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

Filing 196

NOTICE by Plaintiffs & defendant ATTM re: Proposed Revised Scheduling Order. (Reference: 2:09-md-2116)(Sooy, Kathleen) Modified text on 11/8/2010 (sek, ).

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

Doc. 196

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

PROPOSED REVISED SCHEDULING ORDER Pursuant to the Court's November 3, 2010 Minute Order (Dkt. No. 193), plaintiffs and defendant AT&T Mobility LLC ("ATTM") set forth below their respective proposals for a revised scheduling order. Plaintiffs' Proposed Schedule Plaintiffs agree that ATTM should have a time period after the Concepcion decision to refile, amend, or dismiss their Motions to Compel Arbitration. Plaintiffs and ATTM have met and conferred on numerous occasions regarding the requested discovery and the discovery issues are ripe for decision by the Court at this time. Should the decision on Concepcion have an effect on the discovery requested by the Plaintiffs, the parties can address said effects in the meet and confer within 30 days of the Concepcion decision and/or in supplemental briefs.

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Plaintiffs do not agree with ATTM's requested schedule which would further delay a decision on the pending Motions to Compel Arbitration and Motions to Dismiss. United States Supreme Court issues decision in AT&T Mobility v. Concepcion [DATE]

Deadline for defendants to refile or file Motions to Compel Arbitration, Discovery Motions, and Motions to Dismiss, as appropriate, with regard to all outstanding complaints Deadline for parties to meet and confer regarding arbitration discovery

20 days after Concepcion decision

30 days after Concepcion decision

Deadline for PSC to supplemental briefing on Motions to Compel Arbitration and on Discovery Motions in light of Concepcion decision Deadline for defendants to file responsive briefing on Motions to Compel Arbitration and on Discovery Motions in light of Concepcion decision

40 days after Concepcion decision

15 days after plaintiffs' memorandum

ATTM's Proposed Schedule ATTM's position is that the revised schedule should address, and put on the same track, all of the pending complaints, including the complaints for which no schedule has been established yet for ATTM to file its responsive pleadings, including Tran v. Apple, Inc. and AT&T, LLC, No. 2:09-cv-07605, Molina v. Apple, Inc. and AT&T, LLC, No. 2:09-cv-07606, West v. Apple, Inc. and AT&T, LLC, No. 2:10-cv-01739, Fernandez v. Apple, Inc. and AT&T, LLC, No. 2 :10-cv-3236, and Wortman v. Apple, Inc. and AT&T, LLC, No. 2:10-cv-04109. ATTM's proposed schedule below, unlike plaintiffs' proposed schedule, addresses all of the pending complaints. There is also an additional case pending, Carr v. Apple, Inc. and AT&T,

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LLC, No. 2:09-cv-07612, which the plaintiffs have represented they intend to dismiss. The goal of multidistrict litigation proceedings is to allow for resolution of threshold issues, such as those in the motions to compel arbitration and the motions to dismiss, for an entire group of cases. ATTM requests the Court establish a schedule that addresses all pending cases. With respect to arbitration discovery, ATTM believes that the Concepcion decision will likely impact arbitration discovery and the discovery disputes framed in the discovery motions currently pending before the Court. The schedule proposed by ATTM provides an orderly process for the parties to meet and confer on arbitration discovery, then if the parties are unable to resolve any discovery disputes, to file updated memoranda framing the issues to be decided by the Court. United States Supreme Court issues decision in AT&T Mobility v. Concepcion [DATE]

Deadline for defendants to refile or file Motions to Compel Arbitration and Motions to Dismiss, as appropriate, with regard to all outstanding complaints Deadline for parties to meet and confer regarding arbitration discovery

28 days after Concepcion decision

42 days after Concepcion decision

If parties are unable to completely resolve issues on arbitration discovery, plaintiffs shall file with the Court a memorandum addressing remaining issues Deadline for defendants to file responses to plaintiffs' memorandum addressing outstanding discovery issues Deadline for plaintiffs to file oppositions to motions to compel arbitration and to dismiss complaints

Within 14 days of meet and confer

10 days after plaintiffs' memorandum

14 days after meet and confer if issues resolved in meet and confer, or 14 days after arbitration discovery issues completely resolved by Court

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Deadline for defendants to file replies

21 days after filing of plaintiffs' opposition

Dated: November 5, 2010

Respectfully submitted,

/s/ Scott R. Bickford Scott R. Bickford MARTZELL & BICKFORD 338 Lafayette Street New Orleans, LA 70130 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Plaintiffs' Liaison Counsel

/s/ Kathleen Taylor Sooy Kathleen Taylor Sooy Tracy A. Roman CROWELL & MORING LLP 1001 Pennsylvania Avenue, N.W. Washington, D.C. 20004 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Archis A. Parasharami Evan M. Tager MAYER BROWN LLP 1999 K Street, N.W. Washington, D.C. 20006-1101 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Gary P. Russo JONES, WALKER, WAECHTER, POITEVENT, CARRER, DENEGRE LLP 600 Jefferson Street, Suite 1600 Lafayette, Louisiana 70501

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Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant AT&T Mobility LLC

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CERTIFICATE OF SERVICE I hereby certify that on the 5th day of November, 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/ Kathleen Taylor Sooy Kathleen Taylor Sooy

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