Hovsepian v. Apple, Inc.

Filing 25

STIPULATION and (Proposed) Order to Have Cases Related (C09-1064RS) re 24 by Apple, Inc. (Counts, Thomas) (Filed on 5/8/2009) Text modified on 5/12/2009 (bw, COURT STAFF).

Hovsepian v. Apple, Inc.

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DAVID M. WALSH (SB# 120761) [e-mail] PAUL, HASTINGS, JANOFSKY & WALKER LLP 515 South Flower Street Twenty-Fifth Floor Los Angeles, CA 90071 Telephone: [phone] Facsimile: [phone] THOMAS A. COUNTS (SB# 148051) [e-mail] ERIC A. LONG (SB# 244147) [e-mail] PAUL, HASTINGS, JANOFSKY & WALKER LLP 55 Second Street Twent y-Fourth Floor San Francisco, CA 94105-3441 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant APPLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

ARAM HOVSEPIAN, individually and on behalf of all others similarly situated, Plaint iff, vs. APPLE INC., Defendant.

CASE NO. C 08-05788 JF CASE NO. TO BE RELATED: C 09-01064 RS STIPULATION AND [PROPOSED] ORDER TO HAVE CASES RELATED [CIVIL L.R. 3-12, 7-11, AND 7-12] Complaint Filed: December 31, 2008 Hon. Jeremy Fogel

ROMAN HUF, on behalf of himself and all other similarly situated, Plaint iff, vs. APPLE INC., Defendant.

Case No. C 08-05788 JF

STIPULATION AND [PROPOSED] ORDER TO HAVE CASES RELATED

Dockets.Justia.com

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STIPULATION The parties in Roman Huf v. Apple Inc., U.S.D.C., Northern District of California, Case No. C 09-01064 RS, by and through their counsel of record, hereby stipulate as follows: 1. WHEREAS, Plaintiffs in the action entitled Aram Hovsepian v. Apple Inc.,

U.S.D.C., Northern District of California, Case No. C 08-05788 JF (the "Hovsepian Action"), filed their Amended Class Action Complaint and Demand for Jury Trial on April 17, 2009; 2. WHEREAS, Plaintiffs in the action entitled Roman Huf v. Apple Inc.,

U.S.D.C., Northern District of California, Case No. C 09-01064 RS (the "Huf Action"), filed their Class Action Complaint and Demand for Jury Trial on March 11, 2009; 3. WHEREAS, Aram Hovsepian v. Apple Inc., Case No. C 08-05788 JF is

related to Roman Huf v. Apple Inc., Case No. C 09-01064 RS; 4. WHEREAS, Plaintiffs in the Huf Action do not object to it being deemed

related to the Hovsepian Action pursuant to Local Rule 3-12(a), because (i) the two actions concern substantially the same parties, property, transactions or events; and (ii) it appears likely that there will be an unduly burdensome duplication of labor and expense, and a risk of conflicting results if the cases are conducted before different judges; and 6. NOW, THEREFORE, the parties to the Huf Action request that the Court

order the Huf Action be deemed related to the Hovsepian Act ion. SO STIPULATED. DATED: May 8, 2009 CALDWELL LESLIE & PROCTOR PC

By:

/s/ Christine Ford CHRISTINE FORD

Attorneys for Plaintiff ROMAN HUF

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DATED: May 8, 2009

PAUL, HASTINGS, JANOFSKY & WALKER LLP

By:

/s/ Thomas A. Counts THOMAS A. COUNTS

Attorneys for Defendant APPLE INC.

I attest that concurrence in the filing of this document has been obtained from Christine Ford for Plaintiff. By: /s/ Thomas A. Counts Thomas A. Counts Attorney for Defendant APPLE INC.

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LEGAL_US_W # 61669998.3

ORDER

The Court has considered the above Stipulation and accompanying Administrative Motion, and for good cause appearing therefore, the Motion is GRANTED and the Court hereby ORDERS as follows: Pursuant to Northern District Civil Local Rule 3-12, Roman Huf v. Apple Inc., Case No. C 09-01064 RS is related to Aram Hovsepian v. Apple Inc., Case No. C 08-05788 JF. IT IS FURTHER ORDERED that the Huf Action is transferred and reassigned to the Honorable Jeremy Fogel for all purposes. PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: _______________ ___________________________________ Jeremy Fogel United States District Judge

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STIPULATION AND [PROPOSED] ORDER TO HAVE CASES RELATED