"The Apple iPod iTunes Anti-Trust Litigation"

Filing 392

STIPULATION AND PROPOSED ORDER RE SCHEDULING DIRECT PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AS MODIFIED BY THE COURT. (1) Opening Briefs for both Motions shall be filed on or before January 17, 2011; (2) Opposition Briefs for both Motions shall be filed on or before February 28, 2011;(3) Reply Briefs for both Motions shall be filed on or before March 28, 2011; (4) The Court will conduct a hearing on both Motions on April 18, 2011 at 9 a.m. In light of the liberal schedule set forth above, providing the parties with ample time between now and the due date for the Opening Briefs for both Motions, the parties may not Stipulate to a different briefing schedule. Signed by Judge James Ware on 10/28/2010. (ecg, COURT STAFF) (Filed on 10/28/2010)

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"The Apple iPod iTunes Anti-Trust Litigation" Doc. 392 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 Attorneys for Defendant APPLE INC. ER N F D IS T IC T O R 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; MODIFIED by the Court follows: IT IS HEREBY STIPULATED,, subject to Court approval as as follows: //// Stipulated Scheduling Order C-05-0037-JW (HRL); C-06-04457 JW (HRL) Dockets.Justia.com A C LI 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 UNIT ED S S DISTRICT TE C TA FO m Judge Ja es Ware R NIA D RDERE IS SO O FIED IT DI AS MO RT U O NO RT H 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 In light of the age of this case, the Court does not find good cause to extend further Motion Briefing and hearing on Defendant's Renewed Motion for Summary Judgment practice1. August of 2011, thus, theMotionsets the following briefing and hearing schedule for into Defendant's Renewed Court for Summary Judgment is due on January 17, 2011. 2. Direct Purchaser Action Plaintiffs' Opposition is due on February 28, 2011.1 both Defendant's Renewed Motion for Summary Judgment and Plaintiffs' Renewed Motion for 3. Defendant's Reply is due on March 28, 2011. Class Certification: 4. The hearing on Defendants' Renewed Motion for Summary Judgment shall be on (1) Opening Briefs for both Motions shall be filed on or before January 17, 2011; April 11, 2011, at 9:00 a.m., or a date convenient for the Court. (2) Opposition Briefs for both Motions shall be filed on or before February 28, 2011; Plaintiffs' Renewed Motion for Class Certification (3) Reply Briefs for both MotionsPlaintiffs' Renewed before March 28,Certification is due 1. Direct Purchaser Action shall be filed on or Motion for Class 2011; on June 6,The Court will conduct a hearing on both Motions on April 18, 2011 at 9 a.m. (4) 2011. 2. Defendant's Opposition to Class Certification is due on July 18, 2011. In light of the liberal schedule set forth above, providing the parties with ample time 3. Direct Purchaser Action Plaintiffs' Reply in Support of Class Certification is due between now and the due date for the Opening Briefs for both Motions, the parties may not on August 15, 2011. Stipulate to a different briefing schedule. 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 28, 2010 __________________________ Dated: October 22, 2010 Robbins, JAMES WARE Geller, Rudman & Dowd LLP United States District Judge 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