August 22, 2013
In re iPhone Application Litigation.
KAMBERLAW, LLC, SCOTT A. KAMBERM (pro hac vice), DAVID A. STAMPLEY (pro hac vice), New York, NY, Interim Lead Counsel for Consolidated Plaintiffs.
GIBSON, DUNN & CRUTCHER LLP, S. ASHLIE BERINGER, SBN 263977, JOSHUA A. JESSEN, SBN 222831, JESSICA S. OU, SBN 280534, Palo Alto, California, Attorneys for Defendant, APPLE INC., A CALIFORNIA CORPORATION.
KAMBERLAW, LLC, DEBORAH KRAVITZ (SBN 275661), Healdsburg, CA, Interim Lead Counsel for Consolidated Plaintiffs.
WILLIAM AUDET, JONAS MANN, AUDET & PARTNERS LLP, San Francisco, CA, Liaison Counsel for Consolidated Plaintiffs.
RICHARD A. LOCKRIDGE, ROBERT K. SHELQUIST, KAREN HANSON RIEBEL, LOCKRIDGE GRINDAL NAUEN P.L.L.P., Minneapolis, MN.
LEIGH SMITH, JOSHUA E. KELLER, MILBERG LLP, New York, NY.
JEREMY WILSON, WILSON, TROSCLAIR & LOVINS, Dallas, TX, Executive Committee for Consolidated Plaintiffs.
GIBSON, DUNN & CRUTCHER LLP, S. ASHLIE BERINGER, Attorneys for Defendant, APPLE INC.
SUPPLEMENTAL JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER CONTINUING AUGUST 28, 2013 CASE MANAGEMENT CONFERENCE
LUCY H. KOH, District Judge.
Pursuant to Civil L.R. 16-10(d), the parties to this action certify that they have met and conferred and jointly submit this Supplemental Joint Case Management Statement.
DESCRIPTION OF SUBSEQUENT CASE DEVELOPMENTS
1. On June 7, 2013, the Court entered an Order, at the request of the parties, continuing the Case Management Conference scheduled for June 12, 2013 to August 28, 2013. (Dkt. No. 239.)
2. Since entry of the Court's Order, the parties have continued to work cooperatively on discovery, and Plaintiffs have taken three additional depositions of Apple personnel. The parties also participated in a further mediation on August 5, 2013, which did not resolve the case.
3. On August 19, 2013, Plaintiffs filed their Motion for Class Certification; Apple will file its opposition on September 19, 2013; and Plaintiffs will file their reply on October 10, 2013. (Dkt. No. 226.)
4. Additionally, on September 26, 2013, Plaintiffs will file their opposition to Apple's Motion for Summary Judgment (which Apple filed on May 17, 2013), and Apple will file its reply on October 10, 2013. ( Id. )
5. The Court is scheduled to conduct hearings on Plaintiffs' Motion for Class Certification and Apple's Motion for Summary Judgment on October 31, 2013, and November 7, 2013, respectively. ( Id. )
6. Given the current posture of the case, including the upcoming briefing on class certification and summary judgment, the parties do not believe a case management conference on August 28, 2013 is necessary, and believe that judicial efficiency will be maximized and the interests of all parties and the Court will be best served by continuing the conference to either October 31, 2013 or November 7, 2013. The parties therefore respectfully request that the Court continue the August 28, 2013 case management conference to October 31, 2013 or November 7, 2013 (or to a later date that is convenient for the Court). The parties are attaching a proposed order.
Pursuant to Civil Local Rule 5-1, I, S. Ashlie Beringer, hereby attest that concurrence in the filing of this document has been obtained from Scott A. Kamber.
SUPPLEMENTAL CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER
The Supplemental Case Management Statement and Proposed Order is hereby adopted by the Court as a Supplemental Case Management Order for this case. The August 28, 2013 case management conference is hereby continued to:
October 31, 2013, at 1:30 p.m.
November 7, 2013, at 1:30 p.m.