Somers v. Apple, Inc.

Filing 35

STIPULATION AND ORDER AS MODIFIED BY THE COURT RE BRIEFING SCHEDULE ON CLASS CERTIFICATION re 34 Stipulation filed by Stacie Somers. The Court will hear the Motion for Class Certification in the related action C05-37 JW ("Direct Purcha sers Case") set for 12/15/08. Plaintiff in C07-6507 JW ("Indirect Purchasers Case") is required to file her Motion for Class Certification on or before 1/12/2009, Defendant to file Opposition on or before 3/9/2009, Plaintiff to file reply on or before 4/17/2009. Upon completion of the briefs, the moving party shall compile a three ring binder. Please see order for instructions to compile binders. Deadline to deliver binders on or before 4/24/2009 at 3:00 PM. Motion Hearing on Class Certification set for 5/4/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 11/17/2008. (ecg, COURT STAFF) (Filed on 11/17/2008) Modified on 12/2/2008 (cv, COURT STAFF).

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1 ZELDES & HAEGGQUIST, LLP HELEN I. ZELDES (220051) 2 ALREEN HAEGGQUIST (221858) 655 West Broadway, Suite 1410 3 San Diego, CA 92101 Telephone: 619/955-8218 4 Facsimile: 619/342-7878 helenz@zhlaw.com 5 alreenh@zhlaw.com UNIT ED S S DISTRICT TE C TA 6 MEHRI & SKALET, PLLC STEVEN A. SKALET ER 7 C CRAIG L. BRISKIN N F D IS T IC T O R 8 1250 Connecticut Ave. NW, Suite 300 Washington, DC 20036 9 Telephone: 202/822-5100 Facsimile: 202/822-4997 10 sskalet@findjustice.com cbriskin@findjustice.com 11 Attorneys for Plaintiffs 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 SAN JOSE DIVISION 15 16 STACIE SOMERS, On Behalf of Herself and All Others Similarly Situated, 17 Plaintiff, 18 vs. 19 20 21 22 23 24 25 26 27 28 APPLE, INC., a California Corporation, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C 07-6507 JW CLASS ACTION STIPULATION AND [PROPOSED] ORDER MODIFYING CLASS CERTIFICATION BRIEFING SCHEDULE STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING SCHEDULE FOR CLASS CERTIFICATION Somers v. Apple Computer, Inc., No. C 07-06507 JW A LI FO mes Wa Judge Ja re R NIA ERED O ORD D IT IS S DIFIE AS MO RT U O NO RT H 1 1. The Court will hear the Motion for Class Certification in the related action 2 The Apple iPod iTunes Anti-Trust Litigation, No. C-05-00037-JW ("Direct Purchasers 3 Case") on December 15, 2008. 4 2. Under the current pretrial schedule ordered by the Court on August 20, 5 2008, Plaintiff in Somers v. Apple, Inc., No. C-07-6507-JW ("Indirect Purchasers Case") is 6 required to file her Motion for Class Certification on or before December 1, 2008; 7 Defendant is required to file its opposition on or before February 12, 2009; and Plaintiff is 8 required to file her reply brief to Defendant's opposition on or before March 30, 2009; and 9 the Court shall hold a hearing on Plaintiff's Motion for Class Certification on April 20, 10 2009 at 9 a.m. 11 3. Because the current schedule requires Plaintiff in the Indirect Purchasers 12 Case to file her Motion for Class Certification before the Court will hear or rule on the 13 Direct Purchasers' class certification motion in the related case, the parties request an 14 additional extension in the class certification briefing and related hearing schedule in the 15 Indirect Purchasers Case.. 16 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and 17 among the parties, through their undersigned counsel, that good cause exists to modify the 18 class certification schedule as follows: 19 20 2009. 21 22 5. 6. 4. Plaintiff shall file her Motion for Class Certification on or before March 2, January 12, 2009. Mar 11, 2009. Defendant shall file its opposition on or before May ch 9, 2009. Plaintiff shall file her reply brief to Defendant's opposition on or before 23 June 30, 2009. April 17, 2009. 24 7. The Court shall hold a hearing on Plaintiff's Motion for Class Certification May 9:00 a.m., or a date 25 on July 20, 2009, at 4, 2009 at 9 a.m. convenient for the Court. 26 27 28 STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING SCHEDULE FOR CLASS CERTIFICATION Somers v. Apple Computer, Inc., No. C 07-06507 1 1 IT IS SO STIPULATED. 2 3 4 5 6 7 8 Dated: November 10, 2008 9 10 11 12 13 Dated: November 10, 2008 /s/ Alreen Haeggquist Alreen Haeggquist (221858) ZELDES & HAEGGQUIST, LLP 655 West Broadway, Suite 1410 San Diego, CA 92101 Telephone: 619/955-8218 Facsimile: 619/342-7878 alreenh@zhlaw.com Counsel for Plaintiff /s/ Tracy M. Strong Tracy Strong JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: (415): 626-3939 Facsimile: (415) 875-5700 Counsel for Apple Inc. *** ORDER AS MODIFIED ABOVE *** 14 SO ORDERED: In addition to the briefing schedule modified above, the Court orders as follows: 15 Upon completion of the briefs, the moving party shall compile a three ring binder 16 Dated ___________, 2008 _________________________________ 17 containing (1) the motion and any supporting memorandum of law; (2) the opposition Hon. James Ware United States District Court Judge 18 memorandum; (3) any reply memorandum; and (4) any exhibits in support or opposition to the 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING SCHEDULE FOR CLASS CERTIFICATION Somers v. Apple Computer, Inc., No. C 07-06507 motion, which shall be clearly labeled. Two copies of the binders, marked,"Chambers'Copies,"shall be delivered to the Court (by way of the Clerk's Office) on or before April 24, 2009 at 3 p.m. Dated: November 17, 2008 _____________________________ JAMES WARE United States District Judge 2