Gallion v. Apple, Inc

Filing 62

STIPULATION AND ORDER EXTENDING CLASS CERTIFICATION BRIEFING SCHEDULE. Signed by Judge Richard Seeborg on 10/12/11. (cl, COURT STAFF) (Filed on 10/12/2011)

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*E-Filed 10/12/11* 1 2 3 4 Jeffrey L. Fazio (146043) (jlf@fazmiclaw.com) Dina E. Micheletti (184141) (dem@fazmiclaw.com) FAZIO | MICHELETTI LLP 2410 Camino Ramon, Suite 315 San Ramon, CA 94583 T: 925-543-2555 F: 925-369-0344 8 Steven A. Schwartz (pro hac vice) (SAS@chimicles.com) Timothy N. Mathews (pro hac vice) (TNM@chimicles.com) CHIMICLES & TIKELLIS LLP 361 W. Lancaster Avenue Haverford, PA 19041 T: 610-642-8500 F: 610-649-3633 9 Interim Co-Lead Class Counsel 5 6 7 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 13 IN RE APPLE IPHONE/IPOD WARRANTY LITIGATION 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This Document Relates To: ALL ACTIONS No. CV 10-01610-RS STIPULATION AND [PROPOSED] ORDER EXTENDING CLASS CERTIFICATION BRIEFING SCHEDULE RECITALS 1 2 3 4 5 6 7 8 9 10 11 12 1. The Stipulation and Order Regarding Schedule Governing Motion for Class Certification, filed on April 20, 2011 (Dock. No. 47) (“April Order”) states as follows: The current schedule is based on the parties’ understanding that Apple will complete its initial document production by the end of June, 2011; that no substantial follow-up discovery or modifications to the key-word searches that informed Apple’s discovery efforts will be necessary in order to draft Plaintiffs' class-certification brief; that the schedules of counsel and various witnesses will allow for the taking of depositions following the completion of Apple’s initial document production; and that Plaintiffs will be able to obtain necessary thirdparty discovery prior to the filing of their motion for class certification. In the event circumstances warrant it, this schedule is subject to modification. 2. Pursuant to the April Order, the current deadline for plaintiffs to file their motion for class certification is October 21, 2011. 3. Discovery in this case is still ongoing. Depositions of Apple’s FRCP 30(b)(6) 13 designees began on September 6, 2011, are still in progress as of the filing of this stipulation. 14 For various reasons, including the schedules of Apple’s designees, those depositions are not 15 expected to be completed until after the date on which Plaintiffs’ class certification brief is 16 presently due. Additionally, document production is not complete. Apple produced significant 17 documents in August, which are still being reviewed by plaintiffs’ counsel, and additional 18 documents are being collected and produced by Apple. 19 4. Third-party discovery is not complete. While third-party deposition subpoenas 20 were served on 3M Company and AT&T Mobility LLC, protective orders were not finalized for 21 those parties’ production until May 31 and August 19, 2011, respectively. A motion to compel 22 was required to resolve substantive disputes with 3M Company regarding the scope of its 23 production, and was not finally resolved until August 31, 2011, when Judge David S. Doty of the 24 U.S. District Court for the District of Minnesota overruled 3M’s objection to the Magistrate 25 Judge’s order granting in part plaintiffs’ motion to compel. 3M produced documents on August 26 12, September 12, and September 26, 2011. AT&T Mobility produced documents comprising 27 over 58,000 pages on August 26, 2011. Plaintiffs’ counsel are still in the process of reviewing 28 all of this production and anticipate that the production may be found incomplete, requiring -1STIPULATION AND PROPOSED ORDER EXTENDING CLASS CERTIFICATION BRIEFING SCHEDULE NOS. CV-10-01610-RS 1 further “meet and confer” discussions and possible motion practice. Plaintiffs have also served a 2 third-party deposition subpoena on Hon Hai Corporation, and are in the process of conferring 3 with counsel for that entity regarding its anticipated production. 5. 4 The parties have agreed to participate in a mediation on October 13, 2011 with the 5 Hon. Edward A. Infante (Ret.) of JAMS. This was the earliest workable date available after the 6 parties (including plaintiffs’ counsel in the parallel state court action) agreed to participate in 7 mediation. Plaintiffs reasonably have been focusing their efforts on preparing for the mediation 8 rather than preparing their class certification motion papers. If the matter does not settle during 9 the scheduled mediation, the eight days remaining to prepare the class certification motion 10 papers will be insufficient. 6. 11 12 The parties agree that circumstances warrant modification of this deadline and the remaining briefing schedule. STIPULATION 13 14 Accordingly, by and through their counsel, the parties hereby stipulate to modify the 15 Stipulation and Order Regarding Schedule Governing Motion for Class Certification, filed on 16 April 20, 2011 (Dock. No. 47) by extending all deadlines by approximately three months, as 17 follows: 1. 19 20 Plaintiffs will file their motion for class certification on or before January 31, 2. 18 In the event Plaintiffs submit testimony in support of their opening brief, 2012. 21 Defendant Apple, Inc. (“Apple”) shall file its opposition to the motion for class certification on 22 April 2, 2012, so as to provide Apple with sufficient opportunity to depose Plaintiffs’ declarants 23 about the matters set forth in their declarations, to the extent those declarants have not already 24 been deposed about those matters. 25 opening brief, Apple’s opposition papers shall be due March 2, 2012. 26 3. If Plaintiffs do not submit testimony in support of their In the event Apple submits testimony in support of its opposition brief and 27 Plaintiffs have submitted testimony in support of their opening brief, Plaintiffs’ reply papers 28 shall be filed on June 4, 2012, so as to provide Plaintiffs with sufficient opportunity to depose -2STIPULATION AND PROPOSED ORDER EXTENDING CLASS CERTIFICATION BRIEFING SCHEDULE NOS. CV-10-01610-RS 1 Apple’s declarants about the matters set forth in their declarations, to the extent those declarants 2 have not already been deposed about those matters. If Apple submits testimony in support of its 3 opposition brief, but Plaintiffs have not submitted testimony in support of their opening brief, 4 Plaintiffs' reply brief shall be due May 2, 2012. If Apple does not submit testimony in support of 5 its opposition brief, but Plaintiffs have submitted testimony in support of their opening brief, 6 Plaintiffs' reply brief shall be due May 2, 2012. If neither party submits testimony in support of 7 the opening and opposition briefs, Plaintiffs’ reply brief shall be due April 2, 2012. 8 9 10 11 4. Plaintiffs shall have the opportunity to submit expert rebuttal testimony in support of their reply brief. 5. The hearing date for Plaintiffs’ class-certification motion shall be set on or about the time Plaintiffs file their reply brief. 12 13 DATED: October 12, 2011 Jeffrey L. Fazio Dina E. Micheletti FAZIO | MICHELETTI LLP 14 15 16 by /s/ Jeffrey L. Fazio Jeffrey L. Fazio 17 Interim Co-Lead Class Counsel 18 DATED: October 12, 2011 Steven A. Schwartz Timothy N. Mathews CHIMICLES & TIKELLIS LLP 19 20 21 by /s/ Steven A. Schwartz Steven A. Schwartz 22 Interim Co-Lead Class Counsel 23 DATED: October 12, 2011 Penelope A. Preovolos Andrew D. Muhlbach Samuel J. Boone Lunier MORRISON | FOERSTER LLP 24 25 26 by /s/ Andrew D. Muhlbach Andrew D. Muhlbach 27 Attorneys for Defendant, Apple, Inc. 28 -3STIPULATION AND PROPOSED ORDER EXTENDING CLASS CERTIFICATION BRIEFING SCHEDULE NOS. CV-10-01610-RS 1 ATTESTATION OF FILER 2 3 I, Kimberly A. Kralowec, hereby attest that concurrence in the filing of this document has 4 been obtained from each of the other signatories. See N.D. Cal. Gen. Order No. 45, para. X(B). 5 Dated: October 12, 2011 By: 6 /s/ Kimberly A. Kralowec Kimberly A. Kralowec THE KRALOWEC LAW GROUP 7 8 9 PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, IT IS SO ORDERED. 10 11 12 Dated: 10/12 , 2011 The Honorable Richard Seeborg United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4STIPULATION AND PROPOSED ORDER EXTENDING CLASS CERTIFICATION BRIEFING SCHEDULE NOS. CV-10-01610-RS