Lalo v. Apple, Inc et al

Filing 135

NOTICE by Apple, Inc NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING (Charlson, Michael) (Filed on 6/6/2011)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

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

16

UNITED STATES DISTRICT COURT

17

NORTHERN DISTRICT OF CALIFORNIA

18

SAN JOSE DIVISION

19
20

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

21
22

Honorable Lucy H. Koh

23
24
25
26
27
28

NOTICE OF PENDENCY OF OTHER
ACTION OR PROCEEDING
Case No. CV 10-5878 LHK

H OGAN L OVELLS US
LLP
ATTORNEYS AT LAW
PALO ALTO

\\\029613/000034 - 96133 v1

1
2
3

Pursuant to Local Rule 3-13, Defendant Apple Inc. (“Apple”) submits this Notice of
Pendency of Other Action or Proceeding to give notice of the following action: Burke, et al. v.
Apple Inc., et al., Case No. 11-cv-01855-JEO, filed June 1, 2011 in the United States District

4
Court for the Northern District of Alabama.
5
The action is a putative class action purportedly brought on behalf a class of users of

6
7

iPhone and iPad devices (“iDevices”) throughout the United States. Apple is named as a

8

defendant, and the plaintiff seeks to recover for alleged violations of privacy rights based on

9

supposed access of users’ iDevices by applications that can be downloaded by users from Apple’s

10

App Store and the alleged capture and storage of location data on iDevices.

11
12
13

The action is related to these Consolidated Actions. The action contains claims that
overlap with the claims alleged in the Consolidated Complaint,1 and calls for determination of

14

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

15

action involves allegations that certain software applications capture and abuse personal

16

identifying information of iDevice users and allegations that Apple captures and stores user

17

location information on iDevices. Apple is a defendant in the Burke action and the Consolidated

18

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

19
claimed in the actions to constitute violations of various statutes and common law principles
20
21

concerning personal privacy and consumer protection.

22

//

23

//

24

//

25
26
27
28

1

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

H OGAN L OVELLS US
LLP

1

ATTORNEYS AT LAW
PALO ALTO

\\\029613/000034 - 96133 v1

NOTICE OF PENDENCY OF OTHER
ACTION OR PROCEEDING
Case No. CV 10-5878 LHK

1

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

2

Litigation suggesting that coordinated or consolidated pretrial proceedings for Multidistrict

3

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

4

conflicts, conserve resources, and promote an efficient determination of the actions, and is adding

5

the above-noted action to that pending motion.2

6
7

Dated: June 6, 2011

HOGAN LOVELLS US LLP

8

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

9

Attorneys for Defendant
APPLE INC., a California corporation

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2

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 Burke action is a related
action 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).

H OGAN L OVELLS US
LLP

2

ATTORNEYS AT LAW
PALO ALTO

\\\029613/000034 - 96133 v1

NOTICE OF PENDENCY OF OTHER
ACTION OR PROCEEDING
Case No. CV 10-5878 LHK