Holman et al v. Apple, Inc. et al

Filing 66

ORDER CONTINUING HEARING ON MOTIONS TO DISQUALIFY COUNSEL AND APPOINT LEAD COUNSEL by Judge James Ware finding as moot 58 Motion for Extension of Time to File (jwlc1, COURT STAFF) (Filed on 2/15/2008)

Holman et al v. Apple, Inc. et al Doc. 66 1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 07-05152 JW In Re Apple & AT&TM Antitrust Litigation ORDER CONTINUING HEARING ON MOTIONS TO DISQUALIFY COUNSEL AND APPOINT LEAD COUNSEL United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 / On February 7, 2008, the Court received a letter from Mark C. Rifkin, counsel for plaintiffs in a parallel New York action, Kliegerman v. Apple, Inc. S.D.N.Y No. 1:07-cv-08404-PKC. (See Docket Item No. 59.) Counsel seeks permission to file a proposed interim lead counsel motion in anticipation that the Kliegerman action will be transferred to this Court. Counsel represents that the transfer is imminent because the Kliegerman plaintiffs have consented to Defendant Apple's motion to transfer. In light of this representation, and the Court's desire to mainstream this process, the Court continues the hearing on the motions re: disqualification and appointment of lead counsel currently set for March 10, 2007 to April 7, 2008 at 9 A.M. This continuance anticipates that the New York action will be transferred and related to this action by early March. Accordingly, the Court sets the briefing schedule as follows: (1) All Motions to disqualify and appoint lead counsel shall be filed and served by March 3, 2007. Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 (2) (3) All Oppositions shall be filed and served by March 17, 2008. All Replies, if any, shall be filed and served by March 24, 2008. The parties may not stipulate to an alternative briefing schedule. In light of this Order, Plaintiff Smith's Motion to Enlarge Time to File Motion (docket item no. 59) is denied as moot. Dated: February 15, 2008 JAMES WARE United States District Judge United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 5 6 7 8 9 10 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Adrian Frank Davis adrian.davis@lw.com Alfred Carroll Pfeiffer Al.Pfeiffer@lw.com Archis Ashok Parasharami aparasharami@mayerbrown.com Arthur William Lazear awl@hoffmanandlazear.com Christopher E Ondeck condeck@crowell.com Christopher S. Yates chris.yates@lw.com Damian Rene Fernandez damianfernandez@gmail.com Daniel Allen Sasse dsasse@crowell.com Daniel Murray Wall dan.wall@lw.com David Eldon Crowe dcrowe@crowell.com Donald M. Falk dfalk@mayerbrown.com Giuseppe Joseph Antonelli jantonelli@antonellilaw.com Giuseppe Joseph Antonelli jantonelli@antonellilaw.com Gregg Lander Lander@kbarnes.com H. Tim Hoffman hth@hoffmanandlazear.com Janelle Christine Carney jcarney@antonellilaw.com Jeffrey H. Howard jhoward@crowell.com Kevin Todd Barnes Barnes@kbarnes.com M. Van Smith mvsmith@sbcglobal.net Max Folkenflik max@fmlaw.net Morgan Matthew Mack mmm@hoffmanandlazear.com Wm. Randolph Smith wrsmith@crowell.com Mark C. Rifkin, rifkin@whath.com United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: February 15, 2008 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy