Friedman v. Apple, Inc. et al

Filing 22

Joint MOTION for Change Venue Joint Motion to Transfer Action to Northern District of California, San Jose Division 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 TRANSFER
ACTION TO NORTHERN
DISTRICT OF CALIFORNIA, SAN
JOSE DIVISION

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

Judge: Hon. Janis L. Sammartino
Complaint Filed: November 22, 2010

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Defendants.
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Joint Motion to Transfer Action to Northern District of California, San Jose Division
Case No. 3:10-cv-02403-JLS-POR
sf-2979835

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WHEREAS, a consolidated action entitled “In re Apple and AT&T iPad Unlimited Data

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Plan Litigation,” Case No. 5:10-cv-02553-RMW, is pending in the United States District Court

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for the Northern District of California, San Jose Division, which raises factual and legal issues

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similar to those raised in this action, against the same defendants on behalf of the overlapping

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putative classes;

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WHEREAS, on March 4, 2011, defendant Apple Inc. (“Apple”) filed a motion to transfer
this action to the Northern District of California, San Jose Division, and no opposition was filed;

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WHEREAS, counsel for plaintiff and Apple’s counsel have conferred and agree to

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transfer this action to the Northern District of California, San Jose Division, to be voluntarily

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coordinated and consolidated before one judge;

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WHEREAS, while venue is proper in this Court, venue of the present action would also be

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proper in the Northern District of California, San Jose Division, because Apple is headquartered

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in that District and Division;

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WHEREAS, Apple contends that its relevant witnesses and documents are primarily
located in that District and Division;

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WHEREAS, for the above reasons, transfer of this action to the San Jose Division of the

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Northern District of California, and relating this action with the consolidated action currently

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pending in that forum will conserve judicial and private resources, promote efficiency, is in the

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interested of justice and avoids the risk of inconsistent or conflicting rulings;

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IT IS HEREBY STIPULATED AND AGREED by and between plaintiff and Apple,
through their designated counsel of record, that this action:
1. be transferred to the San Jose Division of the United States District Court for the
Northern District of California pursuant to 28 U.S.C. § 1404(a); and
2. that plaintiff need not file an amended complaint in this action in order to effectuate
such transfer.
Pursuant to Local Rule 7.2, plaintiff and Apple have separately submitted a Proposed
Order granting the relief requested.

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Joint Motion to Transfer Action to Northern District of California, San Jose Division
Case No. 3:10-cv-02403-JLS-POR
sf-2979835

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Dated: April 14, 2011

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

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By:
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Attorneys for Defendant
APPLE INC.

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/s/ Penelope A. Preovolos
PENELOPE A. PREOVOLOS

Dated: April 14, 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
this Joint Motion to Transfer Venue. 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.

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By:

/s/ Penelope A. Preovolos
Penelope A. Preovolos

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Joint Motion to Transfer Action to Northern District of California, San Jose Division
Case No. 3:10-cv-02403-JLS-POR
sf-2979835

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