Gallion v. Apple, Inc

Filing 63

STIPULATION (Joint) and [Proposed] Order Regarding Confidentiality Designations by Apple, Inc. (Muhlbach, Andrew) (Filed on 12/5/2011)

1 2 3 4 5 6 7 8 PENELOPE A. PREOVOLOS (CA SBN 87607) PPreovolos@mofo.com ANDREW DAVID MUHLBACH (CA SBN 175694) AMuhlbach@mofo.com ALEXEI KLESTOFF (CA SBN 224016) AKlestoff@mofo.com SAMUEL J. BOONE LUNIER (CA SBN 252732) SLunier@mofo.com MORRISON & FOERSTER LLP 425 Market Street, 32nd Floor San Francisco, California 94105-2482 Telephone: 415.268.7000 Facsimile: 415.268.7522 Attorneys for Defendant APPLE INC. 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 IN RE APPLE IPHONE/IPOD WARRANTY LITIGATION Case No. CV 10-01610-RS 15 CLASS ACTION 16 JOINT STIPULATION AND [PROPOSED] ORDER REGARDING CONFIDENTIALITY DESIGNATIONS 17 18 19 20 Judge Richard Seeborg, Courtroom 3 Complaint Filed: June 30, 2011 Trial Date: None Set 21 22 23 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER REGARDING CONFIDENTIALITY DESIGNATIONS CV 10-01610-RS sf-3078302 1 WHEREAS, in response to plaintiffs’ discovery requests, defendant Apple Inc. (“Apple”) 2 has produced documents and deposition testimony that it contends have been properly designated 3 for confidential treatment pursuant to the Stipulated Protective Order entered by the Court on 4 November 2, 2010 (“Protective Order”); 5 6 7 8 9 10 11 12 WHEREAS, on November 11, 2011, plaintiffs notified Apple that they objected to the confidentiality designations on certain documents and deposition testimony; WHEREAS, the parties are in the process of conferring informally in an effort to resolve these confidentiality challenges; WHEREAS, plaintiffs’ motion for class certification is currently due on January 31, 2012; WHEREAS, the Protective Order provides a specific timeframe within which Apple is required to complete the meet-and-confer process regarding its confidentiality designations; WHEREAS, Apple seeks additional time to complete the meet-and-confer process 13 regarding these confidentiality challenges and seek to resolve these challenges before plaintiffs 14 file in the public record their motion for class certification and any supporting papers; 15 16 WHEREAS, Apple’s deadline to file a motion to uphold the confidentiality for the documents and testimony challenged by plaintiffs is currently December 9, 2011; 17 WHEREAS, in light of Apple’s request for additional time and the holidays and 18 scheduling issues, the parties agree that it is unlikely that any motion to uphold Apple’s 19 confidentiality designations will be decided before January 31, 2012; 20 WHEREAS, the parties agree to the following procedure to ensure sufficient time to 21 complete the meet-and-confer process and to brief any resulting motion to uphold confidentiality 22 designations, while also avoiding potentially unnecessary motions to seal in connection with 23 plaintiffs’ motion for class certification. 24 THEREFORE, the parties hereby stipulate and request that the Court enter an order that: 25 1. 26 27 28 The parties will continue the meet-and-confer efforts they have begun regarding Apple’s confidentiality designations. 2. On or before January 31, 2012, plaintiffs will serve, but not file, their motion for class certification and all supporting documents, as well as a list of documents, exhibits, and/or JOINT STIPULATION AND PROPOSED [ORDER] REGARDING CONFIDENTIALITY DESIGNATIONS CV 10-01610-RS sf-3078302 1 1 deposition testimony whose confidential status plaintiffs are challenging. Once plaintiffs have 2 provided this list to Apple, the parties will then meet and confer regarding plaintiffs’ challenges 3 and file any necessary briefs pursuant to the procedures set forth in the Protective Order. 4 3. After the Court has ruled on any confidentiality motions resulting from this 5 process, plaintiffs will file their class certification motion and any supporting papers in 6 accordance with those rulings. 7 4. The current deadlines imposed by the Protective Order related to the 8 confidentiality challenges raised by plaintiffs on November 11, 2011 are hereby continued, 9 subject to the procedure set forth above. 10 11 5. Nothing in this Joint Stipulation alters the briefing schedule for plaintiffs’ motion for class certification that is set forth in the Court’s October 12, 2011 Order. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND PROPOSED [ORDER] REGARDING CONFIDENTIALITY DESIGNATIONS CV 10-01610-RS sf-3078302 2 1 Dated: December 5, 2011 2 JEFFREY L. FAZIO DINA E. MICHELETTI FAZIO | MICHELETTI LLP 3 4 By: 5 Interim Co-Lead Class Counsel 6 7 /s/ Jeffrey L. Fazio Jeffrey L. Fazio Dated: December 5, 2011 8 STEVEN A. SCHWARTZ TIMOTHY N. MATHEWS CHIMICLES & TIKELLIS LLP 9 By: 10 11 12 13 14 /s/ Steven A. Schwartz Steven A. Schwartz Interim Co-Lead Class Counsel Dated: December 5, 2011 PENELOPE A. PREOVOLOS ANDREW DAVID MUHLBACH ALEXEI KLESTOFF SAMUEL J. BOONE LUNIER MORRISON & FOERSTER LLP 15 16 17 18 By: /s/ Andrew David Muhlbach Andrew David Muhlbach Attorneys for Defendant APPLE INC. 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND PROPOSED [ORDER] REGARDING CONFIDENTIALITY DESIGNATIONS CV 10-01610-RS sf-3078302 3 1 2 ATTESTATION OF FILER 3 I, Andrew D. Muhlbach, 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: December 5, 2011 6 7 By: /s/ Andrew D. Muhlbach Andrew D. Muhlbach MORRISON & FOERSTER LLP 8 9 10 11 12 13 PURSUANT TO STIPULATION, IT IS SO ORDERED. 14 15 Dated: _____________, 2011 16 17 ___________________________ The Honorable Richard Seeborg United States District Judge 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND PROPOSED [ORDER] REGARDING CONFIDENTIALITY DESIGNATIONS CV 10-01610-RS sf-3078302 4