"In re MagSafe Apple Power Adapter Litigation."

Filing 41

Proposed Order re 39 Joint MOTION to Appoint Lead Plaintiff and Lead Counsel by Naotaka Kitagawa, Jr. (Zeldes, Helen) (Filed on 10/19/2009)

Kitagawa, Jr et al v. Apple, Inc.

Doc. 41

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1 2 3 4 5 6 7 8 9 10 11 12 NAOTAKA KITAGAWA, JR., TIMOTHY J. BROAD and JESSE REISMAN, on behalf of 13 themselves and all others similarly situated, 14 TRACEY HACKWITH, MAXX SCHOLTEN 15 AND MICHAEL MARTIN, Individually and On Behalf of All Others Similarly Situated, 16 Plaintiffs, 17 v. 18 APPLE, INC., and, DOES 1 THROUGH 50, 19 inclusive, 20 21 22 23 24 25 26 27 28 Case No. C 09-01911 JW Case No. C 09-03862 JW 1
Dockets.Justia.com

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. C 09-01911 JW

Case No. C 09-03862 JW [PROPOSED] ORDER APPOINTING INTERIM CLASS COUNSEL

The Honorable Judge James Ware

Defendants.

[PROPOSED] ORDER APPOINTING INTERIM CLASS COUNSEL

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An unopposed Motion for Appointment of Interim Class Counsel has been filed. On the

2 basis of the material submitted to the Court, an in order to promote the just, expedition and cost3 4 5 6 7 I. APPOINTMENT OF INTERIM CLASS COUNSEL A. Interim Class Counsel effective resolution of this litigation, IT IS HEREBY ORDERED:

8 The Counsel listed below are designated to act on behalf of plaintiffs in these actions and all 9 subsequently filed actions: 10 11 12 13 14 15 16 17 18 19 20 B. Responsibilities of Interim Class Counsel: 1. Interim Class Counsel are expected to maintain communications and promote ZELDES & HAEGGQUIST, LLP HELEN I. ZELDES (220051) ALREEN HAEGGQUIST (221858) 625 Broadway, Suite 906 San Diego, CA 92101 Telephone: [phone] Fax: [phone] MEHRI & SKALET, PLLC STEVEN A. SKALET (pro hac vice) CRAIG L. BRISKIN ( pro hac vice) 1250 Connecticut Ave. NW, Suite 300 Washington, DC 20036 Telephone: [phone] Fax: [phone]

21 harmonious dealings among all plaintiffs' counsel. In addition, Interim Class Counsel shall provide 22 general supervision of the activities of plaintiffs' counsel. 23 2. Interim Class Counsel shall also maintain lists of all plaintiffs' counsel and

24 their respective addresses and will be responsible for receiving and distributing to all plaintiffs' 25 counsel in the action all notices, orders and other communications from the Court. Interim Class 26 Counsel shall keep complete files of all materials received and make those materials available for 27 inspection at reasonable hours. 28 Case No. C 09-01911 JW Case No. C 09-03862 JW 2
[PROPOSED] ORDER APPOINTING INTERIM CLASS COUNSEL

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1 2 3. No pleadings or other papers shall be filed or tasks performed by plaintiffs

3 without the advance approval of plaintiffs' Interim Class Counsel. No discovery shall be conducted 4 by plaintiffs without the advance approval of plaintiffs' Interim Class Counsel. This is intended to 5 prevent duplication of pleadings, discovery or tasks by plaintiffs' counsel. All pleadings or other 6 papers filed with the Court on behalf of plaintiffs shall be filed through plaintiffs' Interim Class 7 Counsel. 8 4. All plaintiffs' counsel shall submit to plaintiffs' Interim Class Counsel a record

9 of time expended and expenses incurred in the manner, form and frequency directed by Interim 10 Class Counsel. 11 II. 12 MISCELLANEOUS A. Counsel for all parties are directed to cooperate with one another, wherever possible

13 to promote the expeditious handling of pretrial proceedings in this action. 14 B. Except as otherwise agreed, defendant shall effect service of papers on plaintiffs by

15 serving a copy of same on Zeldes & Haeggquist, LLP's San Diego office and on Mehri & Skalet's 16 Washington, D.C. office and (1) in PDF format by electronic mail and U.S. Mail on the date such 17 service is due, or (2) via overnight delivery one day prior to the date on which service is due. 18 Defendant shall serve all other plaintiffs' counsel via U.S. Mail on the date such service is due. 19 Plaintiffs shall effect service of papers on defendant by serving a copy of same on defendant (1) in 20 PDF format by electronic mail and U.S. Mail on the date such service is due, or (2) via overnight 21 delivery one day prior to the date on which service is due, and all other defense counsel via U.S. 22 Mail on the date service is due. 23 C. All subsequent pretrial orders issued in this proceeding shall be numbered

24 consecutively. Any reference to an order of this Court in any document filed with this Court shall 25 include the proper number of the Order. 26 27 28 Case No. C 09-01911 JW Case No. C 09-03862 JW 3
[PROPOSED] ORDER APPOINTING INTERIM CLASS COUNSEL

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D.

This Order may be amended by the Court on its own motion and any party may apply

2 at any time to this Court for a modification or exception to this Order. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. C 09-01911 JW Case No. C 09-03862 JW 4
[PROPOSED] ORDER APPOINTING INTERIM CLASS COUNSEL

*

* ORDER

*

IT IS SO ORDERED.

DATED: _________________________

_________________________________________ THE HONORABLE JAMES WARE UNITED STATES DISTRICT JUDGE

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1 2 3 CERTIFICATE OF SERVICE

4 I hereby certify that on October 19, 2009, I electronically filed the following documents with the 5 Clerk of the Court using the CM/ECF system which will send notification of such filing to the e-mail 6 addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I have 7 caused the foregoing document or paper to be mailed via the United States Postal Service to the non8 CM/ECF participants indicated on the attached Manual Notice List and Service List. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. C 09-01911 JW Case No. C 09-03862 JW 5
[PROPOSED] ORDER APPOINTING INTERIM CLASS COUNSEL

/s/ HELEN I. ZELDES HELEN I. ZELDES ZELDES & HAEGGQUIST, LLP HELEN I. ZELDES ALREEN HAEGGQUIST 625 Broadway, Suite 906 San Diego, CA 92101 Telephone: [phone] Fax: [phone]

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1 2 3 4 5 6 7 8 9 10 11 12

Mailing Information for a Case No. 5:09-cv-01911-JW
Electronic Mail Notice List
The following are those who are currently on the list to receive e-mail notices for this case: Alexei Klestoff [e-mail], [e-mail] [e-mail], [e-mail] [e-mail], [e-mail]

Alreen Haeggquist

Andrew David Muhlbach Craig L. Briskin Heather A. Moser Helen I. Zeldes

[e-mail], [e-mail] [e-mail], [e-mail] [e-mail] [e-mail], [e-mail]

Penelope Athene Preovolos

Manual Notice List

The following is the list of attorneys who are not on the list to receive e-mail notices for this case 13 (who therefore require manual noticing). 14 Steven A Skalet Mehri & Skalet, PLLC 15 1250 Connecticut Avenue NW Suite 300 16 Washington, DC 20036 17 18 19

Mailing Information for a Case NO. 5:09-cv-03862-JW
Electronic Mail Notice List
The following are those who are currently on the list to receive e-mail notices for this case:

20 Alexei Klestoff [e-mail], [e-mail] 21 Andrew David Muhlbach [e-mail], [e-mail] 22 Angela C Agrusa [e-mail] 23 Anne Hunter [e-mail] 24 Anthony David Sbardellati [e-mail], [e-mail] 25 Byron T Ball [e-mail] 26 Heather A Moser 27 [e-mail]

28 Case No. C 09-01911 JW Case No. C 09-03862 JW 6

[PROPOSED] ORDER APPOINTING INTERIM CLASS COUNSEL

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1 James Patrick Sutton 2 Keri Montrose

[e-mail]

[e-mail] [e-mail]

3 Matthew S McNicholas 4 Michael J Saltz

[e-mail] [e-mail] [e-mail] [e-mail], [e-mail]

5 Patrick McNicholas 6 Penelope A Preovolos

7 Penelope Athene Preovolos 8 Manual Notice List

9 The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who therefore require manual noticing): 10 No manual recipients 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. C 09-01911 JW Case No. C 09-03862 JW 7
[PROPOSED] ORDER APPOINTING INTERIM CLASS COUNSEL