Lalo v. Apple, Inc et al

Filing 204

Order by Hon. Lucy H. Koh in case 5:10-cv-05881-LHK; granting (110) Stipulation in case 5:11-md-02250-LHK.Associated Cases: 5:11-md-02250-LHK, 5:10-cv-05878-LHK, 5:10-cv-05881-LHK, 5:11-cv-00407-LHK, 5:11-cv-00700-LHK, 5:11-cv-02110-LHK, 5:11-cv-02270-LHK, 5:11-cv-02317-LHK, 5:11-cv-03416-LHK, 5:11-cv-04207-LHK, 5:11-cv-04542-LHK, 5:11-cv-04554-LHK, 5:11-cv-04555-LHK, 5:11-cv-04556-LHK, 5:11-cv-04557-LHK, 5:11-cv-04558-LHK, 5:11-cv-04559-LHK, 5:11-cv-04560-LHK, 5:12-cv-00162-LHK, 5:12-cv-00163-LHK(lhklc3, COURT STAFF) (Filed on 10/24/2012)

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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]
Interim Class Counsel

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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In re iPhone Application Litigation

CASE NO. 11-MD-02250-LHK
STIPULATION AND [PROPOSED] ORDER
RE: WITHDRAWAL OF EDELSON
MCGUIRE LLC FROM THE PLAINTIFFS’
EXECUTIVE COMMITTEE

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Stipulation and [Proposed] Order Re: Withdrawal of Edelson McGuire LLC Case No. 11-MD-02250-LHK

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WHEREAS, prior to the filing of the Third Amended Consolidated Class Action Complaint

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(the “TACC”), former named-plaintiff Arun Gupta, through his counsel Edelson McGuire, LLC,

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which is one of the members of Plaintiffs’ Executive Committee, engaged in discussions with Interim

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Class Counsel that resulted in the mutual determination that the interests of the putative Geolocation

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Class were best served by no longer including Plaintiff Arun Gupta as a proposed representative of

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the putative Geolocation Class;

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WHEREAS, on October 4, 2012, Plaintiffs filed the TACC, which does not include Arun
Gupta as a proposed representative of the putative Geolocation Class (Dkt. 104);
WHEREAS, given that former-plaintiff Gupta is no longer involved in this lawsuit, Edelson

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McGuire, LLC seeks to withdraw as a member of Plaintiffs’ Executive Committee. Interim Class

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Counsel and Edelson McGuire have conferred and Interim Class Counsel has no objection to Edelson

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McGuire’s withdrawal from the Executive Committee; and

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WHEREAS, Defendant Apple Inc. has no procedural objection to the entry of the [proposed]
Order pursuant to this Stipulation, and takes no position on the substance of the request.
NOW, THEREFORE, Plaintiffs hereby stipulate and respectfully request that the Court
consent to Edelson McGuire withdrawing from the Plaintiffs’ Executive Committee.

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Respectfully submitted,

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DATED: October 23, 2012

EDELSON MCGUIRE LLC

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By:

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/s Jay Edelson
Jay Edelson

Attorneys for Former Geolocation Plaintiff
Arun Gupta

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Stipulation and [Proposed] Order Re: Withdrawal of Edelson McGuire LLC Case No. 11-MD-02250-LHK

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DATED: October 23, 2012

KAMBERLAW, LLC

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By:
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/s Scott A. Kamber
SCOTT A. KAMBER (pro hac vice)

Interim Lead Counsel for Plaintiffs

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DATED: October 23, 2012

GIBSON DUNN & CRUTCHER

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By: ___/s S. Ashlie Beringe_______
S. ASHLIE BERINGER

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Counsel for Defendant Apple Inc.

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ATTORNEY ATTESTATION

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Pursuant to Civil Local Rule 5-1, I, Deborah Kravitz, hereby attest that concurrence in the

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filing of this document has been obtained from Jay Edelson, Counsel for Former Plaintiff Arun

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Gupta, and S. Ashlie Beringer, counsel for Defendant Apple Inc.

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DATED: October 23, 2012

By:

/s Deborah Kravitz
DEBORAH KRAVITZ

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Stipulation and [Proposed] Order Re: Withdrawal of Edelson McGuire LLC Case No. 11-MD-02250-LHK

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[PROPOSED] ORDER
Pursuant to stipulation, Jay Edelson of Edelson McGuire LLC is no longer a member of the
Executive Committee in the above-captioned litigation.

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DATED: October 24, 2012
HON. LUCY H. KOH
UNITED STATES DISTRICT JUDGE

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Stipulation and [Proposed] Order Re: Withdrawal of Edelson McGuire LLC Case No. 11-MD-02250-LHK