Gomelsky v. Apple, Inc.

Filing 33

MOTION to Relate Case filed by Deborah J. Vail. (Attachments: # 1 Proposed Order Relating Cases)(Gibbs, Eric) (Filed on 4/16/2009)

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Eric H. Gibbs (State Bar No. 178658) [e-mail] Geoffrey A. Munroe (State Bar No. 228590) [e-mail] GIRARD GIBBS LLP 601 California Street, 14th Floor San Francisco, California 94108 Telephone: [phone] Facsimile: [phone] Andrew N. Friedman (pro hac vice application pending) [e-mail] Douglas J. McNamara (pro hac vice application pending) [e-mail] COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Ave., NW West Tower, Suite 500 Washington, D.C. 20005-3964 Telephone: [phone] Facsimile: (202) 408-46995 Attorneys for Plaintiff Deborah Vail UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA GIORGIO GOMELSKY, on behalf of himself and all others similarly situated, v. APPLE INC., Defendants. THIS DOCUMENT ALSO RELATES TO: Case No. 09-CV-01649 RS_________ DEBORAH J. VAIL, on behalf of herself and those similarly situated, v. APPLE, INC., Plaintiff, Plaintiff, Case No. 08-CV-04969 JF ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED

Defendant.

ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED

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TO ALL PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that, pursuant to Civil Local Rule 3-12, plaintiff Deborah Vail submits this administrative motion for the Court to consider whether the recently filed Vail v. Apple, Inc., No. 09-cv-01649, should be related to Gomelsky v. Apple, Inc., No. 08-cv-04969. The Vail action may be related to the Gomelsky action because it concerns substantially the same parties, property, transaction or event. The cases are against the same defendant, are both putative class actions brought on behalf of persons who purchased PowerBook computers manufactured by Apple, Inc., and both allege that Apple violated California's Unfair Competition Law by selling PowerBook computers with defective memory slots. The Vail case also alleges violation of California's Consumers Legal Remedies Act, while the Gomelsky case asserts warranty, negligence, and unjust enrichment claims. Copies of the complaints filed in each action are attached to the accompanying Declaration of Eric H. Gibbs. Given the similarities of these actions, it appears likely that there will be an unduly burdensome duplication of labor and expenses and potentially conflicting results if the cases are heard before different judges. Assignment of these cases to a single District Court Judge would conserve judicial resources and promote efficient determination of the actions while avoiding potentially conflicting results. Both cases are at a preliminary stage and, thus, assignment to a single judge would not prejudice any of the parties. Accordingly, plaintiff Deborah Vail respectfully requests that the action entitled Vail v. Apple, Inc., be deemed related to Gomelsky v. Apple, Inc.

Dated: April 16, 2009

GIRARD GIBBS LLP

By:

/s/ Eric H. Gibbs

Geoffrey A. Munroe 601 California Street, 14th Floor San Francisco, California 94108 Telephone: [phone] Facsimile: [phone]

1 ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED

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Andrew N. Friedman Douglas J. McNamara COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Ave., NW West Tower, Suite 500 Washington, D.C. 20005-3964 Telephone: [phone] Facsimile: (202) 408-46995 Attorneys for Plaintiff Deborah J. Vail

2 ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED