"The Apple iPod iTunes Anti-Trust Litigation"

Filing 190

MOTION for Leave to File Response to Plaintiffs' Reply Memorandum in Support of 165 MOTION Class Certification filed by Apple Inc.. Motion Hearing set for 12/15/2008 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Attachment)(Mittelstaedt, Robert) (Filed on 12/2/2008) Modified on 12/2/2008,(counsel failed to properly link to motion.) (cv, COURT STAFF).

"The Apple iPod iTunes Anti-Trust Litigation"

Doc. 190

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Robert A. Mittelstaedt #060359 Craig E. Stewart #129530 JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendant APPLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

THE APPLE iPOD iTUNES ANTITRUST LITIGATION

Case No. C 05-00037 JW C 06-04457 JW DEFENDANTS' MOTION UNDER CIVIL L.R. 7-3(d) TO FILE RESPONSE TO PLAINTIFFS' REPLY MEMORANDUM IN SUPPORT OF CLASS CERTIFICATION Date: December 15, 2008 Time: 9:00 A.M. Place: Courtroom 8, 4th Floor

SFI-598299v1

Mot. for Leave to File Response. C 05-00037 JW

Dockets.Justia.com

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Apple respectfully requests leave under Civil Local Rule 7-3(d) to file the attached 2½-page memorandum in response to plaintiffs' reply memorandum on class certification. Apple's response is limited to responding to three new arguments raised in plaintiffs' reply and to correcting plaintiffs' misstatement regarding Apple's opposition to certification of plaintiffs' section 2 claims. Apple believes that having this response in advance of the hearing will assist the Court in evaluating the parties' arguments and will permit a more efficient presentation of the issues as the hearing. Dated: December 2, 2008 JONES DAY By:/s/ Robert A. Mittelstaedt Robert A. Mittelstaedt Counsel for Defendant

SFI-598299v1

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Mot. for Leave to File Response. C 05-00037 JW