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Robert Herskowitz, Individually and On Behalf of All Others v. Apple Inc

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


November 2, 2012

ROBERT HERSKOWITZ, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,
PLAINTIFF,
v.
APPLE INC.,
DEFENDANT.
PHOEBE JUEL, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
APPLE INC.,
DEFENDANT.

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

ORDER CONSOLIDATING CASES

Before the Court is Apple Inc.'s Motion to Consolidate the two above-captioned cases. See 12-CV-02131-LHK, ECF No. 19; 12-CV-03124-LHK, ECF No. 27. Plaintiff Herskowitz opposes 23 this motion, 12-CV-02131-LHK, ECF No. 26, as does Plaintiff Juel, 12-CV-03124-LHK, ECF No. 24 31. Pursuant to Rule 42(a)(1) of the Federal Rules of Civil Procedure, "[i]f actions before the court 25 involve a common question of law or fact, the court may (1) join for hearing or trial any or all 26 matters at issue in the actions; [or] (2) consolidate the actions . . . ." 27 28

The Court has reviewed Defendant's motion and the relevant filings in both cases and finds 2 that these cases involve common questions of law and fact and that consolidation will promote 3 judicial economy. Specifically, the plaintiffs in both cases purport to represent nationwide classes 4 of purchasers of iTunes songs who were allegedly charged more than once for the same song. 5

Accordingly, Defendant's Motion to Consolidate the two cases is GRANTED. The case 6 management conference set for November 8, 2012, at 1:30 p.m. remains as set. The parties shall 7 file a Joint Case Management Statement by noon on Wednesday, November 7, 2012. 8 9

IT IS SO ORDERED. 10

20121102

© 1992-2012 VersusLaw Inc.



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