"The Apple iPod iTunes Anti-Trust Litigation"

Filing 225

ORDER FOLLOWING CASE MANAGEMENT CONFERENCE. Briefing on all motions shall be completed on or before 9/14/2009. At the completion of the briefing, the moving party shall compile a three ring binder due on or before 9/28/2009. Motion Hearing set for 10/5/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 6/30/2009. (ecg, COURT STAFF) (Filed on 6/30/2009)

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 The Apple iPod iTunes Antitrust Litigation NO. C 05-00037 JW ORDER FOLLOWING CASE MANAGEMENT CONFERENCE / 13 On June 30, 2009, the Court conducted a case management conference. Counsel for the 14 respective parties were present. Based on the discussion at the conference, the Court orders as 15 follows: 16 (1) 17 anticipated Fed. R. Civ. P. Rule 12(c) Motion with respect to Plaintiffs' rule of reason 18 tying claim. Also for consideration at the October 5 hearing, Defendant shall make 19 any motion to modify the definition of the previously certified class, in light of 20 Defendant's recent decision to offer iTunes products without digital rights 21 management software. Briefing for these motions shall be conducted in accordance 22 with the applicable Civil Local Rules. 23 (2) 24 form of class notice, along with any issues relating to the means of disseminating the 25 notice and obtaining discovery necessary for dissemination of the notice. 26 27 28 In addition, at the October 5, 2009 hearing, the parties shall be prepared to discuss the On October 5, 2009 at 9 a.m., the parties shall appear for a hearing on Defendant's

United States District Court

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For the Northern District of California

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(3)

The parties may commence merits discovery.

The parties may Stipulate to a briefing schedule for these anticipated Motions. However, all briefing on all motions shall be completed on or before September 14, 2009. At the completion of the briefing, the moving party shall compile a three ring binder, to be lodged with the Court, containing (1) the motion and any supporting memorandum of law; (2) the opposition memorandum; (3) any reply memorandum; and (4) any exhibits in support or opposition to the motion, which shall be clearly labeled. These binders shall be delivered to the Court by way of the Clerk's office on or before September 18, 2009 at 2 p.m.

Dated: June 30, 2009 JAMES WARE United States District Judge

United States District Court

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For the Northern District of California

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Adam Richard Sand [e-mail] Alreen Haeggquist [e-mail] Andrew S. Friedman [e-mail] Bonny E. Sweeney [e-mail] Brian P Murray [e-mail] Caroline Nason Mitchell [e-mail] Craig Ellsworth Stewart [e-mail] David Craig Kiernan [e-mail] Francis Joseph Balint [e-mail] Helen I. Zeldes [e-mail] Jacqueline Sailer [e-mail] John J. Stoia [e-mail] Michael D Braun [e-mail] Michael D. Braun [e-mail] Robert Allan Mittelstaedt [e-mail] Roy A. Katriel [e-mail] Thomas J. Kennedy [e-mail] Thomas Robert Merrick [e-mail] Tracy Strong [e-mail]

United States District Court

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For the Northern District of California

12 13 Dated: June 30, 2009 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy Richard W. Wieking, Clerk