Gallion v. Apple, Inc

Filing 45

STIPULATION and Proposed Order re Consolidation of Related Cases by Charlene Gallion. (Fazio, Jeffrey) (Filed on 4/12/2011)

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Jeffrey L. Fazio (146043) ([e-mail])
Dina E. Micheletti (184141) ([e-mail])
FAZIO | MICHELETTI LLP
2410 Camino Ramon, Suite 315
San Ramon, CA 94583
T: 925-543-2555
F: 925-369-0344
Steven A. Schwartz (pro hac vice) ([e-mail])
Timothy N. Mathews (pro hac vice) ([e-mail])
CHIMICLES & TIKELLIS LLP
361 W. Lancaster Avenue
Haverford, PA 19041
T: 610-642-8500
F: 610-649-3633
Attorneys for Plaintiff, Charlene Gallion and
Christoper Corsi, on behalf of themselves
and all others similarly situated

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHARLENE GALLION, on behalf of herself
and all others similarly situated,
v.

APPLE, INC., a California corporation, and
DOES 1-100, inclusive,

CHRISTOPHER CORSI, on behalf of himself
and all others similarly situated,

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v.

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Plaintiff,

Defendant.
DANIEL CALIX, on behalf of himself and all
others similarly situated,

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No. CV 10-03316-RS

APPLE INC.,

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STIPULATION AND [PROPOSED]
ORDER CONSOLIDATING ACTIONS
AND GRANTING LEAVE TO FILE
CONSOLIDATED AMENDED
COMPLAINT

Defendants.

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Plaintiff,

No. CV 10-01610-RS

v.

No. CV 10-05895-RS

Plaintiff,

APPLE INC.,
Defendant.

Hon. Richard Seeborg

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Pending before the Court are three actions that have been formally related by order of this

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Court: Gallion v. Apple, Inc., CV-10-01660, Corsi v. Apple, Inc., CV-10-03316, and Calix v.

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Apple, Inc., No. CV-10-05895 (collectively, the “Related Actions”). Because of their similarity

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and the parties’ voluntary coordination of discovery and other aspects of the litigation, the parties

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have agreed that formally consolidating the Related Actions will further the parties’ objectives

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regarding their efficient and expeditious resolution.

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STIPULATE as follows:

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1.

Accordingly, the parties hereby

The Related Actions are hereby consolidated into Civil Action No. CV 10-01610-

RS for pretrial proceedings before this Court. The consolidated action shall be captioned as “In
re Apple iPhone/iPod Warranty Litigation.”
2.

All related actions (as that term is defined in Civil Local Rule 3-12(a)) that are

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subsequently filed in, or transferred to, this District shall be consolidated into this action for

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pretrial purposes and Fazio | Micheletti LLP and Chimicles & Tikellis LLP shall continue to

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serve as Co-Lead Class Counsel for the consolidated action.

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3.

This Order shall apply to every such related action, absent order of the Court. A

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party that objects to such consolidation, or to any other provision of this Order, must file an

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application for relief from this Order within thirty (30) days after the date on which a copy of the

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order is mailed to the party’s counsel, pursuant to Paragraph 4, infra.

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4.

The parties shall file a Notice of Related Case pursuant to Civil L.R. 3-12

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whenever a case that should be consolidated with this action is filed in, or transferred to, this

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District. If the Court determines that the case is related, the clerk shall:

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a.

place a copy of this Order in the separate file for such action;

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b.

serve on plaintiff' s counsel in the new case a copy of this Order;

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c.

direct that this Order be served upon defendants in the new case; and

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d.

make the appropriate entry in the Docket for the consolidated action.

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5.

This Order is entered without prejudice to the rights of any party to apply for

severance of any claim or action, for good cause shown.

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-1STIPULATION AND PROPOSED ORDER RE CONSOLIDATION
NOS. CV-10-01610, CV-10-03316, CV-10-05895

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6.

Defendant Apple, Inc. (“Apple”) is not required to respond to the complaint in

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any action consolidated into this action, other than a consolidated complaint or a complaint

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designated as the operative complaint.

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7.

Co-Lead Class Counsel shall prepare and file with the Court not later than May

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30, 2011, a consolidated complaint containing the substantive allegations and claims for relief

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pertaining to each of the Related Actions (the “Consolidated Complaint”). The Consolidated

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Complaint shall be the operative complaint in the consolidated action, and shall supersede all

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complaints filed in any of the actions consolidated herein. Apple shall have thirty (30) days from

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the filing of the Consolidated Complaint in which to plead or otherwise respond.

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8.

SO STIPULATED.

DATED: April 12, 2011

Jeffrey L. Fazio
Dina E. Micheletti
FAZIO | MICHELETTI LLP

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Kimberly A. Kralowec
Elizabeth Newman
THE KRALOWEC LAW GROUP LLP

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Earl L. Bohachek
THE LAW OFFICES OF EARL L. BOHACHEK

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by

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Attorneys for Plaintiff, Charlene Gallion,
on behalf of herself and the proposed class,
and Interim Co-Lead Class Counsel

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DATED: April 12, 2011

Steven A. Schwartz
Timothy N. Mathews
CHIMICLES & TIKELLIS LLP

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Rose F. Luzon
James C. Shah
SHEPHERD, FINKELMAN, MILLER & SHAH, LLP

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/s/ Jeffrey L. Fazio
Jeffrey L. Fazio

by

/s/ Steven A. Schwartz
Steven A. Schwartz
Attorneys for Plaintiff, Christopher Corsi,
on behalf of himself and the proposed class,
and Interim Co-Lead Class Counsel
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STIPULATION AND PROPOSED ORDER RE CONSOLIDATION
NOS. CV-10-01610, CV-10-03316, CV-10-05895

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DATED: April 12, 2011

Philip Bohrer
Scott E. Brady
BOHRER LAW FIRM L.L.C.

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John P. Wolff, III
Christopher K. Jones
KEOGH, COX & WILSON

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by

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/s/ Scott E. Brady
Scott E. Brady
Attorneys for Plaintiff, Daniel Calix
on behalf of himself and the proposed class

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DATED: April 12, 2011

Penelope A. Preovolos
Andrew D. Muhlbach
Heather A. Moser
Samuel J. Boone Lunier
MORRISON | FOERSTER LLP

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by

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Attorneys for Defendant, Apple, Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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/s/ Andrew D. Muhlbach
Andrew D. Muhlbach

Dated:

, 2011

The Honorable Richard Seeborg
United States District Judge

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-3STIPULATION AND PROPOSED ORDER RE CONSOLIDATION
NOS. CV-10-01610, CV-10-03316, CV-10-05895