"The Apple iPod iTunes Anti-Trust Litigation"

Filing 165

MOTION to Certify Class and Appoint Class Counsel filed by Melanie Tucker. Motion Hearing set for 11/10/2008 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Proposed Order [Proposed] Order Appointing Coughlin Stoia and The Katriel Law Firm as Co-Lead Class Counsel)(Sweeney, Bonny) (Filed on 7/21/2008) Modified on 12/2/2008 (cv, COURT STAFF).

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 THE APPLE IPOD ITUNES ANTI-TRUST 12 LITIGATION 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This Document Relates To: ALL ACTIONS. ) ) ) ) ) ) ) ) Lead Case No. C-05-00037-JW(RS) CLASS ACTION [PROPOSED] ORDER APPOINTING COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP AND THE KATRIEL LAW FIRM AS CO-LEAD CLASS COUNSEL JUDGE: DATE: TIME: CTRM: Hon. James Ware November 10, 2008 9:00 a.m. 8-4th Floor

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Pursuant to Fed. R. Civ. P. 23(g), plaintiffs Melanie Tucker, Mariana Rosen, and Somtai

2 Troy Charoensak move this Court for an appointment of Coughlin Stoia Geller Rudman & Robbins 3 LLP ("Coughlin Stoia") and The Katriel Law Firm as co-lead class counsel. After considering the 4 materials submitted, the arguments of counsel, and the record in this case, the Court finds: 5 1. Coughlin Stoia and The Katriel Law Firm will fairly and adequately represent the

6 interests of the proposed class (the "Class") within the meaning of Fed. R. Civ. P. 23(g)(1)(B); 7 2. Coughlin Stoia and The Katriel Law Firm have investigated the facts and legal

8 theories on behalf of its clients and the Class; and 9 3. Coughlin Stoia and The Katriel Law Firm have the experience in complex litigation,

10 knowledge of antitrust law, and financial resources necessary to represent the Class. 11 FOR GOOD CAUSE SHOWN, it is ordered that the motion to appoint Coughlin Stoia and

12 The Katriel Law Firm as class counsel shall, in its discretion: 13 1. Direct the prosecution of this litigation and coordinate the work of all plaintiffs'

14 counsel in a manner that assures that the litigation is prosecuted effectively and efficiently; 15 2. Be responsible for all briefing and oral argument, and present the position of plaintiffs

16 and the Class (either personally or by designee) to the Court and opposing parties with respect to all 17 matters arising during pretrial and trial proceedings; 18 19 20 21 3. 4. 5. 6. Act as or designate spokespersons for the Class at pretrial conferences and hearings; Coordinate and conduct discovery, pretrial proceedings and trial; Try the case on behalf of plaintiffs and the Class; Conduct and consummate settlement negotiations on behalf of plaintiffs and the Class

22 (as appropriate); 23 7. Perform such other duties as may be incidental to proper coordination of pretrial and

24 trial activities or as authorized or required by further Order of the Court; and 25 8. Distribute all notices, orders and decisions of the Court to all plaintiffs' counsel to the

26 extent not communicated directly by the Court. 27 28
[PROPOSED] ORDER APPOINTING COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP AND THE KATRIEL LAW FIRM AS CO-LEAD CLASS COUNSEL - C-05-00037-JW(RS)

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This Order does not limit the right of other plaintiffs' counsel to be heard on matters not

2 susceptible to joint or common action, or when genuine and substantial divergence of opinion exists 3 among plaintiffs' counsel, provided class counsel is first apprised of such matters. 4 5 6 IT IS SO ORDERED. ____________________________________ THE HONORABLE JAMES WARE UNITED STATES DISTRICT JUDGE * * ORDER *

7 DATED: _________________________ 8 9 Submitted by: 10 11 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 12 BONNY E. SWEENEY 655 West Broadway, Suite 1900 13 San Diego, CA 92101 Telephone: [phone] (fax) 15 THE KATRIEL LAW FIRM ROY A. KATRIEL 16 1101 30th Street, N.W., Suite 500 Washington, DC 20007 17 Telephone: [phone] (fax) 18 Co-Lead Counsel for Plaintiffs 19 BONNETT, FAIRBOURN, FRIEDMAN 20 & BALINT, P.C. ANDREW S. FRIEDMAN 21 FRANCIS J. BALINT, JR. ELAINE A. RYAN 22 TODD D. CARPENTER 2901 N. Central Avenue, Suite 1000 23 Phoenix, AZ 85012 Telephone: [phone] (fax) 25 BRAUN LAW GROUP, P.C. MICHAEL D. BRAUN 26 12304 Santa Monica Blvd., Suite 109 Los Angeles, CA 90025 27 Telephone: [phone] (fax) 28

[PROPOSED] ORDER APPOINTING COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP AND THE KATRIEL LAW FIRM AS CO-LEAD CLASS COUNSEL - C-05-00037-JW(RS)

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1 MURRAY, FRANK & SAILER LLP 2 BRIAN P. MURRAY JACQUELINE SAILER 3 275 Madison Avenue, Suite 801 New York, NY 10016 4 Telephone: [phone] (fax) 5 GLANCY BINKOW & GOLDBERG LLP 6 MICHAEL GOLDBERG 1801 Avenue of the Stars, Suite 311 7 Los Angeles, CA 90067 Telephone: [phone] (fax) 9 Additional Counsel for Plaintiffs 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
[PROPOSED] ORDER APPOINTING COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP AND THE KATRIEL LAW FIRM AS CO-LEAD CLASS COUNSEL - C-05-00037-JW(RS)
S:\CasesSD\Apple Tying\ORD00052764.doc

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CERTIFICATE OF SERVICE I hereby certify that on July 21, 2008, I electronically filed the foregoing with the Clerk of

3 the Court using the CM/ECF system which will send notification of such filing to the e-mail 4 addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I have 5 mailed the foregoing document or paper via the United States Postal Service to the non-CM/ECF 6 participants indicated on the attached Manual Notice List. 7 I certify under penalty of perjury under the laws of the United States of America that the

8 foregoing is true and correct. Executed on July 21, 2008. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 s/ BONNY E. SWEENEY BONNY E. SWEENEY COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 655 West Broadway, Suite 1900 San Diego, CA 92101-3301 Telephone: [phone] (fax) E-mail:[e-mail]

CAND-ECF

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Mailing Information for a Case 5:05-cv-00037-JW
Electronic Mail Notice List
The following are those who are currently on the list to receive e-mail notices for this case. Joseph Balint , Jr [e-mail]
Francis

David Braun [e-mail]
Michael

S. Friedman [e-mail],[e-mail]
Andrew

A. Katriel [e-mail],[e-mail]
Roy

J. Kennedy [e-mail]
Thomas

Nason Mitchell [e-mail],[e-mail],[e-mail]
Caroline

Allan Mittelstaedt [e-mail],[e-mail]
Robert

P Murray [e-mail]
Brian

Sailer [e-mail]
Jacqueline

Richard Sand , Esq [e-mail]
Adam

J. Stoia , Jr [e-mail]
John

Strong [e-mail],[e-mail]
Tracy

E. Sweeney [e-mail],[e-mail],[e-mail]
Bonny

I. Zeldes [e-mail],[e-mail]
Helen

https://ecf.cand.uscourts.gov/cgi-bin/MailList.pl?378725829877824-L_470_0-1

7/21/2008

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Manual Notice List
The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who therefore require manual noticing). You may wish to use your mouse to select and copy this list into your word processing program in order to create notices or labels for these recipients.
Todd David Carpenter Bonnett, Fairbourn, Friedman, & Balint 2901 N. Central Avenue Suite 1000 Phoenix, AZ 85012 Elaine A. Ryan Bonnett Fairbourn Friedman & Balint, P.C 2901 N. Central Avenue Suite 1000 Phoenix, AZ 85012

https://ecf.cand.uscourts.gov/cgi-bin/MailList.pl?378725829877824-L_470_0-1

7/21/2008