Chiu v. Apple, Inc

Filing 31

ORDER Regarding MDL Panel Conditional Transfer Order transferring tag-along actions to Northern District of California. Signed by Judge Koh on 9/9/2011. (lhklc3, COURT STAFF) (Filed on 9/9/2011)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

United States District Court
For the Northern District of California

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IN RE IPHONE APPLICATION LITIG.

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Case No.: 11-MD-02250-LHK
ORDER REGARDING MDL PANEL
CONDITIONAL TRANSFER ORDER
TRANSFERRING TAG-ALONG
ACTIONS TO NORTHERN DISTRICT
OF CALIFORNIA

On August 29, 2011, the Judicial Panel on Multidistrict Litigation (“MDL Panel”) issued a

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Conditional Transfer Order with respect to tag-along actions that appear to involve questions of

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fact that are common to those raised in this MDL action, MDL No. 2250. See August 29, 2011

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Conditional Transfer Order (CTO-1), MDL No. 2250, Dkt. #115. On September 7, 2011, the MDL

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Panel issued a finalized CTO-1, transferring all but two tag-along actions to the undersigned. See

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September 7, 2011 CTO-1, MDL No. 2250, Dkt. #120. The two tag-along actions that have not

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been transferred because oppositions were filed are: Snyder et al v. Apple Inc., Case No. 11-00784

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in the Eastern District of Missouri and O’Flaherty v. Apple Inc., Case No. 11-00359 in the

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Southern District of Illinois. An omnibus case management conference is scheduled for these

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MDL proceedings, excluding the Snyder and O’Flaherty actions, before the undersigned on

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Wednesday, October 5, 2011 at 2:00 p.m. A Joint Case Management Statement is due by

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Wednesday, September 28, 2011.

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Case No.: 11-MD-02250-LHK
ORDER REGARDING TAG ALONG ACTIONS

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In light of the September 7, 2011 finalized CTO-1 and the upcoming October 5, 2011 case

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management conference, the undersigned: (1) vacates the deadlines currently set in the tag-along

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cases that have been transferred, pending the October 5, 2011 case management conference; (2)

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advises counsel in the transferred tag-along cases of the Case Management Order in these

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consolidated cases (Document Number 36 in Case Number 10-cv-05878-LHK), and, specifically,

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the section on “Consolidation and Treatment of Subsequent Actions;” (3) requires counsel in the

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transferred tag-along cases to register for the Court’s electronic case filing (ECF) system as soon as

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possible; and (4) invites all counsel, including counsel in the two tag-along actions that not been

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transferred, to appear at the October 5, 2011 omnibus case management conference either in person

United States District Court
For the Northern District of California

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or by phone. As represented to the Court at the August 11, 2011 case management conference,

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counsel for parties in the currently consolidated cases shall serve this Order, and file proof of

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service with the Court, on counsel for those parties in the tag-along actions by Friday, September

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16, 2011.

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IT IS SO ORDERED.

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Dated: September 9, 2011

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 11-MD-02250-LHK
ORDER REGARDING TAG ALONG ACTIONS