"The Apple iPod iTunes Anti-Trust Litigation"

Filing 391

Stipulation and Proposed Order Re: 384 Scheduling Direct Plaintiffs Motion for Class Certification and Defendant's Motion for Summary Judgment by Apple Inc.. (Kiernan, David) (Filed on 10/22/2010) Modified on 10/25/2010 (cv, COURT STAFF).

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"The Apple iPod iTunes Anti-Trust Litigation" Doc. 391 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 Robert A. Mittelstaedt (State Bar No. 60359) ramittelstaedt@jonesday.com Craig E. Stewart (State Bar No. 129530) cestewart@jonesday.com David C. Kiernan (State Bar No. 215335) dkiernan@jonesday.com Michael T. Scott (State Bar No. 255282) michaelscott@jonesday.com JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: (415) 626-3939 Facsimile: (415) 875-5700 Attorneys for Defendant APPLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION THE APPLE iPOD iTUNES ANTI-TRUST LITIGATION This Document Relates To All Matters Case No. C-05-00037-JW (HRL) C-06-04457 JW (HRL) STIPULATION AND PROPOSED ORDER RE SCHEDULING DIRECT PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND DEFENDANT'S MOTION FOR SUMMARY JUDGMENT WHEREAS, on July 22, 2010, the Court set the date for the completion of briefing on Defendant's renewed Rule 56 motion and Direct Purchaser Plaintiffs' renewed motion for class certification for November 22, 2010; and set the date for the completion of fact discovery for December 20, 2010; WHEREAS, the parties have conferred on a briefing and hearing schedule for their respective motions so the motions may be filed after the close of fact discovery in the most efficient manner; IT IS HEREBY STIPULATED, subject to Court approval as follows: //// Stipulated Scheduling Order C-05-0037-JW (HRL); C-06-04457 JW (HRL) Dockets.Justia.com 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 Briefing and hearing on Defendant's Renewed Motion for Summary Judgment 1. 2. 3. 4. Defendant's Renewed Motion for Summary Judgment is due on January 17, 2011. Direct Purchaser Action Plaintiffs' Opposition is due on February 28, 2011.1 Defendant's Reply is due on March 28, 2011. The hearing on Defendants' Renewed Motion for Summary Judgment shall be on April 11, 2011, at 9:00 a.m., or a date convenient for the Court. Plaintiffs' Renewed Motion for Class Certification 1. Direct Purchaser Action Plaintiffs' Renewed Motion for Class Certification is due on June 6, 2011. 2. 3. Defendant's Opposition to Class Certification is due on July 18, 2011. Direct Purchaser Action Plaintiffs' Reply in Support of Class Certification is due on August 15, 2011. 4. The hearing on Plaintiffs' Renewed Motion for Class Certification shall be on August 29, 2011, at 9:00 a.m., or a date convenient for the Court. Dated: October 22, 2010 Robbins, Geller, Rudman & Dowd LLP By: /s/ Bonny E. Sweeney Counsel for Direct Purchaser Plaintiff Dated: October 22, 2010 Jones Day By: /s/ Robert A. Mittelstaedt Counsel for Defendant Apple Inc. Dated: _________________________ IT IS SO ORDERED. Plaintiffs respectfully reserve their right to request additional time should Apple attempt to interject new issues into its Renewed Motion for Summary Judgment. -2Stipulated Scheduling Order C-05-0037-JW (HRL); C-06-04457 JW (HRL) 1