Friedman v. Apple, Inc. et al

Filing 19

Joint MOTION for Extension of Time to File Answer to Class Action Complaint by Apple, Inc. (Attachments: # 1 Proof of Service)(Preovolos, Penelope) (lmt).

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1 2 3 4 5 6 7 PENELOPE A. PREOVOLOS (CA SBN 87607) ANDREW D. MUHLBACH (CA SBN 175694) STUART C. PLUNKETT (CA SBN 187971) MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 Facsimile: 415.268.7522 Attorneys for Defendant APPLE INC. 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 AARON FRIEDMAN, on behalf of himself and all others similarly situated, 13 Plaintiff, 14 v. Case No. 3:10-cv-02403-JLS-POR JOINT MOTION TO FURTHER EXTEND DEFENDANTS’ TIME TO RESPOND TO CLASS ACTION COMPLAINT 15 16 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 17 Defendants. Complaint Filed: November 22, 2010 18 19 20 21 22 23 24 25 26 27 28 Joint Motion To Further Extend Defendants’ Time To Respond To Complaint Case No. 3:10-cv-02403 sf-2972391 1 Pursuant to Local Rule 12.1, Plaintiff Aaron Freidman (“plaintiff”), Defendants Apple 2 Inc. (“Apple”) and AT&T Mobility, LLC (“ATTM”) respectfully request that the Court further 3 extend the deadline by which defendants must respond to plaintiff’s Class Action Complaint 4 (“Complaint”) until the Court resolves Apple’s pending motion to transfer this action to the 5 Northern District of California. Defendants’ response is currently due April 1, 2011. 6 Apple filed its motion to transfer on March 4, 2011. (Doc. No. 15.) Pursuant to the 7 Court’s March 8, 2011 scheduling order, plaintiff’s brief is due on April 8, 2011 and Apple’s 8 reply is due April 15, 2011. (Doc. No. 18.) 9 2011. A hearing is set on Apple’s motion for May 19, 10 The parties seek this extension not for delay, but rather to permit the parties to brief and 11 the Court to decide whether the issues plaintiff raises regarding the Apple iPad arise from the 12 same circumstances and allegations, and whether they involve common questions of law and fact, 13 as those raised in three cases that were consolidated and currently pending in the San Jose 14 Division of the United States District Court for the Northern District of California before the 15 Honorable Ronald M. Whyte concerning the Apple iPad. The consolidated case is styled as 16 Weisblatt et al v. Apple Inc. et al, Case No. 5:10-cv-02553 RMW (the case number for the first- 17 filed action). On January 13, 2011, Apple filed an answer in the consolidated case. 18 To allow the parties to complete briefing on Apple’s motion to transfer, and to permit the 19 Court to determine whether this action should be transferred to the Northern District of 20 California, the parties respectfully request that defendants’ time to respond to the Complaint be 21 extended until May 31, 2011. 22 23 Pursuant to Local Rule 7.2, the parties have separately submitted a Proposed Order granting the relief requested. 24 25 26 27 28 Joint Motion To Further Extend Defendants’ Time To Respond To Complaint Case No. 3:10-cv-02403 sf-2972391 1 1 Dated: March 29, 2011 2 PENELOPE A. PREOVOLOS ANDREW DAVID MUHLBACH STUART C. PLUNKETT MORRISON & FOERSTER LLP 3 4 By: 5 6 /s/ Penelope A. Preovolos PENELOPE A. PREOVOLOS Attorneys for Defendant APPLE INC. 7 8 9 Dated: March 29, 2011 10 M. KAY MARTIN KATHLEEN TAYLOR SOOY CROWELL & MORING, LLP 11 By: 12 13 /s/ M. Kay Martin M. KAY MARTIN Attorneys for Defendant AT&T MOBILITY LLC 14 15 16 17 Dated: March 29, 2011 GAYLE M. BLATT CASEY, GERRY, SCHENK, FRANCAVILLA, BLATT & PENFIELD LLP 18 19 By: 20 /s/ Gayle M. Blatt GAYLE M. BLATT Attorneys for Plaintiff AARON FRIEDMAN 21 22 23 24 25 26 27 I, Penelope A. Preovolos, am the ECF User whose ID and password are being used to file this Stipulation. In compliance with Section 2(f)(4) of the Electronic Case Filing Administrative Policies and Procedures Manual,, I hereby attest that I have on file the concurrences for any signatures indicated by a “conformed” signature (/s/) within this efiled document. By: /s/ Penelope A. Preovolos Penelope A. Preovolos 28 Joint Motion To Further Extend Defendants’ Time To Respond To Complaint Case No. 3:10-cv-02403 sf-2972391 2

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