Gallion v. Apple, Inc

Filing 63

STIPULATION (Joint) and [Proposed] Order Regarding Confidentiality Designations by Apple, Inc. (Muhlbach, Andrew) (Filed on 12/5/2011)

1
2
3
4
5
6
7
8

PENELOPE A. PREOVOLOS (CA SBN 87607)
[e-mail]
ANDREW DAVID MUHLBACH (CA SBN 175694)
[e-mail]
ALEXEI KLESTOFF (CA SBN 224016)
[e-mail]
SAMUEL J. BOONE LUNIER (CA SBN 252732)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street, 32nd Floor
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Defendant
APPLE INC.

9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12

SAN FRANCISCO DIVISION

13
14

IN RE APPLE IPHONE/IPOD WARRANTY
LITIGATION

Case No.

CV 10-01610-RS

15

CLASS ACTION

16

JOINT STIPULATION AND
[PROPOSED] ORDER
REGARDING
CONFIDENTIALITY
DESIGNATIONS

17
18
19
20

Judge Richard Seeborg, Courtroom 3
Complaint Filed: June 30, 2011
Trial Date: None Set

21
22
23
24
25
26
27
28
JOINT STIPULATION AND [PROPOSED] ORDER REGARDING CONFIDENTIALITY DESIGNATIONS
CV 10-01610-RS
sf-3078302

1

WHEREAS, in response to plaintiffs’ discovery requests, defendant Apple Inc. (“Apple”)

2

has produced documents and deposition testimony that it contends have been properly designated

3

for confidential treatment pursuant to the Stipulated Protective Order entered by the Court on

4

November 2, 2010 (“Protective Order”);

5
6
7
8
9
10
11
12

WHEREAS, on November 11, 2011, plaintiffs notified Apple that they objected to the
confidentiality designations on certain documents and deposition testimony;
WHEREAS, the parties are in the process of conferring informally in an effort to resolve
these confidentiality challenges;
WHEREAS, plaintiffs’ motion for class certification is currently due on January 31, 2012;
WHEREAS, the Protective Order provides a specific timeframe within which Apple is
required to complete the meet-and-confer process regarding its confidentiality designations;
WHEREAS, Apple seeks additional time to complete the meet-and-confer process

13

regarding these confidentiality challenges and seek to resolve these challenges before plaintiffs

14

file in the public record their motion for class certification and any supporting papers;

15
16

WHEREAS, Apple’s deadline to file a motion to uphold the confidentiality for the
documents and testimony challenged by plaintiffs is currently December 9, 2011;

17

WHEREAS, in light of Apple’s request for additional time and the holidays and

18

scheduling issues, the parties agree that it is unlikely that any motion to uphold Apple’s

19

confidentiality designations will be decided before January 31, 2012;

20

WHEREAS, the parties agree to the following procedure to ensure sufficient time to

21

complete the meet-and-confer process and to brief any resulting motion to uphold confidentiality

22

designations, while also avoiding potentially unnecessary motions to seal in connection with

23

plaintiffs’ motion for class certification.

24

THEREFORE, the parties hereby stipulate and request that the Court enter an order that:

25

1.

26
27
28

The parties will continue the meet-and-confer efforts they have begun regarding

Apple’s confidentiality designations.
2.

On or before January 31, 2012, plaintiffs will serve, but not file, their motion for

class certification and all supporting documents, as well as a list of documents, exhibits, and/or
JOINT STIPULATION AND PROPOSED [ORDER] REGARDING CONFIDENTIALITY DESIGNATIONS
CV 10-01610-RS
sf-3078302

1

1

deposition testimony whose confidential status plaintiffs are challenging. Once plaintiffs have

2

provided this list to Apple, the parties will then meet and confer regarding plaintiffs’ challenges

3

and file any necessary briefs pursuant to the procedures set forth in the Protective Order.

4

3.

After the Court has ruled on any confidentiality motions resulting from this

5

process, plaintiffs will file their class certification motion and any supporting papers in

6

accordance with those rulings.

7

4.

The current deadlines imposed by the Protective Order related to the

8

confidentiality challenges raised by plaintiffs on November 11, 2011 are hereby continued,

9

subject to the procedure set forth above.

10
11

5.

Nothing in this Joint Stipulation alters the briefing schedule for plaintiffs’ motion

for class certification that is set forth in the Court’s October 12, 2011 Order.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION AND PROPOSED [ORDER] REGARDING CONFIDENTIALITY DESIGNATIONS
CV 10-01610-RS
sf-3078302

2

1

Dated: December 5, 2011

2

JEFFREY L. FAZIO
DINA E. MICHELETTI
FAZIO | MICHELETTI LLP

3
4

By:

5

Interim Co-Lead Class Counsel

6
7

/s/ Jeffrey L. Fazio
Jeffrey L. Fazio

Dated: December 5, 2011

8

STEVEN A. SCHWARTZ
TIMOTHY N. MATHEWS
CHIMICLES & TIKELLIS LLP

9
By:

10
11
12
13
14

/s/ Steven A. Schwartz
Steven A. Schwartz
Interim Co-Lead Class Counsel

Dated: December 5, 2011

PENELOPE A. PREOVOLOS
ANDREW DAVID MUHLBACH
ALEXEI KLESTOFF
SAMUEL J. BOONE LUNIER
MORRISON & FOERSTER LLP

15
16
17
18

By:

/s/ Andrew David Muhlbach
Andrew David Muhlbach
Attorneys for Defendant
APPLE INC.

19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION AND PROPOSED [ORDER] REGARDING CONFIDENTIALITY DESIGNATIONS
CV 10-01610-RS
sf-3078302

3

1
2

ATTESTATION OF FILER

3

I, Andrew D. Muhlbach, hereby attest that concurrence in the filing of this document has

4

been obtained from each of the other signatories. See N.D. Cal. Gen. Order No. 45, para. X(B).

5
Dated: December 5, 2011
6
7

By:

/s/ Andrew D. Muhlbach
Andrew D. Muhlbach
MORRISON & FOERSTER LLP

8
9
10
11
12
13

PURSUANT TO STIPULATION, IT IS SO ORDERED.

14
15

Dated: _____________, 2011

16
17

___________________________
The Honorable Richard Seeborg
United States District Judge

18
19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION AND PROPOSED [ORDER] REGARDING CONFIDENTIALITY DESIGNATIONS
CV 10-01610-RS
sf-3078302

4