Gallion v. Apple, Inc

Filing 62

STIPULATION AND ORDER EXTENDING CLASS CERTIFICATION BRIEFING SCHEDULE. Signed by Judge Richard Seeborg on 10/12/11. (cl, COURT STAFF) (Filed on 10/12/2011)

*E-Filed 10/12/11*

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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

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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

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Interim Co-Lead Class Counsel

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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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This Document Relates To:
ALL ACTIONS

No. CV 10-01610-RS
STIPULATION AND [PROPOSED]
ORDER EXTENDING CLASS
CERTIFICATION BRIEFING
SCHEDULE

RECITALS

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1.

The Stipulation and Order Regarding Schedule Governing Motion for Class

Certification, filed on April 20, 2011 (Dock. No. 47) (“April Order”) states as follows:
The current schedule is based on the parties’ understanding that Apple will
complete its initial document production by the end of June, 2011; that no
substantial follow-up discovery or modifications to the key-word searches that
informed Apple’s discovery efforts will be necessary in order to draft Plaintiffs'
class-certification brief; that the schedules of counsel and various witnesses will
allow for the taking of depositions following the completion of Apple’s initial
document production; and that Plaintiffs will be able to obtain necessary thirdparty discovery prior to the filing of their motion for class certification. In the
event circumstances warrant it, this schedule is subject to modification.
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Pursuant to the April Order, the current deadline for plaintiffs to file their motion

for class certification is October 21, 2011.
3.

Discovery in this case is still ongoing. Depositions of Apple’s FRCP 30(b)(6)

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designees began on September 6, 2011, are still in progress as of the filing of this stipulation.

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For various reasons, including the schedules of Apple’s designees, those depositions are not

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expected to be completed until after the date on which Plaintiffs’ class certification brief is

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presently due. Additionally, document production is not complete. Apple produced significant

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documents in August, which are still being reviewed by plaintiffs’ counsel, and additional

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documents are being collected and produced by Apple.

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4.

Third-party discovery is not complete. While third-party deposition subpoenas

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were served on 3M Company and AT&T Mobility LLC, protective orders were not finalized for

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those parties’ production until May 31 and August 19, 2011, respectively. A motion to compel

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was required to resolve substantive disputes with 3M Company regarding the scope of its

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production, and was not finally resolved until August 31, 2011, when Judge David S. Doty of the

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U.S. District Court for the District of Minnesota overruled 3M’s objection to the Magistrate

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Judge’s order granting in part plaintiffs’ motion to compel. 3M produced documents on August

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12, September 12, and September 26, 2011. AT&T Mobility produced documents comprising

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over 58,000 pages on August 26, 2011. Plaintiffs’ counsel are still in the process of reviewing

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all of this production and anticipate that the production may be found incomplete, requiring
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further “meet and confer” discussions and possible motion practice. Plaintiffs have also served a

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third-party deposition subpoena on Hon Hai Corporation, and are in the process of conferring

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with counsel for that entity regarding its anticipated production.
5.

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The parties have agreed to participate in a mediation on October 13, 2011 with the

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Hon. Edward A. Infante (Ret.) of JAMS. This was the earliest workable date available after the

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parties (including plaintiffs’ counsel in the parallel state court action) agreed to participate in

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mediation. Plaintiffs reasonably have been focusing their efforts on preparing for the mediation

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rather than preparing their class certification motion papers. If the matter does not settle during

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the scheduled mediation, the eight days remaining to prepare the class certification motion

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papers will be insufficient.
6.

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The parties agree that circumstances warrant modification of this deadline and the

remaining briefing schedule.
STIPULATION

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Accordingly, by and through their counsel, the parties hereby stipulate to modify the

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Stipulation and Order Regarding Schedule Governing Motion for Class Certification, filed on

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April 20, 2011 (Dock. No. 47) by extending all deadlines by approximately three months, as

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follows:
1.

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Plaintiffs will file their motion for class certification on or before January 31,

2.

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

2012.

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

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April 2, 2012, so as to provide Apple with sufficient opportunity to depose Plaintiffs’ declarants

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

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been deposed about those matters.

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opening brief, Apple’s opposition papers shall be due March 2, 2012.

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3.

If Plaintiffs do not submit testimony in support of their

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 June 4, 2012, so as to provide Plaintiffs with sufficient opportunity to depose
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Apple’s declarants about the matters set forth in their declarations, to the extent those declarants

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have not already been deposed about those matters. If Apple submits testimony in support of its

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

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Plaintiffs' reply brief shall be due May 2, 2012. If Apple does not submit testimony in support of

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

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Plaintiffs' reply brief shall be due May 2, 2012. If neither party submits testimony in support of

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the opening and opposition briefs, Plaintiffs’ reply brief shall be due April 2, 2012.

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4.

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

of their reply brief.
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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DATED: October 12, 2011

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

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by

/s/ Jeffrey L. Fazio
Jeffrey L. Fazio

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Interim Co-Lead Class Counsel

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DATED: October 12, 2011

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

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by

/s/ Steven A. Schwartz
Steven A. Schwartz

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Interim Co-Lead Class Counsel

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DATED: October 12, 2011

Penelope A. Preovolos
Andrew D. Muhlbach
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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ATTESTATION OF FILER

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I, Kimberly A. Kralowec, hereby attest that concurrence in the filing of this document has
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been obtained from each of the other signatories. See N.D. Cal. Gen. Order No. 45, para. X(B).
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Dated: October 12, 2011

By:

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/s/ Kimberly A. Kralowec
Kimberly A. Kralowec
THE KRALOWEC LAW GROUP

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PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, IT IS SO
ORDERED.

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Dated: 10/12

, 2011
The Honorable Richard Seeborg
United States District Judge

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