Phillips et al v. Apple Inc.

Filing 29

ORDER by Judge Lucy Koh granting 27 Motion to Relate Case; denying as moot 28 Motion to Relate Case (lhklc2S, COURT STAFF) (Filed on 12/1/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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WILLIAM SCOTT PHILLIPS, et al.,
Plaintiffs,

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v.

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Case No. 15-CV-04879-LHK
RELATED CASE ORDER (COTTRELL)
Re: Dkt. Nos. 27, 28

APPLE INC.,

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Defendant.

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Before the Court is an administrative motion to consider whether Cottrell v. Apple, Inc.,

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No. 15-CV-05205-EJD (“Cottrell”), should be related to Phillips, et al. v. Apple Inc., No. 15-CV-

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04879-LHK (“Phillips”). ECF No. 27.1 The time for filing an opposition or statement of support

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has passed. Pursuant to Civil Local Rule 3-12, the Court finds that these two actions “concern

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substantially the same parties, property, transaction or event” and “[i]t appears likely that there

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will be an unduly burdensome duplication of labor and expense or conflicting results if the cases

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are conducted before different Judges.” Civil L.R. 3-12. The Court therefore GRANTS the

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administrative motion to relate.

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On November 23, 2015, Apple filed a second, substantially similar motion to relate. ECF No.
28. In light of the Court’s decision in the instant Order, this second motion is DENIED as moot.
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Case No. 15-CV-04879-LHK
RELATED CASE ORDER (COTTRELL)

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Accordingly, Cottrell shall be reassigned to the undersigned judge. All future filings are to

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bear the initials “LHK.” Unless otherwise ordered, any dates for hearing noticed motions are

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vacated and must be renoticed by the moving party before the newly assigned judge; any deadlines

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set by the ADR Local Rules remain in effect; and any deadlines established in a case management

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order continue to govern, except dates for appearance in court, which will be rescheduled by the

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newly assigned judge. A copy of this Order shall be filed in the Cottrell docket.

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IT IS SO ORDERED.

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Dated: December 1, 2015
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LUCY H. KOH
United States District Judge

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United States District Court
Northern District of California

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Case No. 15-CV-04879-LHK
RELATED CASE ORDER (COTTRELL)