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

Filing 195

EXPARTE MOTION to Expedite Hearing on Defendant, Apple Inc.'s, Motion to Stay by Defendant Apple Inc. (Attachments: # 1 Proposed Order)(Reference: all cases)(Urquhart, Quentin) Modified text on 11/5/2010 (sek, ).

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

Doc. 195

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA IN RE: APPLE iPHONE 3G AND 3GS "MMS" MARKETING AND SALES PRACTICES LITIGATION THIS DOCUMENT RELATES TO: ALL CASES CIVIL ACTION MDL No. 2116 SECTION "J" JUDGE BARBIER MAGISTRATE JUDGE WILKINSON MOTION AND INCORPORATED MEMORANDUM FOR EXPEDIATED HEARING Defendant, Apple Inc. ("Apple"), requests an expedited hearing on its Motion to Stay Plaintiffs' claims against Apple because this Court has ordered Plaintiffs and Defendant, AT&T Mobility LLC ("ATTM"), to submit a revised scheduling order to this Court by Friday, November 5, 2010. Significantly, this revised scheduling order expressly provides that it does not affect the current scheduling order as to Plaintiffs' claims against Apple. Apple, however, avers that there is no rational basis to continue on the current briefing schedule as to Apple only because Apple and ATTM's motions to dismiss are predicated on virtually identical grounds and ATTM's argument based on preemption is potentially dispositive. Accordingly, an expedited hearing of this matter is warranted so that this Court may consider entry of a single stay order as to all defendants.

Dockets.Justia.com

WHEREFORE, Defendant, Apple Inc., requests that this Honorable Court grant its Motion for Expedited Hearing on its Motion to Stay Plaintiffs' claims against Apple. Respectfully submitted, __/s/ Quentin F. Urquhart___________ IRWIN FRITCHIE URQUHART & MOORE, LLC QUENTIN F. URQUHART, JR. (#14475) DAVID W. O'QUINN (#18366) DOUGLAS J. MOORE (#27706) 400 Poydras Street, Suite 2700 New Orleans, Louisiana 70130 Telephone: [phone] Facsimile: [phone] PENELOPE A. PREOVOLOS (admitted pro hac vice) ANDREW MUHLBACH (admitted pro hac vice) HEATHER A. MOSER (admitted pro hac vice) MORRISON & FOERSTER, LLP 425 Market Street San Francisco, CA 94105-2482 Telephone: [phone] Facsimile: [phone] Counsel for Apple Inc.

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing pleading has been electronically filed on November 5, 2010, with the Clerk of Court by using the CM/ECF system which will send a notice of electronic filing. __/s/ Quentin F. Urquhart_

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