"The Apple iPod iTunes Anti-Trust Litigation"

Filing 680

ORDER by Judge James Ware terminating 486 Motion to Certify Class; terminating 573 Motion for Leave to File; terminating 579 Motion for Leave to File; terminating 604 Motion for Leave to File; terminating 605 Motion to Strike ; terminating 607 Motion for Leave to File (jwlc2, COURT STAFF) (Filed on 9/27/2011)

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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
NO. C 05-00037 JW

The Apple iPod iTunes Antitrust Litigation

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For the Northern District of California

United States District Court

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ORDER REQUIRING PARTIES TO
RENOTICE PENDING MOTIONS

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Presently before the Court are a number of pending Motions relating to class certification in

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this case.1 On June 27, 2011, the Court held a hearing on the Motion for Class Certification. In

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response to the parties’ contentions in the papers submitted prior to the June 27 hearing and in oral

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argument, the Court granted the parties additional time to submit Supplemental Expert Reports re:

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Class Certification. (See Docket Item No. 672.) In particular, the Court granted Defendant leave to

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submit its Supplemental Rebuttal Expert Report re: Class Certification on or before November 14,

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2011. (Id. at 2.)

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(See Plaintiffs’ Notice of Motion and Renewed Motion for Class Certification and
Appointment of Lead Class Counsel, Docket Item No. 486; Request for Leave to File Brief
Response to Apple’s Objections to Plaintiffs’ Evidence Filed in Support of Reply in Support of
Plaintiffs’ Renewed Motion for Class Certification, Docket Item No. 573; Motion for Leave to File
Supplemental Objections to Reply Declaration of Roger C. [sic] Noll and Supplemental Opposition
to Class Certification Motion, Docket Item No. 579; Plaintiffs’ Notice of Motion and Motion for
Leave to File Plaintiffs’ Motion to Strike the Supplemental Expert Report of Dr. Michelle M. Burtis,
Ph.D., Docket Item No. 604; Plaintiffs’ Notice of Motion and Motion to Strike the Supplemental
Expert Report of Dr. Michelle M. Burtis, Ph.D., Docket Item No. 605; and Plaintiffs’ Notice of
Motion and Motion for Leave to File Plaintiffs’ Opposition to Apple’s Supplemental Objections to
Reply Declaration of Roger G. Noll and Supplemental Opposition to Class Certification Motion,
Docket Item No. 607 (collectively, “Pending Motions”).)

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In light of the Court’s grant of additional time for the parties to complete their Supplemental

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Expert Reports, and in order to control its own docket, the Court ORDERS all pending Motions

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terminated and renoticed. Upon renoticing, the Motions remain under submission pending the

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parties’ Supplemental Briefs.

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Dated: September 27, 2011

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JAMES WARE
United States District Chief Judge

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For the Northern District of California

United States District Court

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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: September 27, 2011

Richard W. Wieking, Clerk

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By:

/s/ JW Chambers
Susan Imbriani
Courtroom Deputy