Herskowitz v. Apple, Inc

Filing 42

Order by Hon. Lucy H. Koh in case 5:12-cv-02131-LHK; granting (27) Motion to Consolidate Cases in case 5:12-cv-03124-LHK.Associated Cases: 5:12-cv-03124-LHK, 5:12-cv-02131-LHK(lhklc3S, COURT STAFF) (Filed on 11/2/2012)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 ROBERT HERSKOWITZ, individually and on ) behalf of all others similarly situated, ) ) Plaintiff, ) v. ) ) APPLE INC., ) ) Defendant. ) ) ) PHOEBE JUEL, individually and on behalf of all) others similarly situated, ) ) Plaintiff, ) v. ) ) APPLE INC., ) ) Defendant. ) ) Case No.: 12-CV-02131-LHK Related Case No.: 12-CV-03124-LHK ORDER CONSOLIDATING CASES 21 Before the Court is Apple Inc.’s Motion to Consolidate the two above-captioned cases. See 22 12-CV-02131-LHK, ECF No. 19; 12-CV-03124-LHK, ECF No. 27. Plaintiff Herskowitz opposes 23 this motion, 12-CV-02131-LHK, ECF No. 26, as does Plaintiff Juel, 12-CV-03124-LHK, ECF No. 24 31. Pursuant to Rule 42(a)(1) of the Federal Rules of Civil Procedure, “[i]f actions before the court 25 involve a common question of law or fact, the court may (1) join for hearing or trial any or all 26 matters at issue in the actions; [or] (2) consolidate the actions . . . .” 27 28 1 Case No.: 12-CV-02131-LHK Related Case No.: 12-CV-03124-LHK ORDER CONSOLIDATING CASES 1 The Court has reviewed Defendant’s motion and the relevant filings in both cases and finds 2 that these cases involve common questions of law and fact and that consolidation will promote 3 judicial economy. Specifically, the plaintiffs in both cases purport to represent nationwide classes 4 of purchasers of iTunes songs who were allegedly charged more than once for the same song. 5 Accordingly, Defendant’s Motion to Consolidate the two cases is GRANTED. The case 6 management conference set for November 8, 2012, at 1:30 p.m. remains as set. The parties shall 7 file a Joint Case Management Statement by noon on Wednesday, November 7, 2012. 8 9 IT IS SO ORDERED. United States District Court For the Northern District of California 10 11 Dated: November 2, 2012 _________________________________ LUCY H. KOH United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No.: 12-CV-02131-LHK Related Case No.: 12-CV-03124-LHK ORDER CONSOLIDATING CASES

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