Lalo v. Apple, Inc et al

Filing 70

NOTICE by Apple, Inc Notice of Pendency of Other Action (Attachments: # 1 Exhibit A)(Charlson, Michael) (Filed on 4/14/2011)

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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

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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. CV-10-5878 LHK (PSG)
NOTICE OF PENDENCY OF OTHER
ACTION

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The Honorable Lucy H. Koh

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H OGAN L OVELLS US
LLP
ATTORNEYS AT LAW
PALO ALTO

NOTICE OF PENDENCY OF OTHER ACTION
Case No. CV-10-5878 LHK (PSG)

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Pursuant to Local Rule 3-13, Defendant Apple Inc., a California corporation (“Apple”),

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submits this Notice of Pendency of Other Action to give notice of the following action: Natasha

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Acosta and Dolma Acevedo-Crespo, individually, and on behalf of all others similarly situated,,

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Plaintiffs, v. Apple, Inc., et al., Defendants, Case No. 11-CV-01326-JAF, pending in U.S. District

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Court for the District of Puerto Rico, filed on April 7, 2011.1

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The Acosta action is a putative class action purportedly brought on behalf of iPhone and

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iPad users in the United States. The defendants are Apple and other parties alleged to be makers

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of applications that work on iPhones and iPads. The plaintiff class seeks to recover damages for

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alleged interception and transmission to third party advertisers of users’ personally identifying

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information by applications that can be downloaded by users from Apple’s App Store.

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The actions all arise from the same or substantially identical transactions, happenings or

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events, and call for determination of the same or substantially identical questions and fact, and

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related questions of law. In particular, all the actions involve allegations that certain applications

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

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identifying information of iPhone and iPad users by transmitting information from the Unique

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Device Identifier (“UDID”) associated with each device. Although the group of defendants in

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each action differs somewhat, Apple is a defendant in all the actions, and the other named

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defendants are alleged to be developers of various iPhone and iPad applications and their

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affiliates. The alleged capture and abuse of user information from the devices’ UDID’s is

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claimed in all the actions to constitute violations of various statutes and common law principles

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concerning personal privacy and consumer protection.

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For the foregoing reasons, coordinated pretrial proceedings for Multidistrict Litigation,

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pursuant to 28 U.S.C. § 1407, or other coordination is appropriate to avoid conflicts, conserve

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resources, and promote an efficient determination of the actions. Hence, Apple is seeking an

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order from the Judicial Panel on Multidistrict Litigation transferring the Acosta action and the

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H OGAN L OVELLS US
LLP
ATTORNEYS AT LAW
PALO ALTO

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A copy of the Acosta Complaint is attached as Exhibit A. Apple has not yet been served with
the Complaint.
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NOTICE OF PENDENCY OF OTHER ACTION
Case No. CV-10-5878 LHK (PSG)

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Thompson action currently pending in U.S. District Court for the Western District of Arkansas2 to

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this Court for coordinated or consolidated pretrial proceedings.

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Dated: _April 14, 2011

HOGAN LOVELLS US LLP

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

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Attorneys for Defendant
APPLE INC., a California corporation

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H OGAN L OVELLS US
LLP
ATTORNEYS AT LAW
PALO ALTO

Apple filed a Notice of Pendency of Other Action or Proceeding on February 23, 2011 (Dkt.
No. 30) to advise the Court of the Thompson action.
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NOTICE OF PENDENCY OF OTHER ACTION
Case No. CV 10-5878 LHK