UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
July 8, 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, PLAINTIFFS,
TWILAH MONROE, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
SECOND REVISED STIPULATION AND [PROPOSED] ORDER RE CONSOLIDATION OF CASES RECITALS
WHEREAS, Plaintiffs in the above-captioned actions ("Actions"), on
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;
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.
STIPULATION IT IS THEREFORE STIPULATED by and between the parties, through their
record, that, subject to the Court's approval:
I. CONSOLIDATION OF RELATED ACTIONS
1. The above actions are hereby deemed related and consolidated for
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 Mastr 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 2 the parties agree that the new action is appropriately consolidated with the Actions, the parties 3 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 6 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
newly filed or transferred action and to any defendant(s) in the
newly filed or transferred action;
iii. make an appropriate entry on the Master Docket for the
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 16 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
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 4 applicable to only some, but not all of such actions, this Court's docket number for each action 5 to which the pleading or paper is intended to be applicable and the last name of the first named 6 plaintiff(s) in that action shall appear immediately after the words "This Document Relates To:" 7 in the caption described above, i.e., "Civil Action No. _____ [Name of plaintiff(s)]." 8
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 10 and note such filing in the Master Docket. No further copies need be filed or other docket 11 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 14 in the Master File but nonetheless shall note such filing in both the Master Docket and in the 15 docket of each such action.
III. FILING OF CONSOLIDATED AMENDED COMPLAINT AND RESPONSE
1. Defendant need not answer or otherwise respond to any of the
complaints in the
three separate actions captioned above.
2. Defendant shall file an answer or otherwise respond to the Consolidated Amended Complaint on or before August 5, 2011.
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