Somers v. Apple, Inc.

Filing 61

ORDER SPECIALLY SETTING EVIDENTIARY HEARING AND HEARING ON PLAINTIFFS MOTION FOR CLASS CERTIFICATION. Evidentiary Hearing set for 6/5/2009 10:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 5/20/2009. (ecg, COURT STAFF) (Filed on 5/20/2009)

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1 2 3 4 5 6 7 8 9 10 Stacie Somers, v. Apple, Inc., Defendant. / Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 07-06507 JW ORDER SPECIALLY SETTING EVIDENTIARY HEARING AND HEARING ON PLAINTIFF'S MOTION FOR CLASS CERTIFICATION 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 Presently before the Court is Plaintiff's Motion for Class Certification. (Docket Item No. 39.) Oral argument on this motion is currently scheduled for June 1, 2009. Having reviewed the parties' filings in preparation for the June 1 hearing, the Court finds that the primary disputed issue is whether Plaintiff has proffered a method for class-wide proof of damages. Plaintiff has submitted an affidavit of her expert, Dr. Gary French, in which Dr. French purports to offer four possible methods of calculating class-wide indirect purchaser damages. (See Docket Item No. 45, Ex. 1.) The Court is unable to determine, based solely on Dr. French Affidavit and Defendant's critique of Dr. French's proposed methodologies, whether or not Dr. French has proffered a method that is capable of meeting Plaintiff's class certification burden under Rule 23. Accordingly, the Court continues the June 1 hearing to June 5, 2009 at 10 a.m. for an evidentiary hearing on the issue of Plaintiff's damages calculation methodology and oral argument on Plaintiff's Motion for Class Certification. The parties shall produce all appropriate witnesses for examination, including Dr. French. Dated: May 20, 2009 JAMES WARE United States District Judge 1 2 3 4 5 6 7 8 9 10 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Alreen Haeggquist alreenh@zhlaw.com Craig L. Briskin cbriskin@findjustice.com Elaine Wallace ewallace@jonesday.com Helen I. Zeldes helenz@zhlaw.com Michael Tedder Scott michaelscott@jonesday.com Robert Allan Mittelstaedt ramittelstaedt@jonesday.com Tracy Strong tstrong@jonesday.com Dated: May 20, 2009 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy 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