Holman et al v. Apple, Inc. et al

Filing 49

MOTION to Vacate Plaintiffs' Unopposed Motion to Vacate the Date for Filing A Consolidated Amended Complaint filed by Paul Holman. (Hoffman, H.) (Filed on 1/18/2008)

Holman et al v. Apple, Inc. et al Doc. 49 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 Max Folkenflik, Esq. FOLKENFLIK & McGERITY 1500 Broadway, 21st Floor New York, NY 10036 Telephone: (212) 757-0400 Facsimile: (212) 757-2010 H. Tim Hoffman, Esq. Arthur W. Lazear, Esq. HOFFMAN & LAZEAR 180 Grand Avenue, Suite #1550 Oakland, CA 94612 Telephone: (510) 763-5700 Facsimile:(510) 835-1311 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) ) ) ) ) ) Case No: C 07-05152-JW PLAINTIFFS' UNOPPOSED MOTION TO VACATE THE DATE FOR FILING A CONSOLIDATED AMENDED COMPLAINT IN RE APPLE & AT&TM ANTITRUST LITIGATION. Pursuant to Civil Local Rule 7-11, all Plaintiffs, by their counsel, hereby move the Court to vacate the date for the service of a Consolidated Amended Complaint presently set for today, January 18, 2008. I. Until the Court Resolves Issues Concerning the Proper Lead Counsel in this Case, a Consolidated Amended Complaint Cannot Be Filed By Order dated November 30, 2007 (the "November 30th Order"), this Court consolidated the actions Paul Holman and Lucy Rivello, et al. v. Apple, Inc., AT&T Mobility LLC, et al. (No. 07-CV-05152-JW) and Timothy Smith, et al. v. Apple, Inc. et al. (No. 07-CV-05662-RMW), and directed the case to proceed as In Re Apple & AT&TM Antitrust Litigation (No. 07-05152-JW). The November 30th Order appointed the counsel in Smith and Holman as Co-Lead Counsel and directed the filing of a Consolidated Amended Complaint. 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 Dated: Recently, certain counsel in Smith have withdrawn and the remaining counsel have determined that they should not appear as co-lead counsel with counsel in Holman, and intend to file a motion to disqualify counsel in Holman from serving as co-lead counsel in this case. Counsel in Holman will oppose that motion. Because of these developments, counsel have not been able to organize a leadership structure and agree upon the terms of a Consolidated Amended Complaint, Accordingly, counsel for all Plaintiffs request that the date for the filing of a Consolidated Amended Complaint be vacated and shall be reset at the Initial Case Management Conference on January 28, 2008. Counsel for Defendants do not oppose this motion. II. Conclusion Plaintiffs respectfully request that this Court grant their unopposed Motion. New York, New York January 18, 2008 AGREED TO: FOLKENFLIK & MCGERITY By: /s/ Max Folkenflik Max Folkenflik Esq. 1500 Broadway, 21st Floor New York, New York 10036 Attorneys for Plaintiffs Holman, Rivello, et al. HOFFMAN & LAZEAR By: /s/ H. Tim Hoffman H. Tim Hoffman, Esq. Arthur W. Lazear, Esq. 180 Grand Avenue, Suite #1550 Oakland, CA 94612 Attorneys for Plaintiffs Holman, Rivello, et al. LAW OFFICE OF DAMIAN R. FERNANDEZ By: /s/ Damian R. Fernandez Damian R. Fernandez, Esq. 14510 Big Basin Way, Suite A, PMB 285 Saratoga, CA 95070-6091 Attorneys for Timothy Smith, et al. C:\Documents and Settings\Shola Ogunlana\Local Settings\Temporary Internet Files\OLK22C\Motion to Vacate - V3-011808.wpd 2