In re Apple iPhone Antitrust Litigation

Filing 25

ORDER VACATING CASE MANAGEMENT CONFERENCE; CONSOLIDATING CASES; DENYING MOTION TO DISMISS AS MOOT, Cases associated., Motions terminated: (14 in 3:11-cv-06714-JW) MOTION to Dismiss filed by Apple Inc.. Signed by Judge James Ware on 3/20/12. (sis, COURT STAFF) (Filed on 3/20/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
NO. C 11-06714 JW
NO. C 12-00259 JW

Robert Pepper, et al.,

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Plaintiffs,
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For the Northern District of California

United States District Court

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Eric Terrell, et al.,
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ORDER VACATING CASE
MANAGEMENT CONFERENCE;
CONSOLIDATING CASES; DENYING
MOTION TO DISMISS AS MOOT

Plaintiffs,
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v.
Apple Inc.,

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Defendant.
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These cases are scheduled for a Case Management Conference on March 26, 2012. In their
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Joint Case Management Statements, all of the parties contend that these two cases should be
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consolidated.1 Further, Defendant has filed a Motion to Dismiss in one of the cases.2

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In light of the parties’ stipulation regarding consolidation of the cases, the Court finds that a
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Case Management Conference would be premature at this time, as the filing of a Consolidated
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Complaint is necessary. Accordingly, the Court VACATES the Case Management Conference.
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For good cause shown, the Court CONSOLIDATES these cases into one case. The Clerk
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shall consolidate these cases such that the earliest-filed action, No. C 11-06714 JW, is the lead case.
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(See Joint Case Management Statement at 12, Docket Item No. 22 in No. C 11-06714 JW;
Joint Case Management Statement at 12, Docket Item No. 6 in No. C 12-00259 JW.)
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(See Defendant Apple’s Notice of Motion and Motion to Dismiss; Memorandum of Points
and Authorities in Support Thereof, Docket Item No. 14 in No. C 11-06714 JW.)

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All future filings shall be in No. C 11-06714 JW and shall bear the caption: “In re Apple iPhone

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Antitrust Litigation.” Since the later action is now consumed in the first-filed action, the Clerk shall

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administratively close No. C 12-00259 JW.

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On or before March 30, 2012, Plaintiffs shall file a Consolidated Complaint. In light of this

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Order, Defendant’s Motion to Dismiss–which is currently set for hearing on April 23, 2012–is

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DENIED as moot.

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Dated: March 20, 2012
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JAMES WARE
United States District Chief Judge

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For the Northern District of California

United States District Court

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Adrian Frank Davis [e-mail]
Alexander H. Schmidt [e-mail]
Alfred Carroll Pfeiffer [e-mail]
Archis Ashok Parasharami [e-mail]
Arthur William Lazear [e-mail]
Christopher E Ondeck [e-mail]
Christopher S. Yates [e-mail]
Damian Rene Fernandez [e-mail]
Daniel Allen Sasse [e-mail]
Daniel Murray Wall [e-mail]
David Eldon Crowe [e-mail]
Donald M. Falk [e-mail]
Francis M. Gregorek [e-mail]
H. Tim Hoffman [e-mail]
Jason C. Murray [e-mail]
Jeffrey H. Howard [e-mail]
Lola Abbas Kingo [e-mail]
M. Van Smith [e-mail]
M. Van Smith [e-mail]
Marisa C. Livesay [e-mail]
Mark Carl Rifkin [e-mail]
Max Folkenflik [e-mail]
Michael Milton Liskow [e-mail]
Morgan Matthew Mack [e-mail]
Rachele R. Rickert [e-mail]
Randall Scott Newman [e-mail]
Sadik Harry Huseny [e-mail]
Satyanand Satyanarayana [e-mail]
Shari Ross Lahlou [e-mail]
Stephen DeNittis [e-mail]
Wm. Randolph Smith [e-mail]
Zachary W. Biesanz [e-mail]

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For the Northern District of California

United States District Court

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Dated: March 20, 2012

Richard W. Wieking, Clerk

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By:
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/s/ JW Chambers
Susan Imbriani
Courtroom Deputy