"The Apple iPod iTunes Anti-Trust Litigation"

Filing 734

Letter to Judge Yvonne Gonzalez Rogers re entry of revised schedule, from Alexandra S. Bernay, dated 10/28/13. (Attachments: # 1 Stipulated Request for Modification of Schedule and [Proposed] Order)(Bernay, Alexandra) (Filed on 10/28/2013) Modified on 10/29/2013 (jlmS, COURT STAFF).

Atlanta
Boca Raton
Chicago

Melville
New York
Philadelphia

San Diego
San Francisco
Washington, DC

Alexandra S. Bernay
[e-mail]

October 28, 2013
VIA ECF
Honorable District Judge Yvonne Gonzalez Rogers
United States District Court
Northern District of California
Oakland Courthouse, Courtroom 5 - 2nd Floor
1301 Clay Street
Oakland, CA 94612
Re:

The Apple iPod iTunes Antitrust Litigation
Lead Case No. C-05-00037-YGR

Dear Judge Gonzalez Rogers:
I write on behalf of Class Plaintiffs and Defendant Apple Inc. in the above-named litigation. On
October 9, 2013, to accommodate several scheduling conflicts, the parties jointly requested that the
Court enter a revised schedule that pushed out all dates about two and half months so that briefing for
motions for summary judgment and to exclude experts would be completed in April 2014, instead of
January, which is the case under the current schedule. On October 22, 2013 the Court denied without
prejudice the request to push out the schedule that far, allowing the parties to submit an amended
stipulated proposed schedule. Today, the parties submit a new revised proposed schedule that gives
Plaintiffs time to complete their depositions of Apple’s experts before serving their rebuttal reports and
gives Apple time to draft motions directed at expert testimony, while still ensuring that all briefing is
completed by end of January 2014. The parties respectfully request that the Court sign this new
schedule. Certain deadlines under the current schedule are set for this week and Plaintiffs believe they
will be severely prejudiced should the schedule not be amended.
Counsel for Class Plaintiffs and Apple are available by telephone or otherwise to answer any
questions the Court may have or should the Court want to discuss further.
Respectfully submitted,

ALEXANDRA S. BERNAY
cc:

All counsel of record (via ECF)

887432_1

655 W est Br oa dway

S uite 1900

Sa n Dieg o, CA 92101

Tel [phone]

Fa x 619 231 7423

w w w.rgr dla w.c om

CERTIFICATE OF SERVICE
I hereby certify that on October 28, 2013, I authorized the electronic filing of the foregoing with
the Clerk of the Court using the CM/ECF system which will send notification of such filing to the
e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I caused
to be mailed the foregoing document or paper via the United States Postal Service to the non-CM/ECF
participants indicated on the attached Manual Notice List.
I certify under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on October 28, 2013.
s/ Alexandra S. Bernay
ALEXANDRA S. BERNAY
ROBBINS GELLER RUDMAN
& DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101-3301
Telephone: [phone]
619/231-7423 (fax)
E-mail: [e-mail]

887432_1

CAND-ECF-

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