In Re Sony PS3 "Other OS" Litigation

Filing 27

MOTION to Consolidate Cases and Appoint Finkelstein Thompson LLP As Interim, Co-Lead Class Counsel; Memorandum Of Points And Authorities In Support Thereof filed by Todd Densmore, Antal Herz. Motion Hearing set for 6/24/2010 01:30 PM in Courtroom 3, 17th Floor, San Francisco. (Attachments: # 1 Proposed Order (1) Consolidating Cases, and (2) Appointing Finkelstein Thompson LLP as Interim, Co-Lead Class Counsel)(Rivas, Rosemary) (Filed on 5/19/2010)

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Rosemary M. Rivas (State Bar No. 209147) [e-mail] Mark Punzalan (State Bar No. 247599) [e-mail] Tracy Tien (State Bar No. 253930) [e-mail] FINKELSTEIN THOMPSON LLP 100 Bush Street, Suite 1450 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Counsel for Plaintiffs Todd Densmore and Antal Herz

8 9 10 11 12 Case No. CV 3:10-cv-01811 RS 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 [PROPOSED] ORDER CASE NO. 3:10-cv-01811 RS Defendant. ANTHONY VENTURA, on behalf of himself and all others similarly situated, Plaintiff, SONY COMPUTER ENTERTAINMENT AMERICA INC., [PROPOSED] ORDER (1) CONSOLIDATING CASES, AND (2) APPOINTING FINKELSTEIN THOMPSON LLP AS INTERIM, COLEAD CLASS COUNSEL Date: June 24, 2010 Time: 1:30 p.m. Courtroom: 3 The Honorable Richard Seeborg [Additional Counsel Listed on Signature Page] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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This document also relates to: TODD DENSMORE and ANTAL HERZ, on behalf of themselves and all others similarly situated, Plaintiffs, v. SONY COMPUTER ENTERTAINMENT AMERICA, INC., a Delaware corporation, Defendant. This document also relates to: JASON BAKER, SEAN BOSQUETT, FRANK BACHMAN, PAUL GRAHAM , and PAUL VANNATA, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, vs. SONY COMPUTER ENTERTAINMENT AMERICA, LLC successor to SONY COMPUTER ENTERTAINMENT AMERICA, INC. Defendant. This document also relates to: KEITH WRIGHT, on behalf of himself and all others similarly situated, Plaintiff(s), v. SONY COMPUTER ENTERTAINMENT AMERICA INC.; and SONY COMPUTER ENTERTAINMENT AMERICA, LLC. Defendants.

Case No. 3:10-cv-01945 EDL The Honorable Elizabeth D. Laporte

Case No. 3:10-cv-01897 SC The Honorable Samuel Conti

Case No. 3:10-cv-01975 JL The Honorable James Larson

2 [PROPOSED] ORDER CASE NO. 3:10-cv-01811 RS

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On June 24, 2010, at 1:30 am, the Court heard the motion of Plaintiffs Todd Densmore and Antal Herz ("Plaintiffs") for an order: (1) consolidating cases, and (2) appointing Finkelstein Thompson LLP as interim, co-lead class counsel. Having reviewed the parties' papers and heard oral argument, and good cause appearing, the Court GRANTS Plaintiffs' motion. IT IS HEREBY ORDERED: 1. The following cases are consolidated: · · Ventura v. Sony Computer Entertainment America Inc., 3:10-cv-01811 RS; Densmore et al. v. Sony Computer Entertainment America, Inc., 3:10-cv-1945 EDL; · Baker et al. v. Sony Computer Entertainment, LLC, CV 3:10-cv-01897 SC; and · Wright v. Sony Computer Entertainment America Inc. et al., 3:10-cv-01975 JL. The Court finds that these cases involve common questions of law and fact, pursuant to Fed. R. Civ. P. 42. All future filings shall bear Case No. 3:10-cv-01811 RS and bear the caption: In re Sony PS3 "Install Other OS" Function Litigation. 2. Pursuant to Fed. R. Civ. P. 23(g)(3), Finkelstein Thompson LLP is appointed

Interim, Co-Lead Class Counsel based on the firm's: (1) work in identifying or investigating potential claims in the action; (2) experience in handling class actions, other complex litigation, and claims of the type asserted in the action; (3) knowledge of the applicable law; and (4) the resources the firm will commit to representing the class. Finkelstein Thompson LLP shall have responsibility for and authority over the following matters on behalf of all plaintiffs in the Consolidated Action: a. Determining and presenting in motions, briefs, oral argument or such other fashion as may be appropriate, the position of all of the Plaintiffs as to all matters arising during all pretrial and trial proceedings; b. Conducting or coordinating discovery on behalf of the Plaintiffs consistent 3 [PROPOSED] ORDER CASE NO. 3:10-cv-01811 RS

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with the Federal Rules of Civil Procedure, including the preparation of joint interrogatories, requests for production of documents, requests for admissions and the examination of witnesses in depositions; Communicating with the Court; Communicating with defense counsel; Directing, supervising and monitoring the activities of Plaintiffs' counsel and implementing procedures to ensure that schedules are met and unnecessary expenditures of time and funds by counsel are avoided; Signing any consolidated complaint, motions, briefs, discovery requests or objections, subpoenas or notices on behalf of all Plaintiffs or those plaintiffs filing the particular papers; Conducting all pre-trial proceedings on behalf of all Plaintiffs Employing and consulting with experts; Calling meetings of all Plaintiffs' counsel when appropriate; Conducting settlement discussions with defense counsel on behalf of the Plaintiffs and the putative class; Informing all Plaintiffs' and Plaintiffs' counsel of the progress of this litigation as necessary; Making all work assignments to Plaintiffs' counsel in such a manner as to promote the orderly and efficient prosecution of this litigation and to avoid unnecessary duplication and unproductive efforts for all parties; Ensuring that work assignments to all Plaintiffs' counsel are made in the best interests of the Plaintiffs and the proposed class and are made on the basis of the qualifications and expertise of the persons assigned particular tasks or responsibilities, counsel's knowledge of the law, facts and issues, efficiency and cost-effectiveness; Assessing Plaintiffs' counsel common litigation costs in proportion to the 4 [PROPOSED] ORDER CASE NO. 3:10-cv-01811 RS

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. p. o.

work performed by counsel and to collect all assessments on a regular basis; Collecting and reviewing time, lodestar and expense reports from each Plaintiffs' Counsel, including paralegals and any other staff members; and Otherwise coordinating the work of all Plaintiffs' counsel, and performing such other duties as necessary or as authorized by further order of the Court.

Dated: ______________ Judge Richard Seeborg United States District Court

5 [PROPOSED] ORDER CASE NO. 3:10-cv-01811 RS