"The Apple iPod iTunes Anti-Trust Litigation"

Filing 128

ORDER re: 119 Plaintiffs' Motion for Administrative Relief (jwlc2, COURT STAFF) (Filed on 7/20/2007)

"The Apple iPod iTunes Anti-Trust Litigation"

Doc. 128

Case 5:05-cv-00037-JW

Document 128

Filed 07/20/2007

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1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 05-00037 JW C 06-04457 JW ORDER RE: PLAINTIFFS' MOTION FOR ADMINISTRATIVE RELIEF /

United United States District Court

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For the Northern District of California

The Apple iPod iTunes Antitrust Litigation

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Presently before the Court is Plaintiffs' Motion for Administrative Relief. (hereafter, "Motion," Docket Item No. 119.) Plaintiffs contend that the Court should not extend the discovery bifurcation order previously entered in Charoensak, et al. v. Apple Computer, Inc., No. C 05-00037 JW to the present consolidated action. (Motion at 2.) Defendant opposes Plaintiffs' motion, contending, inter alia, that (1) Plaintiffs have sought overbroad discovery and (2) Defendant has produced, or agreed to produce, all documents material to class certification. (See Apple, Inc.'s Opposition to Plaintiffs' Motion for Administrative Relief, Docket Item No. 123.) The Court has not yet formally addressed whether discovery should be limited prior to class certification in this consolidated action. Having considered the parties' filings, the Court orders the parties to limit their discovery to the following issues at this time: (1) class certification issues; (2) the preliminary issues of Defendant's organizational structure and document retention policies; (3)

Dockets.Justia.com

Case 5:05-cv-00037-JW

Document 128

Filed 07/20/2007

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Plaintiffs' iPods and computer hard drives; and (4) the production of documents whose production would impose only a de minimis burden on either party.1 This discovery limitation is effective through the next case management conference, which will be held after Defendant files and serves its opposition to Plaintiffs' anticipated motion for class certification. At that time, the Court will consider whether the discovery limitation should be continued and whether additional discovery should occur before Plaintiffs file their reply in support of motion for class certification. The Court refers any further discovery disputes to Magistrate Judge Trumbull.

Dated: July 20, 2007

United States District Court

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For the Northern District of California

JAMES WARE United States District Judge

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 These documents may include documents already produced by Defendant in European litigation, government investigations involving similar claims against Defendant, and documents and deposition transcripts produced by Defendant as a third-party litigant in the In re Napster, Inc. Copyright Litigation, No. MDL-00-1369 (MHP) (N.D. Cal.). 2
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Case 5:05-cv-00037-JW

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Filed 07/20/2007

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Andrew S. Friedman [e-mail] Bonny E. Sweeney [e-mail] Brian P Murray [e-mail] Caroline Nason Mitchell [e-mail] Gregory Steven Weston [e-mail] Jacqueline Sailer [e-mail] John J. Stoia [e-mail] Michael David Braun [e-mail] Robert Allan Mittelstaedt [e-mail] Roy A. Katriel [e-mail] Thomas J. Kennedy [e-mail] Tracy Strong [e-mail] Dated: July 20, 2007 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

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For the Northern District of California

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