Lalo v. Apple, Inc et al

Filing 113

NOTICE by Apple, Inc Notice of Pendency of Other Action or Proceeding (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

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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Case No. CV 10-5878 LHK (PSG)
In re iPhone Application Litigation
NOTICE OF PENDENCY OF OTHER
ACTION OR PROCEEDING

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Honorable Lucy H. Koh

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NOTICE OF PENDENCY OF OTHER
ACTIONS OR PROCEEDINGS
Case No. CV 10-5878 LHK

H OGAN L OVEL LS US
LLP
ATT ORNE YS AT LA W
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Pursuant to Local Rule 3-13, Defendant Apple Inc., a California corporation (“Apple”),

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submits this Notice of Pendency of Other Actions or Proceedings to give notice of the following

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actions: (1) Ajjampur v. Apple Inc., Case No. 11-cv-00895-RAL-RBM (M.D. Fla.) filed April 22,

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2011 in the United States District Court for the Middle District of Florida; (2) Burke v. Apple Inc.

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et. al., Case No. 11-cv-01376-RDP (N.D. Ala.) filed April 22, 2011 in the United States District

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Court for the Northern District of Alabama; (3) Burwick v. Apple Inc., et. al., Case No. 11-cv-

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03450-JFW-MRW (C.D. Cal.) filed April 22, 2011 in the United States District Court for the

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Central District of California; (4) Ammer v. Apple Inc., et. al. Case No. 11-cv-02841-VB

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(S.D.N.Y.) filed April 27 2011 in the United States District Court for the Southern District of

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New York; (5) O’Flaherty v. Apple Inc., Case No. 11-cv-00359-MJR-DGW (S.D. Ill.) filed April

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29, 2011 in the United States District Court for the Southern District of Illinois; (6) Snyder v.

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Apple Inc., Case No. 11-cv-00784-RWS (E.D. Mo.) filed May 3, 2011 in the United States

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District Court for the Eastern District of Missouri; (7)Diaz v. Apple Inc., et. al., Case No. 11-cv-

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1433-FAB (D. P.R.) filed May 10, 2011 in the United States District Court for the District of

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Puerto Rico; and (8) Moylan v. Apple Inc., Case No. 11-cv-03268 (N.D. Ill.) filed May 16, 2011

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in the United States District Court for the Northern District of Illinois.

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The actions are individual and putative class actions purportedly brought on behalf of

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overlapping classes of users of iPhone, iPad, and iPod (“iDevices”) throughout the United States.

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Apple is named as a defendant in all of the cases, and each of the individual plaintiffs or plaintiff

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classes seeks to recover for alleged violations of privacy rights based on supposed access of

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users’ iDevices by applications that can be downloaded by users from Apple’s App Store and/or

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the alleged capture and storage of location data on iDevices.

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All of the above actions are related to this action and the related actions Colon v. Apple

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Inc., Case No. 5:11-cv-02270-PSG (N.D. Cal.), Normand v. Apple Inc., Case No. 11-2317 (N.D.

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Cal.), Gupta v. Apple Inc., Case No. 3:11-cv-02110-WHA (N.D. Cal.).1

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The actions all contain claims that overlap with the claims alleged in the Consolidated
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See Administrative Motion to Consider Whether Cases Should Be Related, filed May 19, 2011
(Docket No. __), asking the Court to relate the Colon, Normand, and Gupta actions.

H OGAN L OVEL LS US
LLP

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NOTICE OF PENDENCY OF OTHER
ACTIONS OR PROCEEDINGS
Case No. CV 10-5878 LHK

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Complaint,2 and call for determination of multiple questions of fact and law that will be the same

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or substantially similar. In particular, the actions involve allegations that certain software

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applications capture and abuse personal identifying information of iDevice users and/or

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allegations that Apple captures and stores user location information on iDevices. Apple is a

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defendant in this action and the other actions, some of which are also brought against certain

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alleged developers of iPhone applications and third-party advertising networks or Internet metrics

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companies. The alleged capture of iDevice user information or storage of location information is

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claimed in all of the actions to constitute violations of various statutes and common law principles

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concerning personal privacy and consumer protection.

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For the foregoing reasons, Apple has made a motion to the Judicial Panel on Multidistrict

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Litigation suggesting that coordinated pretrial proceedings for Multidistrict Litigation, pursuant to

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28 U.S.C. § 1407, or other coordination would be appropriate to avoid conflicts, conserve

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resources, and promote an efficient determination of the actions, and is adding the above-noted

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actions to that pending Motion.3

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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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See Plaintiffs’ First Amended Complaint (Docket No. 71).

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Concurrent with this Notice, Apple is filing a Notice of Related Actions with the United States
Judicial Panel on Multidistrict Litigation notifying the Panel that the following actions are related
actions subject to Apple’s pending Motion to transfer proceedings to the United States District
Court for the Northern District of California pursuant to 18 U.S.C. § 1407 for coordinated or
consolidated pretrial treatment (MDL No. 2250): Gupta, Normand, Colon, Burke, Burwick,
Ammer, Diaz, O’Flaherty, Moylan, Snyder, and Ajjampur.

H OGAN L OVEL LS US
LLP

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ATT ORNE YS AT LA W
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NOTICE OF PENDENCY OF OTHER
ACTIONS OR PROCEEDINGS
Case No. CV 10-5878 LHK