"The Apple iPod iTunes Anti-Trust Litigation"

Filing 713

ORDER following case management conference; referring case to Magistrate Judge Spero. Signed by Judge James Ware on May 2, 2012. (jwlc2, COURT STAFF) (Filed on 5/2/2012)

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 SAN FRANCISCO DIVISION 9 NO. C 05-00037 JW The Apple iPod iTunes Antitrust Litigation ORDER FOLLOWING CASE MANAGEMENT CONFERENCE; ORDER REFERRING THIS CASE TO MAGISTRATE JUDGE SPERO 11 For the Northern District of California United States District Court 10 12 / 13 14 On May 2, 2012, the Court held a Case Management Conference in the above-captioned 15 matter. Counsel for both parties were present. Pursuant to the discussion at the Conference, the 16 Court ORDERS as follows: 17 (1) 18 19 All disputes that may arise between now and August 31, 2012 are REFERRED to Magistrate Judge Spero for report and recommendation. (2) The Court clarifies its April 23, 2012 Scheduling Order1 as follows: 20 The Court finds that nothing in the Federal Rules of Civil Procedure or the Civil 21 Local Rules would prevent Defendant from filing a motion for summary judgment 22 addressing issues which have not yet been raised before the Court.2 At both the May 23 2 Conference and the April 23 Status Conference, the parties acknowledged that there 24 is an outstanding expert report that has not yet been served by Plaintiffs. In light of 25 26 1 27 2 28 (Docket Item No. 708.) See, e.g., Fed. R. Civ. P. 56(b) (stating that “[u]nless a different time is set by local rule or the court orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the close of all discovery”). 1 this, the Court finds no reason to deny Defendant the ability to challenge that expert 2 report once it becomes available, and to file any appropriate motion for summary 3 judgment resulting from disclosures made in that expert report. Accordingly, on or 4 before May 20, 2012, the parties shall meet and confer and stipulate to a suitable 5 schedule with respect to any further dispositive motions that any party may seek to 6 file. 7 8 Dated: May 2, 2012 9 JAMES WARE United States District Chief Judge 11 For the Northern District of California United States District Court 10 12 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: May 2, 2012 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