Logan v. Apple Inc. et al

Filing 49

STIPULATION AND ORDER for Consolidation. Case Management Conference set for 3/18/2011 10:30 AM in Courtroom 6, 4th Floor, San Jose. Motion Hearing set for 3/18/2011 09:00 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 12/15/10. (jg, COURT STAFF) (Filed on 12/15/2010)

Logan v. Apple Inc. et al

Doc. 49

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Michael W. Sobol (State Bar No. 194857) [e-mail] Roger N. Heller (State Bar No. 215348) [e-mail] Allison Elgart (State Bart No. 241901) [e-mail] LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP 275 Battery Street, 29th Floor San Francisco, CA 94111-3339 Telephone: [phone] Facsimile: [phone] Attorneys for Weisblatt Plaintiffs [Additional Counsel listed on signature page]

*E-FILED - 12/15/10*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
ADAM WEISBLATT, JOE HANNA, and DAVID TURK, individually and on behalf of all others similarly situated,

Case No. 5:10-cv-02553-RMW STIPULATION AND [] ORDER FOR CONSOLIDATION PURSUANT TO FED. R. CIV. P. 42

Plaintiffs, v. APPLE INC., AT&T MOBILITY LLC, and Does 1-10, Defendants.
STUART LOGAN, on behalf of himself and all others similarly situated,

Case No. 5:10-cv-02588-RMW

Plaintiff,
v. APPLE INC. and AT&T MOBILITY LLC, COLETTE OSETEK, individually and on behalf of all others similarly situated,

Defendants,

Case No. 5:10-cv-04253-RMW

Plaintiff,
v. APPLE INC.,

Defendant,

CASE NOS. 5:10-cv-02553-RMW, 5:10-cv-2588RMW, 5:10-cv-4523-RMW STIPULATION AND [] ORDER FOR CONSOLIDATION
Dockets.Justia.com

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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, naming as defendants Apple Inc. ("Apple"), AT&T Inc., and AT&T Mobility LLC ("AT&T Mobility"); WHEREAS, plaintiffs in the Weisblatt action filed their First Amended Complaint on June 23, 2010; WHEREAS, by stipulated Order dated September 22, 2010, defendant AT&T Inc. was dismissed from the Weisblatt action without prejudice; 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, naming as defendants Apple and AT&T Mobility; WHEREAS, by Order dated September 14, 2010, this Court related the Logan action to the Weisblatt action; WHEREAS, pursuant to the Stipulation And Order Regarding Motion To Compel Arbitration, Discovery And Deferral Of Responsive Pleading Of AT&T Mobility LLC, dated November 4, 2010 (Logan Dkt. No. 41), AT&T Mobility's time to respond to the Logan complaint was extended to December 6, 2010; WHEREAS, pursuant to the Order Granting Motion of AT&T Mobility LLC For An Extension Of Time To Respond To The First Amended Complaint, dated November 15, 2010 (Weisblatt Dkt. No. 61), AT&T Mobility's time to respond to the Weisblatt First Amended Complaint was extended to December 6, 2010; WHEREAS, Case Management Conferences in the Weisblatt and Logan actions are scheduled for December 17, 2010 (see Order on Defendant AT&T Mobility LLC's Motion To Compel Arbitration Or, In The Alternative, To Stay Case, dated October 18, 2010, Weisblatt Dkt. No. 50, and Stipulation And Order Continuing November 19, 2010 Case Management Conference To December 17, 2010, dated November 17, 2010, Logan Dkt. No. 46); WHEREAS, Osetek v. Apple Inc. (N.D. Cal. Case No. 5:10-cv-04253-RMW) (the "Osetek action") was filed on September 20, 2010, naming Apple as a defendant; WHEREAS, by Order dated October 27, 2010, this Court related the Osetek action to the Weisblatt action;
CASE NOS. 5:10-cv-02553-RMW, 5:10-cv-2588RMW, 5:10-cv-4523-RMW STIPULATION AND [] ORDER FOR CONSOLIDATION

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WHEREAS, the Weisblatt, Logan, and Osetek actions are all currently pending before this

WHEREAS, on November 4, 2010, defendant Apple filed a Motion to Consolidate Related Actions (Weisblatt Dkt. No. 57; Logan Dkt. No. 42; Osetek Dkt. No. 12) ("Motion to Consolidate"), asking the Court to consolidate the Weisblatt, Logan, and Osetek actions for all purposes pursuant to Fed. R. Civ. P. 42, and the hearing on Apple's Motion to Consolidate is currently scheduled for January 7, 2011; WHEREAS, on November 12, 2010, defendant AT&T Mobility filed its Notice of Joinder in Apple Inc.'s Motions to Consolidate Related Actions as to the two actions in which AT&T Mobility is named as a defendant, Weisblatt and Logan (Weisblatt Dkt. No. 59 and Logan Dkt. No. 45); and WHEREAS, the Weisblatt, Logan, and Osetek actions arise from the same circumstances and allegations, and involve common questions of law and fact, Plaintiffs in the Weisblatt, Logan, and Osetek actions, defendant Apple, and defendant AT&T Mobility, by and through their respective counsel, hereby stipulate as follows: 1. The Weisblatt, Logan, and Osetek actions shall be consolidated for all purposes, pursuant to Fed. R. Civ. P. 42(a). The case number for the consolidated proceedings shall be 5:10-cv-02553-RMW (the case number for the first-filed Weisblatt action). 2. Defendant Apple's pending Motion to Consolidate is dismissed as moot, and the January 7, 2011 hearing for Apple's Motion to Consolidate is vacated. 3. Defendant AT&T Mobility shall not be required to respond further to the complaints filed in the Weisblatt or Logan actions. 4. Plaintiffs shall file a consolidated master complaint ("Master Complaint") by no later than December 10, 2010. 5. Defendants Apple and AT&T Mobility shall file their responses to the Master Complaint by no later than January 14, 2011. To the extent that Apple and/or AT&T Mobility move to dismiss one or more of the claims alleged in the Master
CASE NOS. 5:10-cv-02553-RMW, 5:10-cv-2588RMW, 5:10-cv-4523-RMW STIPULATION AND [] ORDER FOR CONSOLIDATION

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Complaint: (a) Plaintiffs shall file their opposition(s) to any such motion(s) by no later than February 11, 2011; and (b) defendant(s) shall file their replies by no later March 4, 2010. Any such motions shall be heard by the Court on March 18, 2011 at 9:00 a.m. 6. The Case Management Conferences scheduled for December 17, 2010 in the Weisblatt and Logan actions are hereby taken off calendar. The Initial Case Management Conference in the consolidated action shall be held on March 18, 2011 at 10:30 a.m. or on such later date as the Court orders. 7. The Court's Order on Defendant AT&T Mobility's Motion to Compel Arbitration or, in the Alternative, to Stay Case, entered in the Weisblatt action on October 18, 2010 (Weisblatt Dkt. No. 50), shall be fully binding on the parties in the consolidated action. The parties agree that AT&T Mobility's right to seek to compel arbitration of the named plaintiff's claims in accordance with their arbitration agreements is preserved, and in particular agree that all arguments raised in AT&T Mobility's Motions to Compel Arbitration and to Dismiss Claims or, in the Alternative, to Stay Case, filed in the Weisblatt action (Weisblatt Dkt. No. 23) and Logan action (Logan Dkt. No. 32), shall be preserved as if such arguments were raised in the consolidated action. IT IS SO STIPULATED.

CASE NOS. 5:10-cv-02553-RMW, 5:10-cv-2588RMW, 5:10-cv-4523-RMW STIPULATION AND [] ORDER FOR CONSOLIDATION

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Dated: December 6, 2010

Counsel for Weisblatt Plaintiffs: LIEFF CABRASER HEIMANN & BERNSTEIN,
LLP

Dated: December 6, 2010

By: /s/ Michael W. Sobol Michael W. Sobol [e-mail] Roger N. Heller [e-mail] Allison Elgart [e-mail] 275 Battery Street, 29th Floor San Francisco, CA 94111-3339 Telephone: [phone] Facsimile: [phone] Counsel for Logan Plaintiffs THE WESTON FIRM By: /s/ Gregory S. Weston Gregory S. Weston [e-mail] 888 Turquoise Street San Diego, CA 92109 Telephone: [phone] Facsimile: [phone] Jack Fitzgerald [e-mail] 2811 Sykes Court Santa Clara, California 95051 Telephone: [phone]

Dated: December 6, 2010

Counsel for Osetek Plaintiffs SCHUBERT JONCKHEER & KOLBE LLP By: /s/ Willem F. Jonckheer Willem F. Jonckheer [e-mail] Three Embarcadero Center Suite 1650 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone]

CASE NOS. 5:10-cv-02553-RMW, 5:10-cv-2588RMW, 5:10-cv-4523-RMW STIPULATION AND [] ORDER FOR CONSOLIDATION

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DATED: December 6, 2010

Counsel for Apple Inc. MORRISON & FOERSTER LLP By: /s/ Penelope A. Preovolos Penelope A. Preovolos [e-mail] Andrew D. Muhlbach (CA SBN 175694) [e-mail] Heather A. Moser (CA SBN 212686) [e-mail] 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: 415.268.7522

DATED: December 6, 2010

Counsel for AT&T Mobility LLC CROWELL & MORING, LLP By: /s/ M. Kay Martin M. Kay Martin (CSB No. 154697) [e-mail] 275 Battery Street, 23rd Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Kathleen Taylor Sooy [e-mail] 1001 Pennsylvania Avenue, NW Washington, D.C. 20004 Tel: [phone] Facsimile: [phone]

PURSUANT TO STIPULATION, IT IS SO ORDERED. Date: 12/15/10 _______________________________ Hon. Ronald M. Whyte United States District Judge

CASE NOS. 5:10-cv-02553-RMW, 5:10-cv-2588RMW, 5:10-cv-4523-RMW STIPULATION AND [] ORDER FOR CONSOLIDATION

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