Lalo v. Apple, Inc et al

Filing 162

CASE MANAGEMENT STATEMENT Supplemental Case Management Statement and [Proposed] Order filed by Apple, Inc, Quattro Wireless, Inc.. (Wilson, Bryan) (Filed on 8/4/2011)

1
2
3
4
5
6
7
8
9
10
11

JAMES F. MCCABE (SBN 104686)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
BRYAN WILSON (SBN 138842)
[e-mail]
TERESA N. BURLISON (SBN 230854)
[e-mail]
MORRISON & FOERSTER LLP
755 Page Mill Road
Palo Alto, California 94304-1018
Telephone: [phone]
Facsimile: 650.494.0792
Attorneys for Defendant
APPLE INC., a California corporation
and QUATTRO WIRELESS, INC.

12
13
14

MICHAEL L. CHARLSON (Bar No. 122125)
[e-mail]
MAREN J. CLOUSE (Bar No. 228726)
[e-mail]
HOGAN LOVELLS US LLP
525 University Avenue, 4th Floor
Palo Alto, California 94301
Telephone: [phone]
Facsimile: 650.463.4199
CHRISTOPHER WOLF (Admitted Pro Hac Vice)
[e-mail]
HOGAN LOVELLS US LLP
Columbia Square
555 Thirteenth Street, NW
Washington, DC 20004
Telephone: [phone]
Facsimile: 202.637.5910
CLAYTON C. JAMES (Admitted Pro Hac Vice)
[e-mail]
HOGAN LOVELLS US LLP
One Tabor Center, Suite 1500
1200 Seventeenth Street
Denver, Colorado 80202
Telephone: [phone]
Facsimile: 303.899.7333

15
16

UNITED STATES DISTRICT COURT

17

NORTHERN DISTRICT OF CALIFORNIA

18

SAN JOSE DIVISION

19

In Re iPhone Application Litigation

20

Case No.

10-CV-05878 LHK (PSG)

SUPPLEMENTAL CASE
MANAGEMENT STATEMENT
AND [PROPOSED] ORDER

21
22

Ctrm:
Judge:

23

4, 5th Floor
Honorable Lucy H. Koh

24
25
26
27
28
SUPP. CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER
10-CV-05878 LHK (PSG)
pa-1478829

1

1

Pursuant to Civil L-R 16-10(d), the parties to the above-entitled action certify that they

2

have met and conferred and jointly submit this Supplemental Case Management Statement and

3

Proposed Order, requesting the Court to adopt it as a Supplemental Case Management Order in

4

this case.

5
6
7
8

DESCRIPTION OF SUBSEQUENT CASE DEVELOPMENTS
The following progress or changes have occurred since the last case management
statement filed by the parties:
1.

On July 28, 2011, the Judicial Panel on Multidistrict Litigation (the “Panel”) heard

9

argument on the pending motion to transfer these consolidated actions and other related cases

10

filed around the country to the Northern District of California for coordinated or consolidated

11

pretrial treatment pursuant to 28 U.S.C. § 1407. At the hearing, all objections to transferring

12

matters to this Court were withdrawn. The Panel has not yet issued a ruling, but a ruling is

13

expected in the near future.

14

2.

On August 3, 2011, Apple and the Mobile Industry Defendants filed their

15

respective reply briefs in support of their respective motions to dismiss, and defendants’ motions

16

to dismiss now are fully briefed. The hearing on these motions currently is scheduled for

17

September 1, 2011.

18

3.

A case management conference presently is scheduled for August 10, 2011. In an

19

Order dated May 31, 2011, the Court directed that the parties may seek a continuance of this

20

CMC to August 24 if, by August 5, the Panel has not issued a transfer order.

21

4.

The parties have met and conferred on this issue, and believe that good cause

22

exists for a continuance of both the CMC and the September 1 hearing on the defendants’

23

motions to dismiss based on the following reasons:

24

a.

The Panel has not yet issued a ruling on the pending motion to transfer;

25

b.

Several parties are unavailable to attend the alternative date for a CMC

26

proposed by the Court – August 24, 2011. Likewise, various parties are

27

unable to attend the September 1, 2011 hearing date for the motions to

28

dismiss.
SUPP. CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER
10-CV-05878 LHK (PSG)
pa-1478829

1

1

c.

Therefore, in furtherance of judicial efficiency and to allow time for the

2

Panel to issue its ruling, the parties jointly request that the Court’s hearing

3

on the defendants’ respective motions to dismiss and the CMC be

4

continued to the same date, and propose any of the following dates in

5

September for this purpose: September 8 – 9, September 12-13, or

6

September 19 – September 22. The parties agree to file a case

7

management statement one week before the date the CMC is set.

8
9

Dated: August 4, 2011

MORRISON & FOERSTER LLP

10
11

By: /s/ Bryan Wilson
Bryan Wilson

12

Attorneys for Defendants
APPLE INC. and QUATTRO WIRELESS, INC.

13
14
15

Dated: August 4, 2011

DURIE TANGRI LLP

16
By: /s/ Michael H. Page
Michael H. Page

17
18

DURIE TANGRI LLP
MICHAEL H. PAGE
[e-mail]
JOSEPH C. GRATZ
[e-mail]
GENEVIEVE P. ROSLOFF
[e-mail]
217 Leidesdorff Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415-236-6300

19
20
21
22
23
24

Attorneys for Defendant
ADMOB, INC.

25
26
27
28

SUPP. CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER

10-CV-05878 LHK (PSG)
pa-1478829

2

1

Dated: August 4, 2011

GIBSON, DUNN & CRUTCHER LLP

2
3

By:

/s/ Gail E. Lees
Gail E. Lees

4
GAIL E. LEES
[e-mail]
S. ASHLIE BERINGER
[e-mail]
JOSHUA A. JESSEN
[e-mail]
GIBSON, DUNN & CRUTCHER LLP
1881 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

5
6
7
8
9
10

Attorneys for Defendants
FLURRY, INC. and PINCH MEDIA, INC.

11
12
13

Dated: August 4, 2011

DLA PIPER LLP (US)

14
15

By: /s/ Carter W. Ott
Carter W. Ott

16
LUANNE SACKS
CARTER W. OTT
[e-mail]
DLA PIPER LLP (US)
555 Mission Street, Suite 2400
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]

17
18
19
20
21

Attorneys for Defendant
MOBCLIX, INC.

22
23
24
25
26
27
28
SUPP. CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER

10-CV-05878 LHK (PSG)
pa-1478829

3

1

Dated: August 4, 2011

K&L GATES LLP

2
3

By: /s/ Seth A. Gold
Seth A. Gold

4

SETH A. GOLD (SBN 163220)
K&L GATES LLP
[e-mail]
10100 Santa Monica Boulevard, 7th Floor
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]

5
6
7
8
9

RACHEL R. DAVIDSON (SBN 215517)
K&L GATES LLP
[e-mail]
Four Embarcadero Center, Suite 1200
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

10
11
12
13

Attorneys for Defendant
TRAFFIC MARKETPLACE, INC., erroneously
sued as TrafficMarketplace.com, Inc.

14
15
16

Dated: August 4, 2011

COOLEY LLP

17
By:

18
19

/s/ Matthew D. Brown
Matthew D. Brown

MICHAEL G. RHODES
[e-mail]
MATTHEW D. BROWN
[e-mail]
COOLEY LLP
101 California Street, 5th Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

20
21
22
23
24

Attorneys for Defendants
ADMARVEL, INC and MILLENNIAL MEDIA
INC.

25
26
27
28

SUPP. CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER

10-CV-05878 LHK (PSG)
pa-1478829

4

1

Dated: August 4, 2011

2

KAMBERLAW, LLC
By:

/s/Scott A. Kamber
Scott A. Kamber

3
SCOTT A. KAMBER (pro hac vice)
[e-mail]
DAVID A. STAMPLEY (pro hac vice)
[e-mail]
KAMBERLAW, LLC
100 Wall Street, 23rd Floor
New York, New York 10005
Telephone: [phone]
Facsimile: [phone]

4
5
6
7
8

DEBORAH KRAVITZ (SBN 275661)
[e-mail]
KAMBERLAW, LLP
141 North St.
Healdsburg, California 95448
Telephone: [phone]
Facsimile: [phone]
Interim Class Counsel
Attorneys for Plaintiffs

9
10
11
12
13

Interim Class Counsel
Attorneys for Plaintiffs

14
15
16

GENERAL ATTESTATION
17
18
19
20

I, Bryan Wilson, am the ECF User whose ID and password are being used to file this
SUPPLEMENTAL CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER. In
compliance with General Order 45, X.B., I hereby attest that all persons signing this stipulation
have concurred in this filing.

21
22

Date: August 4, 2011

/s/ Bryan Wilson
Bryan Wilson

23
24
25
26
27
28
SUPP. CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER

10-CV-05878 LHK (PSG)
pa-1478829

5

1

SUPPLEMENTAL CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER

2

The Supplemental Case Management Statement and Proposed Order is hereby adopted by

3

the Court as a Supplemental Case Management Order for the case and the parties are ordered to

4

comply with this Order. Further, for good cause shown, the Court orders as follows:
1.

5

The Court’s hearing on the defendants’ respective motions to dismiss is scheduled

6

for September ___, 2011. A case management conference is scheduled on that same date,

7

September ____, 2011, and will directly follow the hearing on the motions to dismiss.

8
9

Dated:
Honorable Lucy H. Koh
United States District Court Judge

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SUPP. CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER
10-CV-05878 LHK (PSG)
pa-1478829

6