Petru et al v. Apple, Inc. et al

Filing 8

MOTION to Relate Case filed by Patsy Diamond. (Attachments: # 1 Proposed Order, # 2 Declaration of Michael F. Ram, # 3 Exhibit A to Declaration of Michael F. Ram, # 4 Exhibit B to Declaration of Michael F. Ram, # 5 Certificate/Proof of Service)(Ram, Michael) (Filed on 8/19/2011)

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Michael F. Ram (SBN 104805)
RAM, OLSON, CEREGHINO
& KOPCZYNSKI LLP
555 Montgomery Street, Suite 820
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Eugene A. Spector
Jeffrey L. Kodroff
Jonathan M. Jagher
SPECTOR ROSEMAN KODROFF
& WILLIS P.C.
1818 Market Street, Suite 2500
Philadelphia, Pennsylvania 19103
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY PETRU and MARCUS MATHIS,
Individually and on Behalf of All Others Similarly
Situated,
Plaintiffs,

No. 3:11-cv-03892 EMC
CLASS ACTION

v.
APPLE INC.; HACHETTE BOOK GROUP, INC.;
HARPERCOLLINS PUBLISHERS, INC.;
MACMILLAN PUBLISHERS, INC.; PENGUIN
GROUP (USA) INC.; and SIMON & SCHUSTER,
INC.,
Defendants.
PATSY DIAMOND, Individually and on Behalf of
All Others Similarly Situated,
Plaintiff,
v.

No. 3:11-CV-03954-NC
ADMINISTRATIVE MOTION TO
CONSIDER WHETHER CASES
SHOULD BE RELATED [L.R. 3-12]

APPLE INC.; HACHETTE BOOK GROUP, INC.;
HARPERCOLLINS PUBLISHERS, INC.;
MACMILLAN PUBLISHERS, INC; PENGUIN
GROUP (USA) INC.; and SIMON & SCHUSTER,
INC.,
Defendants.

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Case No. No. 3:11-CV-03954-NC -- ADMININSTRATIVE MOTION TO CONSIDER WHETHER
CASES SHOULD BE RELATED

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TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

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PLEASE TAKE NOTICE that Plaintiff Patsy Diamond submits this Administrative Motion

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to relate Diamond v. Apple, Inc. et al., Case No. 3:11-CV-03954-NC (“Diamond”), filed August 11,

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2011 to Petru et al. v. Apple, Inc. et al., Case No. 3:11-CV-03892 EMC (“Petru”), filed on August 9,

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2011 pursuant to Civil Local Rule 3-12.

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I.

APPLICABLE STANDARD UNDER CIVIL L.R. 3-12

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Under Civil Local Rule 3-12, an “action is related to another when: (1) the actions concern

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substantially the same parties, property, transaction or event, and (2) it appears likely that there will

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be an unduly burdensome duplication of labor and expense or conflicting results if the cases are

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conducted before different Judges.” Civil L.R. 3-12(a).

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Whenever a party knows or believes that an action may be related to an action which is or

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was pending in the Northern District, said party “must promptly file in the earliest-filed case an

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Administrative Motion to Consider Whether Cases Should be Related, pursuant to civil L.R. 7-11.”1

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Civil L.R. 3-12(b). That motion must include: “(1) The title and case number of each apparently

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related case; (2) A brief statement of the relationship of the actions according to the criteria set forth

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in Civil L.R. 3-12(a).”

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II.

DIAMOND AND PETRU ARE RELATED CASES

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The Petru litigation was filed in this Court on August 9, 2011. The Diamond litigation was

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filed on August 11, 2011 and was assigned Case No. 3:11-CV-03954-NC. These two cases involve

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the exact same transactions and events, the identical defendants, the identical allegations and causes

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of action, and the same proposed class of plaintiffs. Accordingly, there will be unduly burdensome

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duplication of labor and expense and there will be a risk of conflicting results if these cases are

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conducted with different Judges.

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“In addition to complying with Civil L.R. 7-11, a copy of the motion, together with proof
of service pursuant to Civil L.R. 5-6, must be served on all known parties to each apparently related
action. A Chambers copy of the motion must be lodged with the assigned Judge in each apparently
related case under Civil L.R. 5-1(b).” Civil L.R. 3-12(b).
Case No. No. 3:11-CV-03954-NC -- ADMININSTRATIVE MOTION TO CONSIDER WHETHER
CASES SHOULD BE RELATED

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III.

CONCLUSION
Diamond and Petru satisfy the criteria of Civil Local Rule 3-12. Therefore, Plaintiff Patsy

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Diamond respectfully requests that Diamond be deemed related to Petru and that Diamond be

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assigned to the Honorable Edward M. Chen, the Judge assigned to the low numbered case, Petru.

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DATED: August 19, 2011

RAM, OLSON, CEREGHINO
& KOPCZYNSKI LLP

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By:

/s/ Michael F. Ram
Michael F. Ram (SBN 104805)
RAM, OLSON, CEREGHINO
& KOPCZYNSKI LLP
555 Montgomery Street. Suite 820
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Eugene A. Spector
Jeffrey L. Kodroff
Jonathan M. Jagher
SPECTOR ROSEMAN KODROFF
& WILLIS P.C.
1818 Market Street, Suite 2500
Philadelphia, Pennsylvania 19103
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff

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Case No. No. 3:11-CV-03954-NC -- ADMININSTRATIVE MOTION TO CONSIDER WHETHER
CASES SHOULD BE RELATED

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