"The Apple iPod iTunes Anti-Trust Litigation"

Filing 654

ORDER by Judge James Ware granting 652 Motion for Extension of Time to File (jwlc2, COURT STAFF) (Filed on 6/29/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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The Apple iPod iTunes Antitrust Litigation

NO. C 05-00037 JW
ORDER GRANTING MOTION TO
EXTEND TIME

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For the Northern District of California

United States District Court

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Presently before the Court is Plaintiffs’ Motion to Extend Time.1 On June 27, 2011, the

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Court ordered Plaintiffs to file a Supplemental Declaration by their expert, Roger G. Noll, on or

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before July 5, 2011, and ordered Defendant to file its Response to the Supplemental Declaration, if

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any, on or before July 8, 2011. (See Docket Item No. 650.) In addition, the Court ordered the

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parties to meet and confer and suggest to the Court a suitable schedule for the parties to submit

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Supplemental Expert Reports, and ordered that the parties submit a Stipulation on that schedule on

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or before July 8, 2011. (Id. at 1 n.1.)

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In their Motion, Plaintiffs move that the Court modify its June 27 Order and extend by one

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week the deadlines for the filing of their Supplemental Declaration and Defendant’s Response.

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(Motion at 1.) Plaintiffs further move the Court to extend time for the parties to file a Stipulation

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regarding the submission of Supplemental Expert Reports until July 15, 2011. (Id.) To date,

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Defendant has not filed an Opposition to Plaintiffs’ Motion to Extend Time.2 However, because any

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(Plaintiffs’ Motion to Extend Time to File Supplemental Declaration and Submit Proposed
Schedule for Supplemental Expert Reports, hereafter, “Motion,” Docket Item No. 652.)
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However, Plaintiffs contend that Defendant “does not oppose” extending the deadlines for
the Supplemental Declaration and Response, but Defendant “does not agree” to extending time for
the parties to file a Stipulation as to the submission of Supplemental Expert Reports. (Motion at 1.)

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modification would not prejudice Defendant, the Court finds that it can address this administrative

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Motion without a formal Opposition from Defendant.

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The Civil Local Rules provide: “After receiving a motion to enlarge or shorten time and any

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opposition, the Judge may grant, deny, modify the requested time change or schedule the matter for

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additional briefing or a hearing.” See Civ. L.R. 6-3(d).

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Upon review, the Court finds good cause to GRANT Plaintiffs’ Motion to Extend Time and
ORDERS as follows:
(1)

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their expert, Roger G. Noll, as set forth in the Court’s June 27 Order.
(2)

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For the Northern District of California

United States District Court

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On or before July 18, 2011, Plaintiffs shall file the Supplemental Declaration from

On or before July 22, 2011, Defendant shall file its Response to the Supplemental
Declaration, if any.

(3)

On or before July 22, 2011, the parties shall file their Stipulation on a schedule for
submitting Supplemental Expert Reports, as set forth in the Court’s June 27 Order.

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Dated: June 29, 2011

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JAMES WARE
United States District Chief Judge

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Alexandra Senya Bernay [e-mail]
Alreen Haeggquist [e-mail]
Andrew S. Friedman [e-mail]
Bonny E. Sweeney [e-mail]
Brian P Murray [e-mail]
Carmen Anthony Medici [e-mail]
Caroline Nason Mitchell [e-mail]
Craig Ellsworth Stewart [e-mail]
David Craig Kiernan [e-mail]
Elaine A. Ryan [e-mail]
Francis Joseph Balint [e-mail]
George A. Riley [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]
Michael Tedder Scott [e-mail]
Robert Allan Mittelstaedt [e-mail]
Roy Arie Katriel [e-mail]
Thomas J. Kennedy [e-mail]
Thomas Robert Merrick [e-mail]
Todd David Carpenter [e-mail]

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For the Northern District of California

United States District Court

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Dated: June 29, 2011

Richard W. Wieking, Clerk

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By:

/s/ JW Chambers
Susan Imbriani
Courtroom Deputy