Gallion v. Apple, Inc

Filing 71

JOINT CASE MANAGEMENT STATEMENT filed by Charlene Gallion. (Kralowec, Kimberly) (Filed on 8/2/2012)

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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
Interim Co-Lead Class Counsel
(Additional Counsel Listed at End of
Document)
Penelope A. Preovolos (87607) ([e-mail])
Andrew D. Muhlbach (175694)([e-mail])
Samuel J. Boone Lunier (252732) ([e-mail])
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
T: 415-268-7000
F: 415-268-7522

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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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IN RE APPLE iPHONE/iPOD
WARRANTY LITIGATION

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This Document Relates To:

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All Actions

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No. 10-CV-01610
JOINT CASE MANAGEMENT
CONFERENCE STATEMENT
DATE: August 9, 2012
TIME: 10:00 a.m.
COURTROOM: 3
TRIAL DATE: Not set

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Pursuant to Civil Local Rule 16-10(d), the parties respectfully submit this

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Case Management Conference Statement in anticipation of the Conference

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scheduled for August 9, 2012.

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The original complaint in Gallion v. Apple Inc., No. 10-CV-01610, was filed

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in this Court on April 15, 2010, and was later consolidated with two related

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actions, Corsi v. Apple Inc., No. 10-CV-03316, and Calix v. Apple Inc., No. 10-CV-

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05895, each of which proposed a nationwide class of consumers who had purchased

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an original iPhone, iPhone 3G, iPhone 3GS, and/or iPod touch device (“Class

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Devices”).

Another, related action had been filed in the Santa Clara County

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Superior Court, Pennington, et al. v. Apple Inc., No. 1-10-CV-162659, which

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proposed a class composed of California residents who had purchased a Class

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Device.

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In each of these actions (collectively, the “Actions”), the plaintiffs alleged

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that Apple had a policy of denying warranty claims on the ground that Class

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Devices had been damaged by liquid based solely on a Liquid Contact Indicator

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(“LCI”) that had turned pink or red, without inspecting Class Devices for evidence

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of actual damage by liquid. Plaintiffs also alleged that because Apple relied on a

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provision in its warranties by which coverage is excluded if the consumer causes

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damage, Apple bore the burden of proving that the Class Devices had actually been

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damaged by the consumer, and that Apple could not carry that burden because

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LCIs are inherently incapable of establishing that a Class Device had been

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damaged. Apple has answered each of the complaints and has denied all claims of

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liability.

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The parties have engaged in more than two years of extensive discovery

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efforts that has included multiple sets of written discovery, the production of

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hundreds of thousands of pages of documents by Apple and by third parties, and

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the depositions of witnesses employed by Apple and by third parties. Plaintiffs and

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Apple have explored the possibility of resolving this litigation by way of a series of
-1JOINT CASE MANAGEMENT CONFERENCE STATEMENT
(CASE NO. 10-CV-01610)

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mediation sessions before Retired Magistrate Judge Edward Infante and Catherine

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Yanni of the Judicial Arbitration and Mediation Service (“JAMS”). The parties

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have made substantial progress in that regard, and hereby respectfully request

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that the August 9, 2012 case management conference be conducted in chambers so

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that the parties may provide the Court with a candid assessment of the status of

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the litigation, the progress of settlement efforts, and discuss a variety of scheduling

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issues.

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DATED: August 2, 2012

FAZIO | MICHELETTI LLP

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by

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Jeffrey L. Fazio (146043)
Dina E. Micheletti (184141)
FAZIO | MICHELETTI LLP
2410 Camino Ramon, Suite 315
San Ramon, CA 94583
Telephone: [phone]
Facsimile: 925-369-0344

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/s/ Jeffrey L. Fazio

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/s/ Steven A. Schwartz

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Steven A. Schwartz (pro hac vice)
Timothy N. Mathews (pro hac vice)
CHIMICLES & TIKELLIS LLP
361 W. Lancaster Avenue
Haverford, PA 19041
Telephone: [phone]
Facsimile: 610- 649-3633

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Interim Co-Lead Class Counsel

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Kimberly A. Kralowec (163158)
Elizabeth Newman (257329)
THE KRALOWEC LAW GROUP
188 The Embarcadero, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415-546-6801

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Earl L. Bohachek (55476)
LAW OFFICES OF EARL L. BOHACHEK
One Maritime Plaza
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415-781-1034

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-2JOINT CASE MANAGEMENT CONFERENCE STATEMENT
(CASE NO. 10-CV-01610)

Rose F. Luzon (221544)
James C. Shah (260435)
SHEPHERD, FINKELMAN, MILLER & SHAH, LLP
401 West A Street
Suite 2350
San Diego, CA 92101
Telephone: [phone]

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Philip Bohrer
Scott E. Brady
BOHRER LAW FIRM, L.L.C.
8712 Jefferson Highway, Suite B
Baton Rouge, Louisiana 70809
Telephone: [phone]
Facsimile: [phone]

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John P. Wolff, III
Christopher K. Jones
KEOGH, COX & WILSON
701 Main Street
Post Office Box 1151
Baton Rouge, Louisiana 70821
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs
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DATED: August 2, 2012

MORRISON & FOERSTER LLP

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/s/ Penelope A. Preovolos

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Penelope A. Preovolos (87607) ([e-mail])
Andrew D. Muhlbach (175694)([e-mail])
Samuel J. Boone Lunier (252732) ([e-mail])
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
T: 415-268-7000
F: 415-268-7522

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Attorneys for Defendant Apple Inc.

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

August 2, 2012

by

/s/ Kimberly A. Kralowec
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JOINT CASE MANAGEMENT CONFERENCE STATEMENT
(CASE NO. 10-CV-01610)