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

Filing 269

Request/Statement of Oral Argument by Defendant Apple Inc. regarding 268 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(B)(7) (Reference: All Actions)(Urquhart, Quentin) Modified text on 12/13/2011 (gec, ).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CIVIL ACTION
IN RE: APPLE iPHONE 3G AND 3GS
“MMS” MARKETING AND SALES
PRACTICES LITIGATION

MDL No: 2116

THIS DOCUMENT RELATES TO ALL
CASES

SECTION “J”
JUDGE BARBIER
MAGISTRATE JUDGE WILKINSON

REQUEST FOR ORAL ARGUMENT
NOW INTO COURT, through undersigned counsel, comes Defendant, Apple Inc.
(“Apple”), who pursuant to Local Rule 78.1, respectfully requests oral argument on its Motion to
Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(7) (Rec. Doc. 268) which has been
noticed for hearing before the Honorable Honorable Carl J. Barbier, District Court Judge of the
United States District Court for the Eastern District of Louisiana, on the 12th day of January,
2012 at 2:00 p.m. (Rec. Doc. 268-2). Apple seeks the opportunity to address, before this Court,
the specific factual and legal reasons why the Motion to Dismiss should be granted and,
respectfully, submits that oral argument will assist the Court.

1

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)
STUART C. PLUNKETT (?)
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
December 12, 2011, with the Clerk of Court by using the CM/ECF system which will send a
notice of electronic filing to all counsel of record.

__/s/ Quentin F. Urquhart_

2