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

Filing 167

EXPARTE/CONSENT Joint MOTION to Continue Briefing Schedule Regarding AT&T Mobility LLC's Preliminary Motions by Plaintiffs & AT&T Mobility LLC. (Attachments: # 1 Proposed Order)(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 text on 9/27/2010 (sek, ).

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

Doc. 167

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

JOINT MOTION TO CONTINUE BRIEFING SCHEDULE REGARDING AT&T MOBILITY LLC'S PRELIMINARY MOTIONS

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NOW INTO COURT, through undersigned counsel, come plaintiffs and AT&T Mobility LLC, who respectfully move this Court for an Order Continuing the Briefing Schedule Regarding AT&T Mobility LLC's Preliminary Motions, to wit: On August 19, 2010, Plaintiffs propounded discovery on AT&T Mobility LLC regarding discovery that Plaintiffs believe must be answered prior to filing the oppositions to AT&T Mobility LLC's Motion to Compel Arbitration. On September 17, 2010, AT&T Mobility LLC responded to Plaintiffs' First Request for Admission and First Request for Production with objections and responses, and on September 20, 2010, AT&T Mobility LLC responded to Plaintiffs' First Interrogatories with objections and responses.1 Plaintiffs and AT&T Mobility LLC disagree regarding AT&T Mobility LLC's objections to discovery, however, the parties are attempting to work through their differences. The differences between Plaintiffs and AT&T Mobility LLC are not likely to be resolved prior to the Plaintiffs' current deadline of October 1, 2010 to file responses to AT&T Mobility LLC's Motions to Dismiss and Motions to Compel Arbitration. Thus, the parties have agreed to continue the current briefing schedule.

On September 23, 2010, Plaintiffs sent AT&T Mobility LLC a draft Rule 30(b)(6) deposition notice seeking testimony on eight topics. AT&T Mobility LLC believes that the deposition notice is improper and intends to object to the notice. AT&T Mobility will subsequently meet and confer with Plaintiffs regarding the deposition notice. By agreeing to extend the briefing schedule on its Motions to Dismiss and Motions to Compel Arbitration, AT&T Mobility LLC does not, in any way, waive its right to seek appropriate relief from the Court with respect to the deposition notice, including a protective order, if meet and confer efforts are unsuccessful.

1

WHEREFORE, plaintiffs and AT&T Mobility LLC respectfully request that this Honorable Court grant the Joint Motion to Continue the Briefing Schedule Regarding AT&T Mobility LLC's Preliminary Motions. 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 and Gary J. Russo Jones, Walker, Waechter, Poitevent, Carrer, Denegre LLP 600 Jefferson Street, Suite 1600 Lafayette, LA 70501 Att orn eys for Defendant AT&T Mobility, LLC

CERTIFICATE OF SERVICE I hereby certify that on the 24th 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 electronic filing.

/s/Scott R. Bickford
SCOTT R. BICKFORD

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