Lalo v. Apple, Inc et al

Filing 47

EXHIBITS re 46 Brief i/s/o iPhone Plaintiffs' Group Leadership Structure Recommendation filed byJonathan Lalo. (Attachments: # 1 Exhibit Exh 1(A-1) KamberLaw Firm Resume, # 2 Exhibit Exh 1(A-2) Lockridge Grindal Nauen Resume, # 3 Exhibit Exh B Proposed Order, # 4 Exhibit Exh 2 W. Audet Declaration, # 5 Exhibit Exh 3 J. Wilson Declaration)(Related document(s) 46 ) (Stampley, David) (Filed on 3/26/2011)

Lalo v. Apple, Inc et al

Doc. 47 Att. 3

EXHIBIT B

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Having considered the submission of Plaintiffs' counsel, and in light of the Court's prior order of March 15, 2011, this Court hereby orders as follows: Under Fed. R. Civ. P. 23(g)(3), a court "may designate interim counsel to act on behalf of a putative class before determining whether to certify the action as a class action." Under Rule 23(g)(1) a court considers "(i) the work counsel has done in identifying or investigating potential claims in the action; (ii) counsel's experience in handling class actions, other complex litigation, and the types of claims asserted in the action; (iii) counsel's knowledge of the applicable law; and (iv) the resources that counsel will commit to representing the class." The Court may also consider "any other matter pertinent to counsel's ability to fairly and adequately represent the interests of the class." Fed. R. Civ. P. 23(g)(1)(B). Upon review and consideration, the Court finds that appointment of Scott A. Kamber of KamberLaw, LLC as interim Class Counsel will best serve the interests of the putative class. 1 [PROPOSED] ORDER APPOINTING INTERIM CLASS COUNSEL AND OTHER LEADERSHIP In re iPhone Application Litigation ) ) ) ) ) ) Case No.: CV-10-5878 LHK (PSG) [PROPOSED] ORDER APPOINTING INTERIM CLASS COUNSEL AND OTHER LEADERSHIP UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

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Proposed counsel have made a significant investment into this litigation that has directly advanced the interests of the Class, has sufficient resources to vigorously protect the interests of the class in future litigation and have a background of success as Class Counsel in national privacy related class actions. Furthermore, KamberLaw LLC has the support of almost all plaintiffs and counsel in this consolidated action. In addition, as suggested in the moving papers of plaintiffs lalo et al., the appointment of a two member Executive Committee and a San Francisco, California based law firm as Liaison Counsel is appropriate. Accordingly: 1. The Court hereby appoints Attorney Scott A. Kamber of KamberLaw, LLC as

Interim Class Counsel in the above-entitled action. Interim Class Counsel shall have the authority as outlined in the Court's March 15, 2011 Order as well as those set forth in the manual for Complex Litigation (4th Ed. 2004). 2. The Court hereby appoints Attorney Robert Shelquist of Lockridge Grindal

Nauen P.L.L.P. and Attorney Jeremy R. Wilson of Wilson Trosclair & Lovins, PLLC as members of the Executive Committee. To the extent delegated by Interim Class Counsel, members of the Executive Committee shall execute the Orders of the Court concerning the conduct of the litigation. This may include participation in drafting pleadings, motions, oral argument, written discovery, depositions, or pre-trial preparation and settlement. Interim Class Counsel may organize and delegate to other counsel of record other matters to the extent appropriate for the efficient prosecution of the case. In working with Interim Class Counsel to prosecute the case, members of the Executive Committee will assist in assuring that the case is handled efficiently and cost effectively, and Lead Counsel shall consult with the Executive Committee members with respect to key motions and critical issues in the case. and 3. The Court hereby appoints Attorney William M. Audet of Audet & Partners, LLP

as Plaintiffs' Liaison Counsel. Liaison Counsel shall act at the direction of Interim Class Counsel to assist in tasks relating to filings and the conduct of litigation in this Court pursuant to the Manual for Complex Litigation, (4th Ed. 2004).

2 [PROPOSED] ORDER APPOINTING INTERIM CLASS COUNSEL AND OTHER LEADERSHIP

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IT IS HEREBY ORDERED. Dated: By:

LUCY H. KOH UNITED STATES DISTRICT COURT JUDGE

3 [PROPOSED] ORDER APPOINTING INTERIM CLASS COUNSEL AND OTHER LEADERSHIP