"The Apple iPod iTunes Anti-Trust Litigation"

Filing 412

MOTION to Shorten Time for Briefing and Hearing Defendant's 410 Motion to Compel filed by Apple Inc.. (Attachments: # 1 Proposed Order)(Kiernan, David) (Filed on 12/27/2010) Modified on 12/28/2010(counsel failed to properly link to motion.) (cv, COURT STAFF).

1 2 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

Robert A. Mittelstaedt #60359 [e-mail] Craig E. Stewart #129530 [e-mail] David C. Kiernan #215335 [e-mail] Michael Scott #255288 [e-mail] JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant APPLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

THE APPLE iPOD iTUNES ANTI-TRUST LITIGATION.

Case No. C 05-00037 JW (HRL) [CLASS ACTION] DEFENDANT'S ADMINISTRATIVE MOTION TO SHORTEN TIME FOR BRIEFING AND HEARING DEFENDANT'S MOTION TO COMPEL

Defendant Apple Inc. requests that the Court shorten the time for briefing and hearing Defendant's Motion To Compel Responses To Interrogatories and Document Requests that was filed contemporaneously herewith. Specifically, Apple requests that the hearing be held on January 18, 2011, the same day that Apple's motion for a protective order (Dkt. 396) is scheduled to be heard before this Court. Apple proposes that Plaintiffs' opposition be filed by January 6, 2011 and that Apple's reply be filed by January 11, 2011. Plaintiffs do not consent to Apple's request for a shortened schedule. Declaration of David C. Kiernan In Support Of Defendant's Administrative Motion To Shorten Time For Briefing And Hearing Defendant's Motion To ___ 1
Defendant's Administrative Motion to Shorten Time C 05-00037 JW (HRL)

1 2 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

Compel ("Kiernan Decl."), ¶ 2, Ex. A. Plaintiffs are seeking to avoid their obligation to provide basic discovery about their contentions. On October 27, 2010, Apple served interrogatories and document requests that asked Plaintiffs to state all facts and produce all documents that support the core contentions in the amended complaint. Despite a two week extension to respond, Plaintiffs failed to provide substantive answers to 20 of the 22 interrogatories, including interrogatories asking for facts supporting their contentions regarding Apple's alleged exclusionary conduct, the alleged relevant antitrust product markets, Plaintiffs' alleged damages, and Plaintiffs' use of Apple's music and iPods. Plaintiffs also failed to produce documents in response to three document requests. Instead, they recycled boilerplate objections that they withdrew during the meet and confer process. Kiernan Decl. ¶ 3. Discovery closed on December 20, 2010. (Dkt. 384.) Plaintiffs have now agreed to supplement and provide complete responses to all of the outstanding discovery. Kiernan Decl. ¶ 4. Their only complaint is that they say they need more time to provide responses, as much as three months for the majority of the outstanding requests, despite the January 17, 2011 deadline for Apple's renewed Rule 56 motion and Plaintiffs' motion for class certification. Plaintiffs' only argument in support of a three month delay is their need for time to review documents produced by Apple. But Plaintiffs offer no reason why they could not provide any other information in their possession, including the information on which their allegations were originally based or any other information received and reviewed by them since they filed their complaint. By refusing to agree to shorten time, Plaintiffs are simply trying to buy yet more time. They offer no reason why the 10 days offered by Apple for Plaintiffs to draft their opposition to the Motion to Compel is insufficient. CONCLUSION Apple respectfully requests that this Court grant its request to shorten time on the briefing and hearing on Apple's Motion to Compel.

-2-

Defendant's Administrative Motion to Shorten Time C 05-00037 JW (HRL)

1 2 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

Dated: December 27, 2010

Jones Day

By: /s/David C. Kiernan David C. Kiernan Attorneys for Defendant APPLE INC.

SFI-657838v2

-3-

Defendant's Administrative Motion to Shorten Time C 05-00037 JW (HRL)