Friedman v. Apple, Inc. et al

Filing 9

MOTION for Extension of Time to File Response/Reply Joint Motion to Extend Defendants' Time to Respond to Class Action Complaint by Apple, Inc.. (Preovolos, Penelope) Modified to correct event on 1/25/2011 (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 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 Extend Defendants’ Time To Respond To Complaint
Case No. 3:10-cv-02403
sf-2946420

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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 extend

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

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(“Complaint”) until March 2, 2011. ATTM’s response is currently due January 31, 2011, and

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Apple’s response is currently due January 28, 2011.

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

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

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and allegations, and whether they involve common questions of law and fact, as those raised in

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three cases that were consolidated and currently pending in the San Jose Division of the United

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States District Court for the Northern District of California before the Honorable Ronald M.

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

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

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

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transfer venue of the above-captioned Friedman action to the San Jose Division of the United

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

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the parties to consider whether to seek transfer, the parties respectfully request that defendants’

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time to respond to the Complaint be extended until March 2, 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: January 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 Extend Defendants’ Time To Respond To Complaint
Case No. 3:10-cv-02403
sf-2946420

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Dated: January 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: January 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 Extend Defendants’ Time To Respond To Complaint
Case No. 3:10-cv-02403
sf-2946420

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