Lalo v. Apple, Inc et al

Filing 151

MOTION to Relate Case ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED filed by Apple, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Charlson, Michael) (Filed on 7/18/2011)

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

James F. McCabe (Bar No. 104686)
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
Bryan Wilson (Bar No. 138842)
Teresa N. Burlison (Bar No. 230854)
MORRISON & FOERSTER LLP
755 Page Mill Road
Palo Alto, California 94304
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]

16

UNITED STATES DISTRICT COURT

17

NORTHERN DISTRICT OF CALIFORNIA

18

SAN JOSE DIVISION

19
20
21
22

In re iPhone Application Litigation

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

23
24

The Honorable Lucy H. Koh

25
26
27
28
ADMIN. MOT. TO CONSIDER WHETHER TO
RELATE CASES; Case No. CV 10-5878 LHK

1

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

2

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

3

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

4

give notice of the action Terrell v. Apple Inc., Case No. 11-cv-03416-JCS, filed July 12, 2011 in

5

the United States District Court for the Northern District of California.1

6

The action is related because it contains overlapping claims and calls for determination of

7

multiple questions of fact and law that will be the same or substantially similar as those claimed

8

in the Consolidated Actions. The Terrell complaint is almost identical to the original complaint

9

filed in the now-consolidated Lalo, et al. v. Apple, Inc., et al. action. Accordingly, like the

10

Consolidated Actions, the Terrell action involves allegations that certain software applications

11

that can be downloaded by users to work on iPhone or iPad devices capture and misuse personal

12

identifying information of iPhone and iPad users. Apple is a defendant in each of the actions.

13

The alleged capture and misuse of user information from the devices is claimed in the actions to

14

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

15

and consumer protection.

16

For the foregoing reasons, assignment of the Terrell action to this Court is likely to save

17

judicial and litigant resources, and it will diminish the likelihood of inconsistent results. In

18

addition, Apple believes that the Terrell action is properly consolidated with these consolidated

19

actions as provided in the Court’s CMO No. 1.

20

//

21

//

22

//

23
24
25
26
27
28

1

A copy of the Terrell Complaint is attached as Exhibit A.
-1-

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

1

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

2

counsel for Plaintiff in the Terrell actions. Apple has also served a copy of the Court’s April 7,

3

2011 Order Appointing Interim Class Counsel and Executive Committee (Dkt. No. 65) and Order

4

Granting in Part Joint Stipulation to Extend Briefing Schedule (Dkt. No. 134).2

5
6

Dated: July 18, 2011

HOGAN LOVELLS US LLP

7

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

8

Attorneys for Defendant
APPLE INC., a California corporation

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2

28

A copy of the Proof of Service of those orders is attached as Exhibit B.
-2-

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