Ruane-Gonzales v. Apple Inc. et al

Filing 21

STIPULATION AND ORDER EXTENDING TIME TO ANSWER AND RESETTING CMC re 17 Stipulation filed by HarperCollins Publishers, Inc. Case Management Statement due by 6/22/2012. Case Management Conference set for 6/29/2012 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 12/27/11. (bpf, COURT STAFF) (Filed on 12/27/2011)

1 RAOUL D. KENNEDY (STATE BAR NO. 40892)
[e-mail]
2 RICHARD S. HORVATH, JR. (STATE BAR NO. 254681)
[e-mail]
3 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
525 University Avenue, Suite 1100
4 Palo Alto, California 94301
Telephone: [phone]
5 Facsimile: [phone]
6 PAUL M. ECKLES (STATE BAR NO. 181156)
[e-mail]
7 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
4 Times Square
8 New York, New York 10036
Telephone: [phone]
9 Facsimile: [phone]
10 Attorneys for Specially Appearing Defendant
HARPERCOLLINS PUBLISHERS L.L.C.
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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14 EUGENIA RUANE-GONZALES,
Individually and on Behalf of All Others
15 Similarly Situated,
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Plaintiff,
vs.

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

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CASE NO. 3:11-CV-04500-EMC
STIPULATION AND [PROPOSED]
ORDER REGARDING (1) EXTENDING
TIME TO RESPOND TO THE
COMPLAINT AND (2) CASE
COORDINATION

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME

CASE NO. 3:11-CV-04500-EMC

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STIPULATION AND [PROPOSED] ORDER REGARDING (1) EXTENDING TIME TO
RESPOND TO THE COMPLAINT AND (2) CASE COORDINATION
WHEREAS, there have been multiple actions related to the above-captioned action

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filed in both the Northern District of California and the Southern District of New York (the
“Actions”);
WHEREAS, on September 9, 2011, the court in the New York Actions entered a
stipulation and order providing that the time for defendants Hachette Book Group, Inc.,
HarperCollins Publishers L.L.C. (incorrectly sued as “HarperCollins Publishers, Inc.”),
Holtzbrinck Publishers, LLC d/b/a Macmillan (incorrectly sued as Macmillan Publishers, Inc.),
Penguin Group (USA) Inc., Simon & Schuster, Inc., and Apple, Inc. (collectively, “Defendants”) to
answer, move, or otherwise respond to the complaints in the New York Actions would be enlarged
to the 60th day after the Actions have been consolidated in a single forum and a consolidated
amended complaint has been filed (or lead plaintiffs’ counsel has announced by filed notice that it
will not be filing a consolidated amended complaint);
WHEREAS, on October 3, 2011, the parties have filed a stipulation providing that
Defendants’ time to answer, move, or otherwise respond to the complaint in this action would be
enlarged until December 15, 2011, and without prejudice to Defendants seeking a further
enlargement of the time to answer, move, or otherwise respond;
WHEREAS, on October 13, 2011, the Court related the above-captioned action to
Petru, et. al. v. Apple, Inc., et al., C.A. No. 3:11-03892 (N. D. Cal.);
WHEREAS, pursuant to the Clerk’s Notice dated November 2, 2011, the Initial
Case Management Conference in the above-captioned action is scheduled for January 6, 2012;
WHEREAS, on December 9, 2011, the Judicial Panel on Multidistrict Litigation
(the “JPML”) issued an order pursuant to 28 U.S.C. § 1407 to transfer Petru, et. al. v. Apple, Inc.,
et al., C.A. No. 3:11-03892 and Diamond, et al. v. Apple, Inc., et al., C.A. No. 3:11-03954,
currently pending in the Northern District of California, to the Southern District of New York and
assign them to the Honorable Denise L. Cote for coordinated and consolidated pretrial proceedings

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME

CASE NO. 3:11-CV-04500-EMC

1 with the actions already pending in the Southern District of New York, In re Electronic Books
2 Antitrust Litigation, MDL Docket No. 2293 (the “Consolidated New York Actions”);
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WHEREAS, on December 9, 2011, counsel, who purported to act on behalf of

4 plaintiffs in ten of the eleven Actions filed in this Court, sent a letter to Judge Cote regarding case
5 administration of the Actions;
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WHEREAS, lead plaintiffs’ counsel has not yet been appointed in the Consolidated

7 New York Actions;
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WHEREAS, the parties anticipate that the remaining Actions currently pending in

9 this Court will be transferred to Judge Cote for coordinated and consolidated pretrial proceedings
10 with the Consolidated New York Actions;
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WHEREAS, the parties have agreed that the response date in this action should not

12 come prior to the response date stipulated to in the Consolidated New York Actions;
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WHEREAS, the parties have agreed that further case administration should take

14 place in connection with the Consolidated New York Actions;
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WHEREAS, the parties agree that submission of this Stipulation should be without

16 prejudice to any of Plaintiff’s claims or Defendants’ defenses;
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WHEREAS, unless otherwise provided for herein, this Stipulation will not modify

18 the schedule of this case;
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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and

20 between Plaintiff and Defendants, as follows:
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1.

Pursuant to Civil Local Rules 6-1, 6-2 and 7-12, Defendants’ time to answer,

22 move, or otherwise respond to the complaint is hereby extended to the 60th day after a
23 consolidated amended complaint has been filed in the Consolidated New York Actions (or lead
24 plaintiffs’ counsel has announced by filed notice that it will not be filing a consolidated amended
25 complaint);
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2.

Pursuant to Civil Local Rules 16-2 and 7-12, the parties hereby stipulate that

27 the Initial Case Management Conference with this Court scheduled for January 6, 2011, should be
28 taken off calendar, as well as all dates required under Federal Rules of Civil Procedure 16 and 26
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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME

CASE NO. 3:11-CV-04500-EMC

1 related to that Initial Case Management Conference, without prejudice to Plaintiff’s and
2 Defendants’ positions as to the dates on which these events should occur in the Consolidated New
3 York Actions;
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3.

Further case adminsitration, including the negotiation of any brief scheduling

5 beyond the time for Defendants’ time to answer, move, or otherwise respond to the complaint and
6 any pre-trial conferences governed by Federal Rules of Civil Procedure 16 and 26, shall occur in
7 connection with the Consolidated New York Actions;
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4.

If any of the Defendants that are a party to this Stipulation responds to a

9 complaint in any of the Actions prior to the time provided in this Stipulation, Defendants will
10 respond to the complaint in this action at the same time;
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5.

None of Plaintiff’s claims or Defendants’ defenses are prejudiced or waived

12 by its submission of this Stipulation; and
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6.

This stipulation is without prejudice to the right of any party to seek a further

14 adjustment to any of the dates contained in this stipulation based on future developments
15 DATED: December 14, 2011
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SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP

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By:

/s/ Raoul D. Kennedy
RAOUL D. KENNEDY

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525 University Ave., Suite 1100
Palo Alto, California 94301
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Specially Appearing Defendant
HARPERCOLLINS PUBLISHERS L.L.C.

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I, Raoul D. Kennedy, am the ECF User whose ID and password are being used to file this
24 Stipulation and [Proposed] Order Regarding: (1) Extending Time to Respond to the Complaint and
(2) Case Coordination. In compliance with General Order 45, X.B., I hereby attest that each of the
25 following signatories has concurred in this filing.
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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME

CASE NO. 3:11-CV-04500-EMC

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SHEARMAN & STERLING LLP

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By:

/s/ James Donato
JAMES DONATO

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Four Embarcadero Center, Suite 3800
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Specially Appearing Defendant
HACHETTE BOOK GROUP, INC.

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SIDLEY AUSTIN LLP
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By:
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/s/ Samuel R. Miller
SAMUEL R. MILLER

555 California Street
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Specially Appearing Defendant
HOLTZBRINCK PUBLISHERS, LLC D/B/A
MACMILLAN

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AKIN GUMP STRAUSS HAUER & FELD LLP
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By:
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/s/ Reginald D. Steer
REGINALD D. STEER

580 California Street, Suite 1500
San Francisco, California 94104-1036
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Specially Appearing Defendant
PENGUIN GROUP (USA) INC.

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME

CASE NO. 3:11-CV-04500-EMC

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WEIL, GOTSHAL & MANGES LLP

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By:

/s/ Gregory D. Hull
GREGORY D. HULL

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201 Redwood Shores Parkway
Redwood Shores, California 94065
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Specially Appearing Defendant
SIMON & SCHUSTER, INC.

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GIBSON, DUNN & CRUTCHER LLP
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By:
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/s/ Daniel S. Floyd
DANIEL S. FLOYD

333 South Grand Avenue
Los Angeles, CA 90071-3197
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Specially Appearing Defendant
APPLE INC.

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SHULMAN LAW

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By:

/s/ Harry Shulman
HARRY SHULMAN

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44 Montgomery St.
Suite 3830
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
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PURSUANT TO STIPULATION, IT IS SO ORDERED. The CMC is reset to 6/29/12 at 9:00 a.m.
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12/27
S DISTRICT A joint CMC statement shall be filed by
Dated: _______________, 2011
TE
C 6/22/12.
TA
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By:
Hon. Edward M. Chen
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U.S. DISTRICT COURT JUDGE
DERED
SO OR ED
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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME

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CASE NO. 3:11-CV-04500-EMC