"The Apple iPod iTunes Anti-Trust Litigation"

Filing 639

ORDER requiring further supplemental briefing. Signed by Judge James Ware on June 22, 2011. (jwlc2, COURT STAFF) (Filed on 6/22/2011)

1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION NO. C 05-00037 JW The Apple iPod iTunes Antitrust Litigation 11 For the Northern District of California United States District Court 10 ORDER REQUIRING FURTHER SUPPLEMENTAL BRIEFING 12 13 / 14 15 A hearing on Plaintiffs’ Motion for Class Certification in this case is scheduled for June 27, 16 2011. On May 19, 2011, the Court denied Plaintiffs’ Motion for Class Certification as premature.1 17 The Court explained that it lacked information necessary to certify the class, and accordingly, the 18 Court ordered further briefing to address the issues of how the class should be defined and the length 19 of the class period. (Id. at 14-15.) On June 6, 2011, the parties filed supplemental briefs to address 20 those issues.2 However, in their supplemental briefs, neither party provided a sufficient definition of 21 22 23 24 25 26 27 28 1 (Order Granting in part and Denying in part Defendant’s Motion for Summary Judgment; Denying as Premature Plaintiffs’ Motion for Class Certification, hereafter, “May 19 Order,” Docket Item No. 627.) 2 (See Supplemental Brief in Support of Plaintiffs’ Renewed Motion for Class Certification and Response to Court’s May 19, 2011 Order, hereafter, “Plaintiffs’ Brief,” Docket Item No. 629; Apple’s Supplemental Brief Re Class Certification, hereafter, “Defendant’s Brief,” Docket Item No. 633.) In addition, on June 22, 2011, Defendant filed a Request for Leave and Supplemental Brief Re Wal-Mart Stores Inc. v. Dukes, contending that the Supreme Court’s June 20, 2011 decision in Dukes has a significant effect on Plaintiffs’ Motion for Class Certification. (See Docket Item No. 638.) 1 the class. Thus, the Court finds that it would benefit from further supplemental briefing on these 2 issues as well as new issues that would potentially impact the class that the Court has identified. 3 Accordingly, on or before June 23, 2011, the parties shall file simultaneous supplemental 4 briefs addressing: (1) the specific definition of the products at issue in the class period, namely 5 whether the class consists of purchasers of all iPod products (e.g., iPod Shuffle, iPod Nano, etc.); (2) 6 the geographic scope of the class; and (3) the effect of the Supreme Court’s decision in Dukes on 7 Plaintiffs’ Motion for Class Certification. 8 The hearing on the Motion for Class Certification remains set for June 27, 2011 at 9 a.m. 9 11 For the Northern District of California United States District Court 10 Dated: June 22, 2011 12 JAMES WARE United States District Chief Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: 2 Alexandra Senya Bernay xanb@rgrdlaw.com Alreen Haeggquist alreenh@zhlaw.com Andrew S. Friedman afriedman@bffb.com Bonny E. Sweeney bonnys@rgrdlaw.com Brian P Murray bmurray@murrayfrank.com Carmen Anthony Medici cmedici@rgrdlaw.com Caroline Nason Mitchell cnmitchell@jonesday.com Craig Ellsworth Stewart cestewart@jonesday.com David Craig Kiernan dkiernan@jonesday.com Elaine A. Ryan eryan@bffb.com Francis Joseph Balint fbalint@bffb.com George A. Riley griley@omm.com Helen I. Zeldes helenz@zhlaw.com Jacqueline Sailer jsailer@murrayfrank.com John J. Stoia jstoia@rgrdlaw.com Michael D Braun service@braunlawgroup.com Michael D. Braun service@braunlawgroup.com Michael Tedder Scott michaelscott@jonesday.com Robert Allan Mittelstaedt ramittelstaedt@jonesday.com Roy Arie Katriel rak@katriellaw.com Thomas J. Kennedy tkennedy@murrayfrank.com Thomas Robert Merrick tmerrick@rgrdlaw.com Todd David Carpenter tcarpenter@bffb.com 3 4 5 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 Dated: June 22, 2011 Richard W. Wieking, Clerk 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: /s/ JW Chambers Susan Imbriani Courtroom Deputy