Lalo v. Apple, Inc et al

Filing 110

MOTION to Relate Case Administrative Motion to Consider Whether Cases Should be Related filed by Apple, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Charlson, Michael) (Filed on 5/19/2011)

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Michael L. Charlson (Bar No. 122125)
Maren J. Clouse (Bar No. 228726)
HOGAN LOVELLS US LLP
525 University Avenue, 4th Floor
Palo Alto, California 94301
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
Christopher Wolf (Admitted Pro Hac Vice)
HOGAN LOVELLS US LLP
Columbia Square
555 Thirteenth Street, NW
Washington, DC 20004
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
Clayton C. James (Admitted Pro Hac Vice)
HOGAN LOVELLS US LLP
One Tabor Center, Suite 1500
1200 Seventeenth Street
Denver, Colorado 80202
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
Attorneys for Defendant
APPLE INC., a California corporation
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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In re iPhone Application Litigation

Case No. CV-10-5878 LHK (PSG)
ADMINISTRATIVE MOTION TO
CONSIDER WHETHER CASES SHOULD
BE RELATED

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The Honorable Lucy H. Koh

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H OGAN L OVEL LS US
LLP
ATT ORNE YS AT LA W
PALO AL TO

ADMIN. MOT. TO CONSIDER WHETHER TO
RELATE CASES; Case No. CV 10-5878 LHK

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Pursuant to Local Rule 3-12 and this Court’s Case Management Order No. 1 entered

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March 15, 2011 (Dkt. No. 36) (“CMO No.1”), Defendant Apple Inc., a California corporation

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(“Apple”), submits this Administrative Motion to Consider Whether Cases Should Be Related to

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give notice of the following actions: (1) Gupta v. Apple Inc., Case No. 11-cv-02110-WHA (N.D.

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Ca.) filed April 28, 2011;1 (2) Colon v. Apple Inc., Case No. 11-c-v-02270-PSG (N.D. Cal.) filed

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May 9, 2011;2 and (3) Normand v. Apple Inc., Case No. 11-cv-2317-HRL (N.D. Cal.) filed May

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10, 2011.3 Apple respectfully suggests that the Gupta, Colon, and Normand actions are related to

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these consolidated actions.

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The actions are related because they contain overlapping claims and call for determination

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of multiple questions of fact and law that will be the same or substantially similar. In particular,

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like these Consolidated Actions, the Gupta, Colon, and Normand actions involve allegations that

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certain software on iPhone or iPad devices captures and stores location information of iPhone and

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iPad users. Apple is a defendant in each of the actions. The alleged capture and storage of user

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information from the devices is claimed in all the actions, with some variation, to constitute

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violations of various statutes and common law principles concerning personal privacy and

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consumer protection.

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For the foregoing reasons, assignment of the Gupta, Colon, and Normand actions to this

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Court is likely to save judicial and litigant resources, and it will diminish the likelihood of

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inconsistent results. In addition, Apple believes that the Gupta, Colon, and Normand actions are

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properly consolidated with these consolidated actions as provided in the Court’s CMO No. 1.

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//

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H OGAN L OVEL LS US
LLP
ATT ORNE YS AT LA W
PALO AL TO

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A copy of the Gupta Complaint is attached hereto as Exhibit A.

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A copy of the Normand Complaint is attached hereto as Exhibit B.

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A copy of the Colon Complaint is attached hereto as Exhibit C.
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ADMIN. MOT. TO CONSIDER WHETHER TO
RELATE CASES; Case No. CV 10-5878 LHK

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In accordance with paragraph 3 of CMO No. 1, Apple has served a copy of CMO No. 1 on

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counsel for Plaintiffs in the Gupta, Colon, and Normand actions. Apple has also served a copy of

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the Court’s April 7, 2011 Order Appointing Interim Class Counsel and Executive Committee

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(Dkt. No. 65) and Order Regarding Case Schedule (Dkt. No. 66).4

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Dated: May 19, 2011

HOGAN LOVELLS US LLP

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By: /s/ Michael L. Charlson
Michael L. Charlson

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Attorneys for Defendant
APPLE INC., a California corporation

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H OGAN L OVEL LS US
LLP
ATT ORNE YS AT LA W
PALO AL TO

A copy of the Proof of Service of those orders is attached as Exhibit D.
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ADMIN. MOT. TO CONSIDER WHETHER TO
RELATE CASES; Case No. CV 10-5878 LHK