"The Apple iPod iTunes Anti-Trust Litigation"

Filing 700

ORDER re 698 Brief filed by Mariana Rosen, Somtai Troy Charoensak, Melanie Tucker. Signed by Judge James Ware on January 12, 2012. (jwlc2, COURT STAFF) (Filed on 1/12/2012)

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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 RE. JOINT PROPOSAL
REGARDING NOTICE PLAN

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Presently before the Court is the parties’ Joint Proposal Regarding Notice Plan. (hereafter,

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“Joint Proposal,” Docket Item No. 698.) In their Joint Proposal, the parties contend that

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dissemination of notice to the class in this case should “be deferred until after the Ninth Circuit rules

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on Apple’s Rule 23(f) petition for interlocutory review of [the] Court’s November 22, 2011 class-

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certification decision.”1 (Id. at 2.) In particular, the parties contend that deferral of the

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dissemination of notice will “avoid the possibility of the Class receiving two conflicting [n]otices,”

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which will “serv[e] the public interest by avoiding ‘the risk of significantly confusing the class

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consumers.’”2

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Upon review, the Court finds good cause to defer the dissemination of notice until after the
Ninth Circuit has ruled on Defendant Apple’s Petition. Accordingly, the Court declines to consider

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On December 6, 2011, Defendant Apple filed a Petition for Permission to Appeal Order
Granting Class Certification pursuant to Fed. R. Civ. P. 23(f) with the Ninth Circuit. (hereafter,
“Petition,” Docket Item No. 697.)
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(Id. (citing Order Granting Defendants’ Motion to Stay Proceedings at 6, Docket Item No.
493 in No. C 07-05152 JW).)

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the Joint Proposal at this time. If the Ninth Circuit denies the Petition, the parties shall renotice the

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Joint Proposal within ten days of the Ninth Circuit’s ruling.

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Dated: January 12, 2012

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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: January 12, 2012

Richard W. Wieking, Clerk

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By:

/s/ JW Chambers
Susan Imbriani
Courtroom Deputy