Friedman v. Apple, Inc. et al

Filing 12

Joint MOTION for Extension of Time to File Answer Joint Motion to Further Extend Defendants' Time to Respond to Class Action Complaint by Apple, Inc. (Preovolos, Penelope) (lmt).

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PENELOPE A. PREOVOLOS (CA SBN 87607)
[e-mail]
ANDREW D. MUHLBACH (CA SBN 175694)
[e-mail]
STUART C. PLUNKETT (CA SBN 187971)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Defendant
APPLE INC.

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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AARON FRIEDMAN, on behalf of himself and
all others similarly situated,

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Plaintiff,
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v.

Case No.

3:10-cv-02403-JLS-POR

JOINT MOTION TO FURTHER
EXTEND DEFENDANTS’ TIME TO
RESPOND TO CLASS ACTION
COMPLAINT

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APPLE INC. a California Corporation; AT&T
MOBILITY, LLC, a Delaware Corporation, and
DOES 1 through 10, inclusive,

[LOCAL CIVIL RULE 12.1]
Judge: Hon. Janis L. Sammartino

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Defendants.

Complaint Filed: November 22, 2010

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Joint Motion To Further Extend Defendants’ Time To Respond To Complaint
Case No. 3:10-cv-02403
sf-2960723

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Pursuant to Local Rule 12.1, Plaintiff Aaron Freidman (“plaintiff”), Defendants Apple

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Inc. (“Apple”) and AT&T Mobility, LLC (“ATTM”) respectfully request that the Court further

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extend the deadline by which defendants must respond to plaintiffs’ Class Action Complaint

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(“Complaint”) until April 1, 2011. Defendants’ response is currently due March 2, 2011.

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The parties seek this extension not for delay, but rather to permit the parties to continue to

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consider whether the issues plaintiff raises regarding the Apple iPad arise from the same

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circumstances and allegations, and whether they involve common questions of law and fact, as

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those raised in three cases that were consolidated and currently pending in the San Jose Division

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of the United States District Court for the Northern District of California before the Honorable

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Ronald M. Whyte concerning the Apple iPad. The consolidated case is styled as Weisblatt et al v.

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Apple Inc. et al, Case No. 5:10-cv-02553 RMW (the case number for the first-filed action). The

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parties have met and conferred about whether a joint stipulation, pursuant to 28.U.S.C. §§1404(a)

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and (b), to transfer venue of the above-captioned Friedman action to the San Jose Division of the

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United States District Court for the Northern District of California is appropriate. Accordingly, to

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allow the parties to continue to consider whether to seek transfer, the parties respectfully request

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that defendants’ time to respond to the Complaint be extended until April 1, 2011.

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Pursuant to Local Rule 7.2, the parties have separately submitted a Proposed Order
granting the relief requested.

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Dated: February 24, 2011

PENELOPE A. PREOVOLOS
ANDREW DAVID MUHLBACH
STUART C. PLUNKETT
MORRISON & FOERSTER LLP

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By:

/s/ Penelope A. Preovolos
PENELOPE A. PREOVOLOS
Attorneys for Defendant
APPLE INC.

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Joint Motion To Further Extend Defendants’ Time To Respond To Complaint
Case No. 3:10-cv-02403
sf-2960723

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Dated: February 24, 2011

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M. KAY MARTIN
KATHLEEN TAYLOR SOOY
CROWELL & MORING, LLP

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By:

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/s/ M. Kay Martin
M. KAY MARTIN
Attorneys for Defendant
AT&T MOBILITY LLC

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Dated: February 24, 2011

GAYLE M. BLATT
CASEY, GERRY, SCHENK,
FRANCAVILLA, BLATT & PENFIELD LLP

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By:

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/s/ Gayle M. Blatt
GAYLE M. BLATT
Attorneys for Plaintiff
AARON FRIEDMAN

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I, Penelope A. Preovolos, am the ECF User whose ID and password are being used to file
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this Stipulation. In compliance with Section 2(f)(4) of the Electronic Case Filing Administrative
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Policies and Procedures Manual,, I hereby attest that I have on file the concurrences for any
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signatures indicated by a “conformed” signature (/s/) within this efiled document.
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By:

/s/ Penelope A. Preovolos
Penelope A. Preovolos

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Joint Motion To Further Extend Defendants’ Time To Respond To Complaint
Case No. 3:10-cv-02403
sf-2960723

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