Wesblatt v. Apple, Inc et al

Filing 92

STIPULATION AND ORDER 89 for Consolidation of C-11-01875-RMW. Signed by Judge Ronald M. Whyte on 5/31/11. (jg, COURT STAFF) (Filed on 5/31/2011)

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PENELOPE A. PREOVOLOS (CA SBN 87607)
([e-mail])
ANDREW D. MUHLBACH (CA SBN 175694)
([e-mail])
STUART C. PLUNKETT (CA SBN 187971)
([e-mail])
HEATHER A. MOSER (CA SBN 212686)
([e-mail])
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522

*E-FILED - 5/31/11*

Attorneys for Defendant
APPLE INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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Case Nos. 5:10-cv-02553 RMW

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CLASS ACTION

ALL CONSOLIDATED ACTIONS

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In re Apple and AT&T iPad Unlimited Data Plan
Litigation

STIPULATION AND []
ORDER FOR CONSOLIDATION

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The Hon. Ronald M. Whyte
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Master Consolidated Complaint filed:
December 10, 2010

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STIPULATION AND [] ORDER FOR CONSOLIDATION
CASE NO. 5:10-cv-02553 RMW
sf-2991103

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WHEREAS, Weisblatt et. al v. Apple Inc. et al. (N.D. Cal. Case No. 5:10-cv-02553RMW) (the “Weisblatt” action) was filed on June 9, 2010;
WHEREAS, Logan v. Apple Inc. et. al. (N. D. Cal. Case No. 5:10-cv-02588-RMW) (the
“Logan” action) was filed on June 11, 2010;
WHEREAS, Osetek v. Apple Inc. (N.D. Cal. Case No. 5:10-cv-04253-RMW) (the
“Osetek” action) was filed on September 20, 2010;

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WHEREAS, on December 15, 2010, this Court entered an Order consolidating the

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Weisblatt, Logan, and Osetek actions for all purposes pursuant to Federal Rule of Civil Procedure

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42 (ECF No. 66);

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WHEREAS, on January 25, 2011, this Court entered Case Management Order No. 1,

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which “govern[s] and control[s] all procedures and proceedings in the…consolidated actions and

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any related actions which may be made part of these consolidated proceedings.” (ECF No. 79)

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(“CMO No. 1”);

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WHEREAS, Plaintiff Aaron Friedman filed Friedman v. Apple Inc. et al. (the “Friedman
action”) on November 22, 2010 in the Southern District of California;
WHEREAS, the Friedman action was assigned to Judge Sammartino as Case No. 3:10cv-02403-JSL-POR.
WHEREAS, the Friedman action raises factual and legal issues similar to those raised in

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the above-captioned consolidated action, against the same defendants on behalf of overlapping

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putative classes;

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WHEREAS, in light of the similarity of factual and legal issues, plaintiff Friedman and
Apple filed a Joint Motion to Transfer the Friedman action to the Northern District of California;
WHEREAS, on April 18, 2011, Judge Sammartino granted the parties’ Joint Motion to

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Transfer, and ordered the Friedman action to be transferred to the San Jose Division of the United

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States District Court for the Northern District of California to be coordinated and consolidated

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with the above-captioned consolidated action for all pretrial and trial proceedings;

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WHEREAS, on April 19, 2011, the Friedman action was assigned to Judge Ronald M.
Whyte as Case No. 5:11-cv-01875-RMW;
STIPULATION AND [] ORDER FOR CONSOLIDATION
CASE NO. 5:10-cv-02553 RMW
sf-2991103

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WHEREAS the Friedman action and the above-captioned consolidated action arise from

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the same circumstances and allegations, involve common questions of law and fact, and are both

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currently pending before this Court;

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WHEREAS counsel for plaintiff Friedman, for plaintiffs in the above-captioned

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consolidated action, and for Apple have conferred and agree that consolidation of the Friedman

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action with the above-captioned consolidated action is proper;

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Plaintiffs in the Friedman and above-captioned action and defendant Apple, by and

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through their respective counsel, hereby stipulate that the Friedman action shall be consolidated

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with the above-captioned consolidated action for all purposes pursuant to Fed. R. Civ. P. 42(a)

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and constitutes a “Later Filed Case” subject to terms of CMO No. 1.
IT IS SO STIPULATED.

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Dated: May 9, 2011

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MICHAEL W. SOBOL
ROGER N. HELLER
ALLISON ELGART
LIEFF, CABRASER, HEIMANN &
BERNSTEIN, LLP

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By:

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/s/ Michael W. Sobol
MICHAEL W. SOBOL

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Attorneys for Plaintiffs
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Dated: May 9, 2011

PENELOPE A. PREOVOLOS
ANDREW D. MUHLBACH
STUART C. PLUNKETT
HEATHER A. MOSER
MORRISON & FOERSTER LLP

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By:

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/s/ Penelope A. Preovolos
PENELOPE A. PREOVOLOS
Attorneys for Defendant
APPLE INC.

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STIPULATION AND [] ORDER FOR CONSOLIDATION
CASE NO. 5:10-cv-02553 RMW
sf-2991103

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Dated: May 9, 2011

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GAYLE M. BLATT
CASEY, GERRY, SCHENK,
FRANCAVILLA, BLATT & PENFIELD LLP

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By:

/s/ Gayle M. Blatt
GAYLE M. BLATT

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Attorneys for Plaintiff
AARON FRIEDMAN

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I, Penelope A. Preovolos, am the ECF User whose ID and password are being used to file
this Stipulation. In compliance with General Order 45, section X.B., I hereby attest that I have on
file the concurrences for any signatures indicated by a “conformed” signature (/s/) within this
efiled document.

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By:

/s/ Penelope A. Preovolos
Penelope A. Preovolos

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Date: 5/31/11
_______________________________
Hon. Ronald M. Whyte
United States District Judge

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STIPULATION AND [] ORDER FOR CONSOLIDATION
CASE NO. 5:10-cv-02553 RMW
sf-2991103

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