Lalo v. Apple, Inc et al

Filing 89

Joinder in 72 Defendant Apple, Inc.'s Motion to Stay Proceedings filed by Flurry, Inc.. Motion Hearing set for 5/25/2011 02:00 PM in Courtroom 4, 5th Floor, San Jose before Hon. Lucy H. Koh. (Beringer, Susan) (Filed on 5/13/2011) Modified on 5/20/2011 counsel failed to link entry to document #72 (dhm, COURT STAFF).

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GIBSON, DUNN & CRUTCHER LLP
GAIL E. LEES, SBN 90363
[e-mail]
S. ASHLIE BERINGER, SBN 263977
[e-mail]
JOSHUA A. JESSEN, SBN 222831
[e-mail]
1881 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: 650.849.5333
Attorneys for Defendant
FLURRY, INC.

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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. 5:10-CV-05878 LHK (PSG)

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JOINDER OF DEFENDANT FLURRY,
INC. IN DEFENDANT APPLE, INC.’S
MOTION TO STAY PROCEEDINGS

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Date: May 25, 2011
Time: 2:00 p.m.
Place: Courtroom 4

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The Honorable Lucy H. Koh

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Gibson, Dunn &
Crutcher LLP

JOINDER – CASE NO. 5:10-CV-05878 LHK (PSG)

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TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
Defendant Flurry, Inc. (“Flurry”) hereby joins Apple, Inc.’s Motion to Stay Proceedings

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pending resolution of Apple’s motion with the Judicial Panel on Multidistrict Litigation to transfer

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several actions pending across the United States to this Court for coordinated or consolidated pretrial

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treatment. For the reasons set forth in Apple’s Motion and its supporting Memorandum of Points and

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Authorities, a short stay of this case pending resolution of Apple’s MDL Motion is plainly warranted

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here.

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DATED: May 13, 2011

GIBSON, DUNN & CRUTCHER LLP

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By:

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/s/ Gail E. Lees
Gail E. Lees

Attorneys for Defendant
FLURRY, INC.

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Gibson, Dunn &
Crutcher LLP

JOINDER – CASE NO. 5:10-CV-05878 LHK (PSG)

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DECLARATION OF SERVICE
I, Lorraine Nishiguchi, declare that I am employed in the County of Santa Clara, State of

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California; I am over the age of 18 years and am not a party to this action; my business address is

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1881 Page Mill Road, Palo Alto, California 94304, in said County and State. On May 13, 2011, I

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served the within:

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JOINDER OF DEFENDANT FLURRY, INC. IN DEFENDANT APPLE, INC.’S

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MOTION TO STAY PROCEEDINGS

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to all named counsel of record as follows:

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

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BY ECF (ELECTRONIC CASE FILING): I e-filed the above-detailed documents
utilizing the United States District Court, Northern District of California’s mandated ECF (Electronic
Case Filing) service on May 13, 2011. Counsel of record are required by the Court to be registered efilers, and as such are automatically e-served with a copy of the documents upon confirmation of efiling.

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I certify under penalty of perjury that the foregoing is true and correct, that I am employed in

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the office of a member of the bar of this Court at whose direction the service was made, and that this

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declaration is executed by the undersigned on May 13, 2011, at Palo Alto, California.

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/s/ Lorraine Nishiguchi
LORRAINE NISHIGUCHI

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Joinder in Apple's Motion to Stay.doc

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Gibson, Dunn &
Crutcher LLP

JOINDER – CASE NO. 5:10-CV-05878 LHK (PSG)