATED by and between the parties, through their counsel of record, that, subject to the Court's approval:
I. CONSOLIDATION OF RELATED ACTIONS
1. The above actions are hereby deemed related and consolidated for all purposes 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-25 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, 28 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 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; and 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 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 ...