Meguerian v. Apple, Inc

Filing 33

SECOND REVISED STIPULATION AND ORDER RE CONSOLIDATION OF CASES re (20 in 5:11-cv-01989-JF) Stipulation filed by Heather Silversmith, Kathleen Koffman, Lauren Scott, (32 in 5:11-cv-01758-JF) Stipulation filed by Garen Meguerian. Signed by Judge Jeremy Fogel on 7/5/11. (dlm, COURT STAFF) (Filed on 7/8/2011)

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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,

Case No. 11-cv-1758-JF
SECOND REVISED STIPULATION AND
------------------ ORDER RE
[PROPOSED]
CONSOLIDATION OF CASES

v.

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Apple Inc.,
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Defendant.

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

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Case No. 11-cv-1989-JF

Plaintiffs,
v.

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

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Case No. 11-cv-2394-PSG

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

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Plaintiff,

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v.
Apple Inc.,
Defendant.

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RECITALS

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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;

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WHEREAS, the parties intend that the Actions be consolidated for all purposes;

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WHEREAS, Plaintiffs filed a Consolidated Amended Complaint on June 16, 2011 in the

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case captioned Meguerian v. Apple Inc., No. 11-cv-01758-JF, with the intention that the

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Consolidated Amended Complaint shall become the operative complaint for the Actions, upon

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their consolidation.
STIPULATION

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IT IS THEREFORE STIPULATED by and between the parties, through their counsel of

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record, that, subject to the Court’s approval:

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I.

CONSOLIDATION OF RELATED ACTIONS

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1.

The above actions are hereby deemed related and consolidated for all purposes

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before this Court.

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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,

or transferred to this Court to determine whether the new action involves the same or
[11-cv-1758-JF] SECOND REVISED STIPULATION AND [PROPOSED] ORDER
RE CONSOLIDATION OF CASES

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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;

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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.

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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.

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

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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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3.

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

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.

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FILING OF CONSOLIDATED AMENDED COMPLAINT AND RESPONSE
THERETO
1.

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

three separate actions captioned above.
2.

Defendant shall file an answer or otherwise respond to the Consolidated

Amended Complaint on or before August 5, 2011.

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

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7/5/11