"The Apple iPod iTunes Anti-Trust Litigation"

Filing 252

STIPULATION and [Proposed] Order re Scheduling for Briefing and Hearing Pending Motions by Apple Inc.. (Mittelstaedt, Robert) (Filed on 9/14/2009)

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"The Apple iPod iTunes Anti-Trust Litigation" Doc. 252 Case5:05-cv-00037-JW Document252 Filed09/14/09 Page1 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP JOHN J. STOIA, JR. (141757) BONNY E. SWEENEY (176174) THOMAS R. MERRICK (177987) 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: 619/231-1058 619/231-7423 (fax) johns@csgrr.com bonnys@csgrr.com tmerrick@csgrr.com THE KATRIEL LAW FIRM ROY A. KATRIEL (pro hac vice) 1101 30th Street, N.W., Suite 500 Washington, DC 20007 Telephone: 202/625-4342 202/330-5593 (fax) rak@katriellaw.com Co-Lead Counsel for Plaintiffs [Additional counsel appear on signature page.] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION THE APPLE iPOD iTUNES ANTI-TRUST LITIGATION. Case No. C 05-00037 JW C 06-04457 JW STIPULATION AND [PROPOSED] ORDER RE SCHEDULE FOR BRIEFING AND HEARING PENDING MOTIONS Whereas three motions have been noticed for hearing on October 5, 2009 related to the Court's orders of July 17, 2009 (Doc. 228) and May 15, 2009 (Doc. 213), i.e., Apple's motion for reconsideration of the Rule 23(b)(2) class for injunctive relief (Doc. 245/250), plaintiffs' motion to modify their injunctive relief class definition to include iTS customers (Doc. 236), and Apple's motion for judgment on the pleadings re rule of reason tying claim (Doc. 229); SFI-618730v1 -1- STIP. RE SCHEDULE Case No. C-05-00037-JW Dockets.Justia.com Case5:05-cv-00037-JW Document252 Filed09/14/09 Page2 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Whereas, at the Court's request, the parties in this case and the coordinated indirect purchaser case, Somers v. Apple, Inc., Case No. C 07-6507 JW, have submitted additional briefing regarding the intersection of the claims in the direct and indirect purchaser actions, the scope of the injunctive relief classes, and the relationship between their injunctive relief theories and the asserted theories of liability; Whereas Apple has also noticed its motion to decertify the Rule 23(b)(3) class for damages (Doc. 240) for October 5, 2009; Whereas plaintiffs have requested a continuance of the briefing and hearing schedule for that motion so that they can depose Apple's expert and so that their expert, if appropriate, can prepare a report; Whereas plaintiffs' expert is unavailable this month and most of October and plaintiffs' lead counsel is scheduled to be on the East Coast for family and business reasons on October 4 and 6, 2009, and Apple is agreeable to modifying the briefing and hearing schedule; Whereas Plaintiffs have begun the process of meeting and conferring with Apple on the proposed content of and a plan for dissemination of class notice, if any; and Whereas the parties believes that it may be advantageous not to hear all of these motions at a single hearing and have been advised that the Court's next available hearing date after October 5 is November 9, 2009; IT IS HEREBY STIPULATED by the parties, subject to Court approval, as follows: 1. The hearing on Apple's motion for reconsideration of the Rule 23(b)(2) class and plaintiffs' motion to expand the class definition to include iTS purchasers, shall be continued from October 5 to November 9, 2009, at 9 a.m., with opposition briefs to be filed September 28 and replies to be filed by October 12, 2009. 2. The hearing on Apple's motion for judgment on the pleadings re the rule of reason tying claim shall also be continued from October 5 to November 9, 2009, at 9 a.m. Apple shall file its reply brief on September 21, 2009. 3. If the Court intends to hold a hearing on the additional issues as to which the Court requested additional briefing, including those raised in the indirect purchaser's brief filed SFI-618730v1 -1- STIP. RE SCHEDULE Case No. C-05-00037-JW Case5:05-cv-00037-JW Document252 Filed09/14/09 Page3 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Aug. 31, 2009 (Dkt. No. 83), the hearing shall be set for November 9, 2009, at 9 a.m. Any additional briefing shall be filed by September 28, 2009. 3. The hearing on Apple's motion to decertify the Rule 23(b)(3) class shall be continued from October 5 to December 21, 2009, at 9 a.m. Plaintiffs' opposition papers shall be filed November 9, 2009, with the understanding that they will depose Apple's expert prior thereto and that, if they file a supplemental expert report, they will make their expert available for deposition by Apple shortly thereafter. Apple's reply papers shall be filed by December 7, 2009. 4. To the extent the parties cannot resolve any issues regarding the content and method of dissemination of class notice, if any, plaintiffs' request to send class notice shall also be heard on December 21, 2009, at 9 a.m. Their moving papers shall be filed on October 26, 2009; Apple's response shall be filed on November 16, 2009; and any reply shall be filed by November 30, 2009. Dated: September 14, 2009 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP JOHN J. STOIA, JR. BONNY E. SWEENEY THOMAS R. MERRICK /s/ Bonny E. Sweeney__________________ BONNY E. SWEENEY 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: 619/231-1058 619/231-7423 (fax) THE KATRIEL LAW FIRM ROY A. KATRIEL 1101 30th Street, N.W., Suite 500 Washington, DC 20007 Telephone: 202/625-4342 202/330-5593 (fax) Co-Lead Counsel for Plaintiffs SFI-618730v1 -2- STIP. RE SCHEDULE Case No. C-05-00037-JW Case5:05-cv-00037-JW Document252 Filed09/14/09 Page4 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SFI-618730v1 BONNETT, FAIRBOURN, FRIEDMAN & BALINT, P.C. ANDREW S. FRIEDMAN FRANCIS J. BALINT, JR. ELAINE A. RYAN TODD D. CARPENTER 2901 N. Central Avenue, Suite 1000 Phoenix, AZ 85012 Telephone: 602/274-1100 602/274-1199 (fax) BRAUN LAW GROUP, P.C. MICHAEL D. BRAUN 12304 Santa Monica Blvd., Suite 109 Los Angeles, CA 90025 Telephone: 310/442-7755 310/442-7756 (fax) MURRAY, FRANK & SAILER LLP BRIAN P. MURRAY JACQUELINE SAILER 275 Madison Avenue, Suite 801 New York, NY 10016 Telephone: 212/682-1818 212/682-1892 (fax) GLANCY BINKOW & GOLDBERG LLP MICHAEL GOLDBERG 1801 Avenue of the Stars, Suite 311 Los Angeles, CA 90067 Telephone: 310/201-9150 310/201-9160 (fax) Additional Counsel for Plaintiffs -3- STIP. RE SCHEDULE Case No. C-05-00037-JW Case5:05-cv-00037-JW Document252 Filed09/14/09 Page5 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: September 14, 2009 JONES DAY /s/ Robert A. Mittelstaedt ROBERT A. MITTELSTAEDT 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: 415/626-3939 415/875-5700 (fax) Attorneys for Defendant, Apple, Inc. IT IS SO ORDERED. Dated: September ___, 2009 ______________________________ Hon. James Ware SFI-618730v1 -4- STIP. RE SCHEDULE Case No. C-05-00037-JW