"The Apple iPod iTunes Anti-Trust Litigation"

Filing 654

ORDER by Judge James Ware granting 652 Motion for Extension of Time to File (jwlc2, COURT STAFF) (Filed on 6/29/2011)

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 SAN FRANCISCO DIVISION 9 The Apple iPod iTunes Antitrust Litigation NO. C 05-00037 JW ORDER GRANTING MOTION TO EXTEND TIME 11 / For the Northern District of California United States District Court 10 12 13 Presently before the Court is Plaintiffs’ Motion to Extend Time.1 On June 27, 2011, the 14 Court ordered Plaintiffs to file a Supplemental Declaration by their expert, Roger G. Noll, on or 15 before July 5, 2011, and ordered Defendant to file its Response to the Supplemental Declaration, if 16 any, on or before July 8, 2011. (See Docket Item No. 650.) In addition, the Court ordered the 17 parties to meet and confer and suggest to the Court a suitable schedule for the parties to submit 18 Supplemental Expert Reports, and ordered that the parties submit a Stipulation on that schedule on 19 or before July 8, 2011. (Id. at 1 n.1.) 20 In their Motion, Plaintiffs move that the Court modify its June 27 Order and extend by one 21 week the deadlines for the filing of their Supplemental Declaration and Defendant’s Response. 22 (Motion at 1.) Plaintiffs further move the Court to extend time for the parties to file a Stipulation 23 regarding the submission of Supplemental Expert Reports until July 15, 2011. (Id.) To date, 24 Defendant has not filed an Opposition to Plaintiffs’ Motion to Extend Time.2 However, because any 25 1 26 27 28 (Plaintiffs’ Motion to Extend Time to File Supplemental Declaration and Submit Proposed Schedule for Supplemental Expert Reports, hereafter, “Motion,” Docket Item No. 652.) 2 However, Plaintiffs contend that Defendant “does not oppose” extending the deadlines for the Supplemental Declaration and Response, but Defendant “does not agree” to extending time for the parties to file a Stipulation as to the submission of Supplemental Expert Reports. (Motion at 1.) 1 modification would not prejudice Defendant, the Court finds that it can address this administrative 2 Motion without a formal Opposition from Defendant. 3 The Civil Local Rules provide: “After receiving a motion to enlarge or shorten time and any 4 opposition, the Judge may grant, deny, modify the requested time change or schedule the matter for 5 additional briefing or a hearing.” See Civ. L.R. 6-3(d). 6 7 8 Upon review, the Court finds good cause to GRANT Plaintiffs’ Motion to Extend Time and ORDERS as follows: (1) 9 their expert, Roger G. Noll, as set forth in the Court’s June 27 Order. (2) 11 For the Northern District of California United States District Court 10 12 13 On or before July 18, 2011, Plaintiffs shall file the Supplemental Declaration from On or before July 22, 2011, Defendant shall file its Response to the Supplemental Declaration, if any. (3) On or before July 22, 2011, the parties shall file their Stipulation on a schedule for submitting Supplemental Expert Reports, as set forth in the Court’s June 27 Order. 14 15 16 Dated: June 29, 2011 17 JAMES WARE United States District Chief Judge 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 29, 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