Meguerian v. Apple, Inc

Filing 33

SECOND REVISED STIPULATION AND ORDER RE CONSOLIDATION OF CASES re (20 in 5:11-cv-01989-JF) Stipulation filed by Heather Silversmith, Kathleen Koffman, Lauren Scott, (32 in 5:11-cv-01758-JF) Stipulation filed by Garen Meguerian. Signed by Judge Jeremy Fogel on 7/5/11. (dlm, COURT STAFF) (Filed on 7/8/2011)

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 Plaintiff, Case No. 11-cv-1758-JF SECOND REVISED STIPULATION AND ------------------ ORDER RE [PROPOSED] CONSOLIDATION OF CASES v. 19 Apple Inc., 20 Defendant. 21 22 23 Lauren Scott, Kathleen Koffman and Heather Silversmith, individually and on behalf of all others similarly situated, 24 25 Case No. 11-cv-1989-JF Plaintiffs, v. 26 Apple Inc., 27 28 Defendant. [11-cv-1758-JF] SECOND REVISED STIPULATION AND [PROPOSED] ORDER RE CONSOLIDATION OF CASES 1 Case No. 11-cv-2394-PSG Twilah Monroe, individually and on behalf of all others similarly situated, 2 Plaintiff, 3 4 5 v. Apple Inc., Defendant. 6 7 RECITALS 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; 12 WHEREAS, the parties intend that the Actions be consolidated for all purposes; 13 WHEREAS, Plaintiffs filed a Consolidated Amended Complaint on June 16, 2011 in the 14 case captioned Meguerian v. Apple Inc., No. 11-cv-01758-JF, with the intention that the 15 Consolidated Amended Complaint shall become the operative complaint for the Actions, upon 16 their consolidation. STIPULATION 17 IT IS THEREFORE STIPULATED by and between the parties, through their counsel of 18 19 record, that, subject to the Court’s approval: 20 I. CONSOLIDATION OF RELATED ACTIONS 21 1. The above actions are hereby deemed related and consolidated for all purposes 22 before this Court. 23 2. The clerk shall establish and maintain a Master Docket and Master File for this 24 proceeding under the caption “In re Apple In-App Purchase Litigation,” Master File No. 11-cv- 25 1758 JF. All orders, pleadings, motions and other documents should, when filed and docketed 26 in the Master File, be deemed filed and docketed in each individual case. 27 28 3. The parties will meet and confer if any additional action is filed in, removed to, or transferred to this Court to determine whether the new action involves the same or [11-cv-1758-JF] SECOND REVISED STIPULATION AND [PROPOSED] ORDER RE CONSOLIDATION OF CASES 1 1 substantially similar issues of law and fact and whether consolidation would be appropriate. If 2 the parties agree that the new action is appropriately consolidated with the Actions, the parties 3 will follow the procedures below: 4 a. The parties will jointly file a request to consolidate the matter with this 5 Court and counsel for Plaintiffs in the Consolidated Action shall serve notice on counsel in the 6 action counsel are seeking be consolidated; 7 b. The parties will jointly request that the Clerk of the Court: 8 i. place a copy of this Order in the separate file for such action; 9 ii. provide a copy of this Order to counsel for the plaintiff(s) in the 10 newly filed or transferred action and to any defendant(s) in the newly filed or transferred action; 11 and 12 13 iii. make an appropriate entry on the Master Docket for the Consolidated Action. 14 4. If the parties in the Actions do not agree that the new action should be 15 consolidated with the Actions, the party seeking consolidation may, within ten (10) days after 16 meeting and conferring with the party opposing consolidation, file a motion for consolidation. 17 II. FILING AND DOCKETING PROCEDURES 18 1. Every pleading hereafter filed in this Consolidation Action shall bear the 19 following caption: 20 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 21 22 23 IN RE APPLE IN-APP PURCHASE LITIGATION Master File No. 11-cv-1758 JF 24 25 26 This Document Relates To: All Actions. 27 28 [11-cv-1758-JF] SECOND REVISED STIPULATION AND [PROPOSED] ORDER RE CONSOLIDATION OF CASES 2 1 2. When a pleading or paper is intended to be applicable to all actions to which this 2 Order is applicable, the words “All Actions” shall appear immediately after the words “This 3 Document Relates To:” in the caption set out above. When a pleading or paper is intended to be 4 applicable to only some, but not all of such actions, this Court’s docket number for each action 5 to which the pleading or paper is intended to be applicable and the last name of the first named 6 plaintiff(s) in that action shall appear immediately after the words “This Document Relates To:” 7 in the caption described above, i.e., “Civil Action No. _____ [Name of plaintiff(s)].” 8 9 3. When a pleading or paper is filed and the caption, pursuant to ¶ 2, shows that it is to be applicable to “All Actions,” the Clerk shall file such pleading or paper in the Master File 10 and note such filing in the Master Docket. No further copies need be filed or other docket 11 entries made. 12 4. When a pleading or paper is filed and the caption, pursuant to ¶ 2, shows that it is 13 applicable to fewer than all of the Actions, the Clerk shall file such pleading or other paper only 14 in the Master File but nonetheless shall note such filing in both the Master Docket and in the 15 docket of each such action. 16 III. 17 18 19 20 21 FILING OF CONSOLIDATED AMENDED COMPLAINT AND RESPONSE THERETO 1. Defendant need not answer or otherwise respond to any of the complaints in the three separate actions captioned above. 2. Defendant shall file an answer or otherwise respond to the Consolidated Amended Complaint on or before August 5, 2011. 22 /// 23 /// 24 /// 25 26 27 28 [11-cv-1758-JF] SECOND REVISED STIPULATION AND [PROPOSED] ORDER RE CONSOLIDATION OF CASES 3 7/5/11