Holman et al v. Apple, Inc. et al

Filing 66

Holman et al v. Apple, Inc. et al

Doc. 66

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 NO. C 07-05152 JW In Re Apple & AT&TM Antitrust Litigation ORDER CONTINUING HEARING ON MOTIONS TO DISQUALIFY COUNSEL AND APPOINT LEAD COUNSEL

United United States District Court

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For the Northern District of California

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/ On February 7, 2008, the Court received a letter from Mark C. Rifkin, counsel for plaintiffs in a parallel New York action, Kliegerman v. Apple, Inc. S.D.N.Y No. 1:07-cv-08404-PKC. (See Docket Item No. 59.) Counsel seeks permission to file a proposed interim lead counsel motion in anticipation that the Kliegerman action will be transferred to this Court. Counsel represents that the transfer is imminent because the Kliegerman plaintiffs have consented to Defendant Apple's motion to transfer. In light of this representation, and the Court's desire to mainstream this process, the Court continues the hearing on the motions re: disqualification and appointment of lead counsel currently set for March 10, 2007 to April 7, 2008 at 9 A.M. This continuance anticipates that the New York action will be transferred and related to this action by early March. Accordingly, the Court sets the briefing schedule as follows: (1) All Motions to disqualify and appoint lead counsel shall be filed and served by March 3, 2007.

Dockets.Justia.com

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(2) (3)

All Oppositions shall be filed and served by March 17, 2008. All Replies, if any, shall be filed and served by March 24, 2008.

The parties may not stipulate to an alternative briefing schedule. In light of this Order, Plaintiff Smith's Motion to Enlarge Time to File Motion (docket item no. 59) is denied as moot.

Dated: February 15, 2008

JAMES WARE United States District Judge

United States District Court

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For the Northern District of California

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Adrian Frank Davis [e-mail] Alfred Carroll Pfeiffer [e-mail] Archis Ashok Parasharami [e-mail] Arthur William Lazear [e-mail] Christopher E Ondeck [e-mail] Christopher S. Yates [e-mail] Damian Rene Fernandez [e-mail] Daniel Allen Sasse [e-mail] Daniel Murray Wall [e-mail] David Eldon Crowe [e-mail] Donald M. Falk [e-mail] Giuseppe Joseph Antonelli [e-mail] Giuseppe Joseph Antonelli [e-mail] Gregg Lander [e-mail] H. Tim Hoffman [e-mail] Janelle Christine Carney [e-mail] Jeffrey H. Howard [e-mail] Kevin Todd Barnes [e-mail] M. Van Smith [e-mail] Max Folkenflik [e-mail] Morgan Matthew Mack [e-mail] Wm. Randolph Smith [e-mail] Mark C. Rifkin, [e-mail]

United States District Court

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For the Northern District of California

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Dated: February 15, 2008

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy