Somers v. Apple, Inc.

Filing 87

ORDER CONTINUING HEARING ON MOTIONS; SETTING DEADLINE FOR COMPLETION OF ALL BRIEFING. The Court finds good cause to continue the hearing on all Motions, including those in the Direct and Indirect purchasers cases, currently set for November 9, 2009 t o November 23, 2009 at 9 a.m. Briefing on these Motions (Docket Item Nos. 236, 240, 244, 250 in 5:05-00037-JW,"The Apple iPod iTunes Anti-Trust Litigation"), shall be completed on or before November 9, 2009. The parties shall meet and confe r and Stipulate to a schedule that is consistent with the dates provided by the Court. The Stipulation shall be filed on or before October 9, 2009 for the Court's approval. To the extent the parties cannot agree on a schedule, the Court will set a schedule that is consistent with the Civil Local Rules of the Court. On or before November 13, 2009, the moving party shall deliver to Chambers, by the way of the Clerk's office, a three ring binder with the completed briefing and supporting declarations. Signed by Judge James Ware on 10/5/2009. (ecg, COURT STAFF) (Filed on 10/5/2009)

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 Attorneys for Defendant APPLE INC. N F D IS T IC T O R UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION THE APPLE iPOD iTUNES ANTITRUST LITIGATION Case No. C 05-00037 JW C 07-06507 JW 06-04457 ORDER CONTINUING HEARING ON [PROPOSED] ORDER GRANTING MOTIONS; SETTING DEADLINE FOR APPLE'S ADMINISTRATIVE MOTION TO COMPLETION OF ALL BRIEFING SET BRIEFING SCHEDULE Having considered Court is Defendant's Motion for Briefing Briefing re: Motion to Presently before theApple Inc.'s Administrative Motion to Set Schedule Schedule and the Decertify. (Docket Item No. 259.) Upon review of the parties' papers, the Court finds good declaration of Robert Mittelsteadt in support including those in the Direct and Indirect IT IS cause to continue the hearing on all Motions, thereof, and good cause appearing therein,purchasers cases, currently set for November 9, 2009 to November 23, 2009 at 9Set Briefing Schedule is HEREBY ORDERED THAT Apple Inc.'s Administrative Motion to a.m. Briefing on these Motions (Docket Item Nos. 236, 240, 244, 250), shall be completed on or before November 9, GRANTED. Plaintiffs meet and confer and Stipulate to a schedule that is Decertification of 2009. The parties shall shall file their opposition to defendant's Motion forconsistent with the dates provided by the Court. The Stipulation shall be filed on or before October 9, 2009 for the Rule 23(b)(3) Class by October 5, parties cannot agree make available any expert on whom Court's approval. To the extent the2009. Plaintiffs shall on a schedule, the Court will set a schedule that is consistent with the Civil Localdeposition noCourt. plaintiffs rely in their opposition available for Rules of the later than October 12, 2009. Apple On or before November 13, 2009, the moving party shall deliver to Chambers, by the way shall Clerk's office, October 19, 2009. of thefile its reply by a three ring binder with the completed briefing and supporting declarations. IT IS SO ORDERED. Dated: ______________, 2009 Dated: October 5, 2009 ___________________________ JAMES WAREJames Ware United States District Court District Court Judge United States [PROPOSED] ORDER GRANTING APPLE'S ADM. MTN. TO SET BRIEFING SCHEDULE C 05 00037 JW, C 06-04457 JW SFI-619253v1 A Robert A. Mittelstaedt #060359 Craig E. Stewart #129530 Michael Scott #255282 JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: (415) 626-3939 Facsimile: (415) 875-5700 ramittelstaedt@jonesday.com cestewart@jonesday.com michaelscott@jonesday.com UNIT ED S S DISTRICT TE C TA ER C LI FO mes Wa Judge Ja re R NIA O OR IT IS S DERED RT U O NO RT H