Meguerian v. Apple, Inc

Filing 31

REVISED STIPULATION AND ORDER RE CONSOLIDATION OF CASES re 23 . Signed by Judge Jeremy Fogel on 6/8/11. (dlm, COURT STAFF) (Filed on 6/17/2011)

1 4 Michael J. Boni (Admitted 09/11/92) mboni@bonizack.com BONI & ZACK LLC 15 St. Asaphs Road Bala Cynwyd, PA 19004 Telephone: (610) 822-0200 Facsimile: (610) 822-0206 5 Proposed Interim Co-Lead Class Counsel 6 10 Christopher T. Heffelfinger (SBN 118058) cheffelfinger@bermandevalerio.com Anthony D. Phillips (SBN 259688) aphillips@bermandevalerio.com BERMAN DEVALERIO One California Street, Suite 900 San Francisco, CA 94111 Telephone: (415) 433-3200 Facsimile: (415) 433-6282 11 Proposed Liaison Counsel for Plaintiffs 12 Other Counsel Appear On Signature Page 2 3 7 8 9 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 14 15 16 Garen Meguerian, individually and on behalf of all others similarly situated, 17 18 19 20 Plaintiff, 23 Apple Inc., Defendant. Lauren Scott, Kathleen Koffman and Heather Silversmith, individually and on behalf of all others similarly situated, 24 25 26 27 28 REVISED STIPULATION AND -----------------[PROPOSED] ORDER RE CONSOLIDATION OF CASES v. 21 22 Case No. 11-cv-1758-JF Case No. 11-cv-1989-JF Plaintiffs, v. Apple Inc., Defendant. [11-cv-1758-JF] REVISED STIPULATION AND [PROPOSED] ORDER RE CONSOLIDATION OF CASES 1 Twilah Monroe, individually and on behalf of all others similarly situated, 2 Case No. 11-cv-2394-PSG Plaintiff, 3 4 5 v. Apple Inc., Defendant. 6 7 8 9 WHEREAS, Plaintiffs in the above-captioned actions (“Actions”), on behalf of themselves and all others similarly situated, all assert claims against Defendant Apple Inc. 10 (“Defendant” or “Apple”) for its alleged deceptive acts and practices in connection with its sale 11 to minors of “in-app” content; and 12 13 WHEREAS, in an effort to effectively manage this litigation and proceed in an efficient manner, IT IS HEREBY STIPULATED THAT: 14 I. CONSOLIDATION OF RELATED ACTIONS 15 1. The above actions are hereby deemed related and consolidated for discovery and 16 17 pre-trial proceedings before this Court. 2. The clerk shall establish and maintain a Master Docket and Master File for this 18 proceeding under the caption “In re Apple In-App Purchase Litigation,” Master File No. 11-cv- 19 1758 JF. All orders, pleadings, motions and other documents should, when filed and docketed 20 in the Master File, be deemed filed and docketed in each individual case. 21 3. The parties will meet and confer if any additional action is filed in, removed to, 22 or transferred to this Court to determine whether the new action involves the same or 23 substantially similar issues of law and fact and whether consolidation would be appropriate. If 24 the parties agree that the new action is appropriately consolidated with the Actions, the parties 25 will follow the procedures below: 26 a. The parties will jointly file a request to consolidate the matter with this 27 Court and counsel for Plaintiffs in the Consolidated Action shall serve notice on counsel in the 28 action counsel are seeking be consolidated; [11-cv-1758-JF] REVISED STIPULATION AND [PROPOSED] ORDER RE CONSOLIDATION OF CASES 1 1 b. The parties will jointly request that the Clerk of the Court: 2 i. place a copy of this Order in the separate file for such action; 3 ii. provide a copy of this Order to counsel for the plaintiff(s) in the 4 newly filed or transferred action and to any defendant(s) in the newly filed or transferred action; 5 and 6 7 8 iii. make an appropriate entry on the Master Docket for the Consolidated Action. 4. If the parties in the Actions do not agree that the new action should be 9 consolidated with the Actions, the party seeking consolidation may, within ten (10) days after 10 meeting and conferring with the party opposing consolidation, file a motion for consolidation. 11 II. FILING AND DOCKETING PROCEDURES 12 1. Every pleading hereafter filed in this Consolidation Action shall bear the 13 following caption: 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 15 16 17 IN RE APPLE IN-APP PURCHASE LITIGATION Master File No. 11-cv-1758 JF 18 19 20 21 This Document Relates To: All Actions. 2. When a pleading or paper is intended to be applicable to all actions to which this 22 Order is applicable, the words “All Actions” shall appear immediately after the words “This 23 Document Relates To:” in the caption set out above. When a pleading or paper is intended to be 24 applicable to only some, but not all of such actions, this Court’s docket number for each action 25 to which the pleading or paper is intended to be applicable and the last name of the first named 26 plaintiff(s) in that action shall appear immediately after the words “This Document Relates To:” 27 in the caption described above, i.e., “Civil Action No. _____ [Name of plaintiff(s)].” 28 [11-cv-1758-JF] REVISED STIPULATION AND [PROPOSED] ORDER RE CONSOLIDATION OF CASES 2 1 3. When a pleading or paper is filed and the caption, pursuant to ¶ 2, shows that it is 2 to be applicable to “All Actions,” the Clerk shall file such pleading or paper in the Master File 3 and note such filing in the Master Docket. No further copies need be filed or other docket 4 entries made. 5 4. When a pleading or paper is filed and the caption, pursuant to ¶ 2, shows that it is 6 applicable to fewer than all of the Actions, the Clerk shall file such pleading or other paper only 7 in the Master File but nonetheless shall note such filing in both the Master Docket and in the 8 docket of each such action. 9 III. FILING OF CONSOLIDATED AMENDED COMPLAINT AND RESPONSE THERETO 1. Plaintiffs shall file a Consolidated Amended Complaint on or before June 17, 2. Defendant need not answer or otherwise respond to any of the complaints in the 10 11 12 13 14 15 16 17 2011. three separate actions captioned above. 3. Defendant shall file an answer or otherwise respond to the Consolidated Amended Complaint on or before August 5, 2011. 4. If Defendant files a motion to dismiss the Consolidated Amended Complaint, 18 Plaintiffs shall file a response to the motion on or before September 2, 2011, and Defendant 19 shall file its reply brief on or before September 21, 2011. 20 IT IS SO STIPULATED. 21 Dated: June 9, 2011 22 23 By: /s/ Christopher T. Heffelfinger Christopher T. Heffelfinger 26 Anthony D. Phillips BERMAN DEVALERIO One California Street, Suite 900 San Francisco, CA 94111 (415) 433-3200 27 Proposed Interim Liaison Counsel for Plaintiffs 24 25 28 [11-cv-1758-JF] REVISED STIPULATION AND [PROPOSED] ORDER RE CONSOLIDATION OF CASES 3 1 2 3 4 5 6 7 8 9 Michael J. Boni Joshua D. Snyder BONI & ZACK LLC 15 St. Asaphs Road Bala Cynwyd, PA 19004 (610) 822-0200 Simon Bahne Paris Patrick Howard SALTZ, MONGELUZZI, BARRETT & BENDESKY, P.C. One Liberty Place, 52nd Floor 1650 Market Street Philadelphia, PA 19103 (215) 575-3986 10 Proposed Interim Co-Lead Counsel for Plaintiffs 11 Jonathan Shub SEEGER WEISS, LLP 1515 Market Street Philadelphia, PA 19102 (215) 564-2300 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Benjamin G. Edelman LAW OFFICES OF BENJAMIN EDELMAN 27A Linnaean Street Cambridge, MA 02138 (617) 359-3360 Roberta D. Liebenberg Jeffrey S. Istvan Gerard A. Dever FINE, KAPLAN AND BLACK, R.P.C. 1835 Market Street, 28th Floor Philadelphia, PA 19103 (215) 567-6565 Shanon J. Carson Sarah R. Schalman-Bergen BERGER & MONTAGUE, P.C. 1622 Locust St. Philadelphia, PA 19103 (215) 875-3000 Attorneys for Plaintiffs 28 [11-cv-1758-JF] REVISED STIPULATION AND [PROPOSED] ORDER RE CONSOLIDATION OF CASES 4 1 Dated: June 9, 2011 By: 2 /s/ Stuart C. Plunkett Stuart C. Plunkett 5 Stuart C. Plunkett MORRISON & FOERSTER LLP 425 Market Street San Francisco, CA 94105 (415) 268-7000 6 Attorneys for Defendant 3 4 7 8 E-Filing Attestation 9 I, Christopher T. Heffelfinger, am the ECF User whose ID and password are being used 10 to file this document. In compliance with General Order 45 X.B., I hereby attest that Stuart C. 11 Plunkett has concurred in this filing. 12 13 14 15 16 17 IT IS SO ORDERED. 6/15/11 Dated: _________________ By: Honorable Jeremy Fogel, USDJ 18 19 20 21 22 23 24 25 26 27 28 [11-cv-1758-JF] REVISED STIPULATION AND [PROPOSED] ORDER RE CONSOLIDATION OF CASES 5