"The Apple iPod iTunes Anti-Trust Litigation"

Filing 99

UNOPPOSED MOTION FOR LEAVE of Court to file the Declaration of John Pisarkiewicz, Ph.D. in support of 93 motion for class certification under seal filed byMelanie Tucker, Somtai Troy Charoensak, Mariana Rosen. (cv, COURT STAFF) (Filed on 1/30/2007)

Case5:05-cv-00037-JW Document86

Filed11/21/06 Page1 of 3

1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Somtai Troy Charoensak & Mariana Rosen, v. Plaintiffs, NO. C 05-00037 JW ORDER FOLLOWING FURTHER CASE MANAGEMENT CONFERENCE

United United States District Court

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For the Northern District of California

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Apple Computer, Inc., Defendant. /

On November 20, 2006, the Court conducted a Further Case Management Conference. Roy Katriel of the Katriel Law Firm appeared on behalf of the Plaintiffs, and Robert Mittelstaedt of Jones Day appeared on behalf of the Defendant. The Court hereby orders as follows: Class Certification. Plaintiffs shall file and serve their motion for class certification by January 22, 2007. Defendant shall file and serve its opposition by March 12, 2007. Plaintiffs shall file and serve their reply by April 2, 2007. The Court will conduct a hearing on Plaintiffs' motion for class certification on April 16, 2007 at 9 AM. Further Case Management Conference. The Court will conduct a Further Case Management Conference on March 19, 2007 at 10 AM, for the purpose of discussing what additional discovery, if any, should take place, prior to Plaintiffs filing their reply in support of their motion for class certification. Discovery. The parties shall limit their discovery to class certification issues. This limitation shall be in effect until Defendant files its anticipated motion for summary judgment. If

Case5:05-cv-00037-JW Document86

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Defendant files such motion, Plaintiffs may seek additional discovery. The parties are referred to Magistrate Trumbull for resolution of any discovery disputes. It is further ordered that discovery in this case shall be coordinated with discovery in Tucker v. Apple Computer, Inc., C 06-4457 JW. The parties shall notice depositions in both cases. Any depositions noticed in Tucker shall not count towards the deposition limit set by the Court for this action, and any depositions noticed in this action shall not count towards the deposition limit set by the Court in Tucker. Discovery produced in this action shall be made available and be usable to the Plaintiff's counsel in Tucker to the same extent as if it had been produced in that action, and discovery produced in Tucker shall be made available and usable to the Plaintiff's counsel in this action to the same extent as if it had been produced in this action.

United States District Court

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For the Northern District of California

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Dated: November 21, 2006

JAMES WARE United States District Judge

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Adam Richard Sand [e-mail] Brian P Murray [e-mail] Caroline N. Mitchell [e-mail] Jacqueline Sailer [e-mail] John J. Stoia [e-mail] Michael David Braun [e-mail] Robert A. Mittelstaedt [e-mail] Roy A. Katriel [e-mail] Tracy Strong [e-mail] Dated: November 21, 2006 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

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For the Northern District of California

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