Hepting et al v. AT&T Corp. et al

Filing 25

MOTION for leave to appear in Pro Hac Vice - David L. Lawson filed by AT&T Corp., AT&T Inc. Fee paid - 3384005. (gsa, COURT STAFF) (Filed on 4/4/2006)

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Hepting et al v. AT&T Corp. et al Doc. 25 1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION James Pittman, et al., ___________________________________/ Haig Ashikian, et al., ___________________________________/ Peter Keller, et al., ___________________________________/ William Gillis, et al., ___________________________________/ Aaron Walters, et al., Plaintiffs, v. Apple, Inc., Defendant. / NO. C 08-05375 JW NO. C 08-05810 JW NO. C 09-00121 JW NO. C 09-00122 JW NO. C 09-00187 JW ORDER VACATING CASE MANAGEMENT CONFERENCE; SETTING HEARING ON MOTION RE: CONSOLIDATION AND APPOINTMENT OF INTERIM CLASS-COUNSEL 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 On March 9, 2009, the parties in the above entitled cases are scheduled to appear for a Case Management Conference. The parties timely submitted a Joint Case Management Statement. (Docket Item No. 22.) In their Joint Statement, the parties represent that they have stipulated to consolidate the related cases pending before the Court, and have stipulated to a leadership structure for the proposed consolidated action. (See Docket Item Nos. 16-17, 21.) The Court, however, finds that the issues of consolidation and appointment of interim class-counsel are appropriately addressed Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 by making a formal motion to the Court so that the Court may evaluate the best "leadership structure" for the class. Accordingly, the parties shall appear on April 13, 2009 at 9:00 a.m. for a hearing on the parties' anticipated Motion for Consolidation and Appointment of Interim Class-Counsel. Any party may file a motion for appointment of Interim Class-Counsel. The parties shall file any such motion on or before March 20, 2009. Any opposition shall be filed on or before March 30, 2009. Any replies shall be filed on or before April 2, 2009. In light of this determination, the Court finds that a Case Management Conference is premature at this time. Accordingly, the Court continues the Case Management Conference to April 13, 2009 at 10 a.m. On or before April 3, 2009, the parties shall file a Joint Case Management Statement. The Statement shall include, among other things, the parties' good faith discovery plan with a proposed date for the close of both class and merit discovery. 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 Dated: March 5, 2009 JAMES WARE United States District Judge 2 1 2 3 4 5 6 7 8 9 10 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Alan McQuarrie Mansfield alan@rosnerandmansfield.com Andrew David Muhlbach amuhlbach@mofo.com Gordon M. Fauth gmf@classlitigation.com Heather A. Moser hmoser@mofo.com Penelope Athene Preovolos ppreovolos@mofo.com Dated: March 5, 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

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