Gallion v. Apple, Inc

Filing 64

STIPULATION AND ORDER REGARDING CONFIDENTIALITY DESIGNATIONS. Signed by Judge Richard Seeborg on 12/7/11. (cl, COURT STAFF) (Filed on 12/7/2011)

*E-Filed 12/7/11*
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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.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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IN RE APPLE IPHONE/IPOD WARRANTY
LITIGATION

Case No.

CV 10-01610-RS

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CLASS ACTION

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JOINT STIPULATION AND
[PROPOSED] ORDER
REGARDING
CONFIDENTIALITY
DESIGNATIONS

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

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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING CONFIDENTIALITY DESIGNATIONS
CV 10-01610-RS
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WHEREAS, in response to plaintiffs’ discovery requests, defendant Apple Inc. (“Apple”)

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

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

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November 2, 2010 (“Protective Order”);

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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

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

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

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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;

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

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

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confidentiality designations will be decided before January 31, 2012;

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

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

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

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plaintiffs’ motion for class certification.

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

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1.

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

Apple’s confidentiality designations.
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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
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deposition testimony whose confidential status plaintiffs are challenging. Once plaintiffs have

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

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

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3.

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

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

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accordance with those rulings.

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4.

The current deadlines imposed by the Protective Order related to the

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

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subject to the procedure set forth above.

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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.

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JOINT STIPULATION AND PROPOSED [ORDER] REGARDING CONFIDENTIALITY DESIGNATIONS
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Dated: December 5, 2011

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

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By:

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Interim Co-Lead Class Counsel

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/s/ Jeffrey L. Fazio
Jeffrey L. Fazio

Dated: December 5, 2011

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

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By:

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/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

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By:

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

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JOINT STIPULATION AND PROPOSED [ORDER] REGARDING CONFIDENTIALITY DESIGNATIONS
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ATTESTATION OF FILER

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I, Andrew D. Muhlbach, 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: December 5, 2011
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By:

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

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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12/7
Dated: _____________, 2011

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___________________________
The Honorable Richard Seeborg
United States District Judge

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JOINT STIPULATION AND PROPOSED [ORDER] REGARDING CONFIDENTIALITY DESIGNATIONS
CV 10-01610-RS
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