Friedman v. Apple, Inc. et al
Filing
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MOTION for Change Venue by Apple, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration D. House, # 3 Declaration S. Plunkett, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Proof of Service)(Preovolos, Penelope). Modified on 3/7/2011 - Plunkett Declaration has s/ signature. Email sent to Atty to file Corrected Declaration of S. Plunkett. Removed duplicate text (jah).
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PENELOPE A. PREOVOLOS (CA SBN 87607)
(PPreovolos@mofo.com)
ANDREW D. MUHLBACH (CA SBN 175694)
(AMuhlbach@mofo.com)
STUART C. PLUNKETT (CA SBN 187971)
(SPlunkett@mofo.com)
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: 415.268.7000
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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Plaintiffs,
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v.
Case No.
10-CV-2403 JLS POR
DECLARATION OF STUART C.
PLUNKETT IN SUPPORT OF
APPLE INC.’S MOTION TO
TRANSFER
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APPLE INC., a California corporation; AT&T
MOBILITY, LLC, and DOES 1 through 10,
inclusive,
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Defendants.
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DEC. OF S. PLUNKETT ISO MOTION TO TRANSFER
CASE NO. 10-CV-2403 JLS POR
sf-2960606
Date: May 19, 2011
Time: 1:30 p.m.
Ctrm: 6
Hon. Janis L. Sammartino
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I, Stuart C. Plunkett, declare:
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1.
I am a partner in the law firm of Morrison & Foerster LLC, counsel for defendant
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Apple Inc. (“Apple”) in this action. I make this declaration on my own personal knowledge, and
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if called as a witness, I could and would testify competently to the following facts:
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2.
Attached as Exhibit A is a true and correct copy of the complaint filed in Weisblatt
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v. Apple Inc., AT&T, Inc., and AT&T Mobility LLC, Northern District of California Case No. 10-
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CV-2553, on June 9, 2010.
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3.
Attached as Exhibit B is a true and correct copy of the complaint filed in Logan v.
Apple Inc. and AT&T Mobility LLC, Northern District of California Case No. 10-CV-2588, on
June 11, 2010.
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Attached as Exhibit C is a true and correct copy of the complaint filed in Osetek v.
Apple Inc., Northern District of California Case No. 10-CV-4253, on September 20, 2010.
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Attached as Exhibit D is a true and correct copy of Master Consolidated Complaint
filed in the consolidated Northern District actions on December 10, 2010.
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Attached as Exhibit E is a true and correct copy of the Northern District of
California’s December 15, 2010 Order consolidating the Weisblatt, Logan, and Osetek actions.
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Attached as Exhibit F is a true and correct copy of Apple’s Answer to the Master
Consolidated Complaint, filed on January 13, 2011.
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Attached as Exhibit G is a true and correct copies of AT&T Mobility LLC’s
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(“ATTM”) Motion to Dismiss the Master Consolidated Complaint and it Motion to Strike, filed
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on January 14, 2011. ATTM’s motions are still pending.
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9.
Attached as Exhibit H are true and correct copy of Case Management Order No. 1 in
the Northern District Actions, issued on January 25, 2011.
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Attached as Exhibit I is a true and correct copy of plaintiff’s First Request for
Production to Apple, which was served on February 4, 2011.
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Attached as Exhibit J are true and correct copies of plaintiff’s and Apple’s initial
disclosures, which were served on January 28, 2011 and February 11, 2011, respectively.
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DEC. OF S. PLUNKETT ISO MOTION TO TRANSFER
CASE NO. 10-CV-2403 JLS POR
sf-2960606
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12.
In light of the pendency of the Northern District of California actions, I contacted
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counsel for plaintiff on December 14, 2010, to request that plaintiff stipulate to a transfer of this
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action to the Northern District. Counsel stated that she would consider a transfer. Since
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December 14, 2010, I have contacted plaintiff’s counsel several more times to discuss
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transferring this action. Counsel has never told me whether plaintiff would agree to a transfer.
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I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed this 4th day of March, 2011, at San Francisco, California.
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/s/ Stuart C. Plunkett
Stuart C. Plunkett
SPlunkett@mofo.com
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DEC. OF S. PLUNKETT ISO MOTION TO TRANSFER
CASE NO. 10-CV-2403 JLS POR
sf-2960606
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INDEX OF EXHIBITS
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Exhibit
Document
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Exhibit A
Weisblatt v. Apple Inc., AT&T, Inc., and AT&T Mobility LLC
Complaint
Exhibit B
Logan v. Apple Inc. and AT&T Mobility LLC Complaint
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Exhibit C
Osetek v. Apple Inc. Complaint
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Exhibit D
Master Consolidated Complaint
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Exhibit E
Order consolidating the Weisblatt, Logan, and Osetek actions
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Exhibit F
Apple’s Answer to the Master Consolidated Complaint
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Exhibit G
AT&T Mobility LLC’s Motion to Dismiss the Master Consolidated
Complaint and it Motion to Strike
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Exhibit H
Case Management Order No. 1 in the Northern District Actions
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Exhibit I
Plaintiff’s First Request for Production to Apple
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Exhibit J
Plaintiff’s and Apple’s initial disclosures
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DEC. OF S. PLUNKETT ISO MOTION TO TRANSFER
CASE NO. 10-CV-2403 JLS POR
sf-2960606
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