"The Apple iPod iTunes Anti-Trust Litigation"

Filing 168

STIPULATION AND ORDER as Further Modified by the Court Modifying Class Certification Briefing Schedule re (28 in 5:07-cv-06507-JW) Stipulation filed by Stacie Somers, (167 in 5:05-cv-00037-JW) Stipulation filed by Melanie Tucker. Joint Case Management Conference statement due 9/26/2008. Interim Case Management Conference set for 10/6/2008 10:00 AM Plaintiff's 165 Motion for Class Certification (Direct Case) Hearing set for 12/15/2008 09:00 AM, and Plaintiff's Motion for Class Certification (Indirect Case) Hearing set for 4/20/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose.. Signed by Judge James Ware on 8/20/2008. (ecg, COURT STAFF) (Filed on 8/20/2008) Modified on 10/20/2008 (cv, COURT STAFF).

"The Apple iPod iTunes Anti-Trust Litigation"

Doc. 168

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) ) ) This Document Relates To: ) ) ALL ACTIONS. ) STACIE SOMERS, On Behalf Of Herself And ) ) All Others Similarly Situated, ) ) Plaintiff, ) ) vs. ) ) APPLE, INC., a California corporation, ) ) Defendant. ) _ Lead Case No. C-05-00037-JW(RS) CLASS ACTION [PROPOSED] ORDER MODIFYING CLASS CERTIFICATION BRIEFING SCHEDULE Case No. C 07-6507 JW CLASS ACTION

12 THE APPLE IPOD ITUNES ANTI-TRUST LITIGATION 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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Good cause appearing, therefore, and pursuant to the stipulation of the parties, IT IS

2 HEREBY ORDERED that the following pretrial schedule is adopted: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
[PROPOSED] ORDER MODIFYING CLASS CERTIFICATION BRIEFING SCHEDULE - C05-00037-JW(RS)

Interim Case Management Conference: Last day to file Defendant's submission in opposition to class certification (Direct Case): Last day to file Plaintiffs' reply submission in support of class certification (Direct Case): Hearing on Plaintiffs' Motion for Class Certification (Direct Case):

September 2008 at October 6, 22, 200810 a.m. October 17, 2008 November 17, 2008

December 8, 2008 (or 9 a.m. December 15, 2008 at any date convenient for the Court)
December 1, 2008 February 12, 2009 March 30, 2009

Last day to file Plaintiff's Motion for Class Certification (Indirect Case): Last day to file Defendant's submission in opposition to class certification (Indirect Case): Last day to file Plaintiff's reply submission in support of class certification (Indirect Case):

Hearing on Plaintiffs' Motion for Class Certification (Indirect Case):

April 20, 2009 at 9 a.m.

The Court has granted the parties' stipulation regarding the briefing and hearing schedule for the Class Certification motions. In light of the age of the Direct case, the Court encourages the parties to continue in good faith to engage in further mediation. However, the schedule as modified by the Court above shall stay in effect and shall not be further modified by Stipulation. On or before September 26, 2008, the parties from both the Direct and Indirect cases shall file a Joint Case Management Statement. The Statement shall, among other things, inform the Court of the parties' mediation efforts. The Court notes that the parties had failed to timely file their Joint Statement for the August 25, 2008 conference, even after they were given an extension. It is imperative for the parties to meet the Court's deadlines and not simply ignore them without proper communication with the Court.

Dated: August 20, 2008

___________________________________ JAMES WARE United States District Judge

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