Meguerian v. Apple, Inc

Filing 31

REVISED STIPULATION AND ORDER RE CONSOLIDATION OF CASES re 23 . Signed by Judge Jeremy Fogel on 6/8/11. (dlm, COURT STAFF) (Filed on 6/17/2011)

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Michael J. Boni (Admitted 09/11/92)
[e-mail]
BONI & ZACK LLC
15 St. Asaphs Road
Bala Cynwyd, PA 19004
Telephone: [phone]
Facsimile: [phone]

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Proposed Interim Co-Lead Class Counsel

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Christopher T. Heffelfinger (SBN 118058)
[e-mail]
Anthony D. Phillips (SBN 259688)
[e-mail]
BERMAN DEVALERIO
One California Street, Suite 900
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Proposed Liaison Counsel for Plaintiffs

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Other Counsel Appear On Signature Page

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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Garen Meguerian, individually and on
behalf of all others similarly situated,

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Plaintiff,

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Apple Inc.,
Defendant.
Lauren Scott, Kathleen Koffman and
Heather Silversmith, individually and on
behalf of all others similarly situated,

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REVISED STIPULATION AND
-----------------[PROPOSED] ORDER RE
CONSOLIDATION OF CASES

v.

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Case No. 11-cv-1758-JF

Case No. 11-cv-1989-JF

Plaintiffs,
v.
Apple Inc.,
Defendant.
[11-cv-1758-JF] REVISED STIPULATION AND [PROPOSED] ORDER RE CONSOLIDATION OF CASES

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Twilah Monroe, individually and on
behalf of all others similarly situated,

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Case No. 11-cv-2394-PSG

Plaintiff,

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v.
Apple Inc.,
Defendant.

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WHEREAS, Plaintiffs in the above-captioned actions (“Actions”), on behalf of
themselves and all others similarly situated, all assert claims against Defendant Apple Inc.

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(“Defendant” or “Apple”) for its alleged deceptive acts and practices in connection with its sale

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to minors of “in-app” content; and

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WHEREAS, in an effort to effectively manage this litigation and proceed in an efficient
manner, IT IS HEREBY STIPULATED THAT:

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I.

CONSOLIDATION OF RELATED ACTIONS

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1.

The above actions are hereby deemed related and consolidated for discovery and

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pre-trial proceedings before this Court.
2.

The clerk shall establish and maintain a Master Docket and Master File for this

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proceeding under the caption “In re Apple In-App Purchase Litigation,” Master File No. 11-cv-

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1758 JF. All orders, pleadings, motions and other documents should, when filed and docketed

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in the Master File, be deemed filed and docketed in each individual case.

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3.

The parties will meet and confer if any additional action is filed in, removed to,

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or transferred to this Court to determine whether the new action involves the same or

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substantially similar issues of law and fact and whether consolidation would be appropriate. If

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the parties agree that the new action is appropriately consolidated with the Actions, the parties

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will follow the procedures below:

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a.

The parties will jointly file a request to consolidate the matter with this

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Court and counsel for Plaintiffs in the Consolidated Action shall serve notice on counsel in the

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action counsel are seeking be consolidated;
[11-cv-1758-JF] REVISED STIPULATION AND [PROPOSED] ORDER RE CONSOLIDATION OF CASES

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b.

The parties will jointly request that the Clerk of the Court:

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i.

place a copy of this Order in the separate file for such action;

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ii.

provide a copy of this Order to counsel for the plaintiff(s) in the

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newly filed or transferred action and to any defendant(s) in the newly filed or transferred action;

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and

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iii.

make an appropriate entry on the Master Docket for the

Consolidated Action.
4.

If the parties in the Actions do not agree that the new action should be

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consolidated with the Actions, the party seeking consolidation may, within ten (10) days after

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meeting and conferring with the party opposing consolidation, file a motion for consolidation.

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II.

FILING AND DOCKETING PROCEDURES

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1.

Every pleading hereafter filed in this Consolidation Action shall bear the

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following caption:

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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IN RE APPLE IN-APP PURCHASE
LITIGATION

Master File No. 11-cv-1758 JF

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This Document Relates To:
All Actions.
2.

When a pleading or paper is intended to be applicable to all actions to which this

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Order is applicable, the words “All Actions” shall appear immediately after the words “This

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Document Relates To:” in the caption set out above. When a pleading or paper is intended to be

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applicable to only some, but not all of such actions, this Court’s docket number for each action

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to which the pleading or paper is intended to be applicable and the last name of the first named

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plaintiff(s) in that action shall appear immediately after the words “This Document Relates To:”

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in the caption described above, i.e., “Civil Action No. _____ [Name of plaintiff(s)].”

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[11-cv-1758-JF] REVISED STIPULATION AND [PROPOSED] ORDER RE CONSOLIDATION OF CASES

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3.

When a pleading or paper is filed and the caption, pursuant to ¶ 2, shows that it is

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to be applicable to “All Actions,” the Clerk shall file such pleading or paper in the Master File

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and note such filing in the Master Docket. No further copies need be filed or other docket

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entries made.

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4.

When a pleading or paper is filed and the caption, pursuant to ¶ 2, shows that it is

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applicable to fewer than all of the Actions, the Clerk shall file such pleading or other paper only

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in the Master File but nonetheless shall note such filing in both the Master Docket and in the

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docket of each such action.

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III.

FILING OF CONSOLIDATED AMENDED COMPLAINT AND
RESPONSE THERETO

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Plaintiffs shall file a Consolidated Amended Complaint on or before June 17,

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Defendant need not answer or otherwise respond to any of the complaints in the

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2011.

three separate actions captioned above.
3.

Defendant shall file an answer or otherwise respond to the Consolidated

Amended Complaint on or before August 5, 2011.
4.

If Defendant files a motion to dismiss the Consolidated Amended Complaint,

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Plaintiffs shall file a response to the motion on or before September 2, 2011, and Defendant

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shall file its reply brief on or before September 21, 2011.

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IT IS SO STIPULATED.

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Dated: June 9, 2011

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By:

/s/ Christopher T. Heffelfinger
Christopher T. Heffelfinger

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Anthony D. Phillips
BERMAN DEVALERIO
One California Street, Suite 900
San Francisco, CA 94111
[phone]

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Proposed Interim Liaison Counsel for Plaintiffs

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[11-cv-1758-JF] REVISED STIPULATION AND [PROPOSED] ORDER RE CONSOLIDATION OF CASES

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Michael J. Boni
Joshua D. Snyder
BONI & ZACK LLC
15 St. Asaphs Road
Bala Cynwyd, PA 19004
[phone]
Simon Bahne Paris
Patrick Howard
SALTZ, MONGELUZZI, BARRETT &
BENDESKY, P.C.
One Liberty Place, 52nd Floor
1650 Market Street
Philadelphia, PA 19103
[phone]

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Proposed Interim Co-Lead Counsel for Plaintiffs

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Jonathan Shub
SEEGER WEISS, LLP
1515 Market Street
Philadelphia, PA 19102
[phone]

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Benjamin G. Edelman
LAW OFFICES OF BENJAMIN EDELMAN
27A Linnaean Street
Cambridge, MA 02138
[phone]
Roberta D. Liebenberg
Jeffrey S. Istvan
Gerard A. Dever
FINE, KAPLAN AND BLACK, R.P.C.
1835 Market Street, 28th Floor
Philadelphia, PA 19103
[phone]
Shanon J. Carson
Sarah R. Schalman-Bergen
BERGER & MONTAGUE, P.C.
1622 Locust St.
Philadelphia, PA 19103
[phone]
Attorneys for Plaintiffs

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[11-cv-1758-JF] REVISED STIPULATION AND [PROPOSED] ORDER RE CONSOLIDATION OF CASES

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Dated: June 9, 2011

By:

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/s/ Stuart C. Plunkett
Stuart C. Plunkett

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Stuart C. Plunkett
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, CA 94105
[phone]

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Attorneys for Defendant

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E-Filing Attestation

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I, Christopher T. Heffelfinger, am the ECF User whose ID and password are being used

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to file this document. In compliance with General Order 45 X.B., I hereby attest that Stuart C.

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Plunkett has concurred in this filing.

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IT IS SO ORDERED.
6/15/11
Dated: _________________

By:
Honorable Jeremy Fogel, USDJ

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[11-cv-1758-JF] REVISED STIPULATION AND [PROPOSED] ORDER RE CONSOLIDATION OF CASES

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