In Re: Apple iPhone 3G and 3GS MMS Marketing and Sales Practices Litigation

Filing 163

DEFICIENT: MOTION for Extension of Deadlines by PlaintiffS. Motion Hearing set for 9/29/2010 09:30 AM before Judge Carl Barbier. (Attachments: # 1 Proposed Order, # 2 Notice of Hearing)(Reference: 10-502; 10-0019; 09-5470; 10-0018; 10-501; 10-497; 09-7609; 09-7608; 10-500; 09-7607; 10-499; 10-0020; 10-498; 10-821; 09-7611; 09-7604; 10-1739)(Bickford, Scott) Modified on 9/10/2010 (sek, ).

In Re: Apple iPhone 3G and 3GS MMS Marketing and Sales Practices Litigation

Doc. 163

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

IN RE: APPLE iPHONE 3G AND 3G-S "MMS" MARKETING AND SALES PRACTICES LITIGATION

MDL DOCKET NO. 2116 SECTION: J

THIS DOCUMENT RELATES TO: JUDGE BARBIER Aleman/SDTX No. 10-11 EDLA No. 10-502 MAG. JUDGE WILKINSON Baxter/EDMI No. 09-13938 EDLA No. 10-0019 Casey/EDLA No. 09-5470 Franklin/SDAL No. 09-704 EDLA No. 10-0018 Friloux/EDTX No. 09-618 EDLA No. 10-501 Davis-Raulston/MDAL No. 09-1133; EDLA No. 10-497 Storner/Lierman/EDMO No. 09-1480; EDLA No. 09-7609 Irving/D-MN No. 09-2613 EDLA No. 09-7608 Jackson/SDMS No. 10-003 EDLA No. 10-500 Meeker/SDIL No. 09-607 EDLA No. 09-7607 Mejia/MDFL No. 09-2582 EDLA No. 10-499 Monticello/SDNY No. 09-9505 EDLA No. 10-0020 Novick/MDFL No. 10-002 EDLA No. 10-498 Padden/EDNY No. 10-128 EDLA No. 10-821 Sullivan/NDOH No. 09-1993 EDLA No. 09-7611 Sterker, et al/NDCA No. 09-4242 EDLA No. 09-7604 West/D-NJ No. 10-1370 EDLA No. 10-1739

MOTION AND INCORPORATED MEMORANDUM FOR EXTENSION OF TIME TO FILE OPPOSITION TO DEFENDANTS', APPLE, INC. AND AT&T MOBILITY LLC, PRELIMINARY MOTIONS

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NOW INTO COURT, through undersigned counsel, come plaintiffs, who have a deadline of September 10, 2010 to file their Opposition to Defendants', Apple, Inc. and AT&T Mobility LLC, Preliminary Motions. Pursuant to discussions had with the Court at the August 31, 2010 status conference, Plaintiffs are requesting an extension until October 1, 2010. Counsel for plaintiffs has attempted to reach an understanding with counsel for Apple, Inc. and AT&T Mobility LLC, however, those counsel have wanted to instead revamp the entire scheduling order. In response to our request for the continuance, counsel for Apple and AT&TM responded:

You should not represent to the Court that Apple will not agree to an extension. Both defendants have been willing to work with you to agree to the Oct. 1 extension plaintiffs seek. We agreed to this date in the con text of a comprehensive schedule that addresses all motions and all briefs , not just plaintiffs' opposition. It would be a misrepresentation to the Court if you leave it with the impression that we are simply unwilling to agree to any extension as that is not true.
Given the request for a 20 day extension, this may necessitate the rescheduling of certain deadlines and it is plaintiffs' position that once ATT&M files its discovery responses in this matter that it would then be a more appropriate time to address those matters. Given ATT&T and Apple's response, we are compelled to treat this as an opposed continuance but have no opposition to holding any deadlines for responses in abeyance until ATTM has filed its discovery. We further will be prepared to file our opposition to Apples motions on October, 1, 2010.

WHEREFORE, plaintiffs respectfully request that this Honorable Court grant Plaintiffs' Motion for Extension to file Opposition to Defendants' Motion to Dismiss First Supplemental and Amended Complaint from September 10, 2010 until October 1, 2010. Respectfully submitted,

/s/ SCOTT R. BICKFORD SCOTT R. BICKFORD (1165) Martzell & Bickford 338 Lafayette St. New Orleans, LA 70130 Telephone: [phone] Facsimile: 504/581-7636 [e-mail] Plaintiffs Liaison Counsel CERTIFICATE OF SERVICE I hereby certify that on the 10th day of September, 2010, I electronically filed the foregoing with the Clerk of Court by using the CM/ECF system which will send a notice of elect ronic filing.

/s/Scott R. Bickford
SCOTT R. BICKFORD

F:\Clients\APPLE i PHONE\Pleadings EDLA 09-2116\Motion for Extension.wpd