Gallion v. Apple, Inc

Filing 47

STIPULATION AND ORDER REGARDING SCHEDULE GOVERNING MOTION FOR CLASS CERTIFICATION. Signed by Judge Richard Seeborg on 4/19/11. (cl, COURT STAFF) (Filed on 4/20/2011)

*E-Filed 4/20/11*

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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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In re Apple iPhone/iPod Warranty Litigation
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No. CV 10-01610-RS
STIPULATION AND PROPOSED
ORDER REGARDING SCHEDULE
GOVERNING MOTION FOR CLASS
CERTIFICATION

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Hon. Richard Seeborg

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Pursuant to the Court's instructions, the parties have met and conferred to establish a
class-certification briefing schedule. Having done so, the parties hereby stipulate as follows:

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1.

Plaintiffs Gallion, Corsi, and Calix (collectively, “Plaintiffs”) will file their

motion for class certification on or before October 21, 2011.

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2.

In the event Plaintiffs submit testimony in support of their opening brief,

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Defendant Apple, Inc. (“Apple”) shall file its opposition to the motion for class certification on

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December 23, 2011, so as to provide Apple with sufficient opportunity to depose Plaintiffs'

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declarants about the matters set forth in their declarations, to the extent those declarants have not

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already been deposed about those matters. If Plaintiffs do not submit testimony in support of

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their opening brief, Apple’s opposition papers shall be due November 23, 2011.

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3.

In the event Apple submits testimony in support of its opposition brief and

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Plaintiffs have submitted testimony in support of their opening brief, Plaintiffs’ reply papers

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shall be filed on February 24, 2012, so as to provide Plaintiffs with sufficient opportunity to

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depose Apple’s declarants about the matters set forth in their declarations, to the extent those

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declarants have not already been deposed about those matters. If Apple submits testimony in

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support of its opposition brief, but Plaintiffs have not submitted testimony in support of their

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opening brief, Plaintiffs' reply brief shall be due January 24, 2012. If Apple does not submit

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testimony in support of its opposition brief, but Plaintiffs have submitted testimony in support of

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their opening brief, Plaintiffs' reply brief shall be due January 24, 2012. If neither party submits

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testimony in support of the opening and opposition briefs, Plaintiffs’ reply brief shall be due

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December 23, 2011.

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4.

Plaintiffs shall have the opportunity to submit expert rebuttal testimony in support

of their reply brief.

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-1STIPULATION AND PROPOSED ORDER RE SCHEDULE GOVERNING MOTION FOR CLASS CERTIFICATION
NO. CV-10-01610

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5.

The hearing date for Plaintiffs’ class-certification motion shall be set on or about

the time Plaintiffs file their reply brief.

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The current schedule is based on the parties’ understanding that Apple will complete its

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initial document production by the end of June, 2011; that no substantial follow-up discovery or

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modifications to the key-word searches that informed Apple’s discovery efforts will be necessary

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in order to draft Plaintiffs' class-certification brief; that the schedules of counsel and various

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witnesses will allow for the taking of depositions following the completion of Apple’s initial

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document production; and that Plaintiffs will be able to obtain necessary third-party discovery

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prior to the filing of their motion for class certification. In the event circumstances warrant it,

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this schedule is subject to modification.

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Respectfully submitted,

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DATED: March 29, 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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/s/ Dina E. Micheletti
Dina E. Micheletti
Attorneys for Plaintiff, Charlene Gallion,
on behalf of herself and the proposed class,
and Interim Co-Lead Class Counsel

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DATED: March 29, 2011
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Steven A. Schwartz
Timothy N. Matthews
CHIMICLES & TIKELLIS LLP

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

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-2STIPULATION AND PROPOSED ORDER RE SCHEDULE GOVERNING MOTION FOR CLASS CERTIFICATION
NO. CV-10-01610

by

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/s/ Steven A. Schwartz
Steven A. Schwartz

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Attorneys for Plaintiff, Christopher Corsi,
on behalf of himself and the proposed class,
and Interim Co-Lead Class Counsel

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DATED: March 29, 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

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Attorneys for Plaintiff, Daniel Calix
on behalf of himself and the proposed class

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DATED: March 29, 2011

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

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by /s/ Andrew D. Muhlbach
Andrew D. Muhlbach

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Attorneys for Defendant, Apple, Inc.

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ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED
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Dated: 4/19/11
The Honorable Richard Seeborg
United States District Judge

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-3STIPULATION AND PROPOSED ORDER RE SCHEDULE GOVERNING MOTION FOR CLASS CERTIFICATION
NO. CV-10-01610