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

Filing 284

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum to Plaintiffs' Notice of Recent Decision by Defendant Apple Inc. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Reply Memorandum to Plaintiffs' Notice of Recent Decision)(Reference: All Actions)(Urquhart, Quentin) (Attachment 2 replaced on 2/9/2012) (gec, ). Modified text on 2/10/2012 (gec, ).

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

CIVIL ACTION

THIS DOCUMENT RELATES TO:

SECTION “J”
JUDGE BARBIER

MDL No. 2116

All Actions
MAGISTRATE JUDGE WILKINSON
DEFENDANT APPLE INC.’S MOTION
FOR LEAVE TO FILE REPLY MEMORANDUM
NOW INTO COURT, through undersigned counsel, comes Defendant, Apple Inc.
(“Apple”), who respectfully requests that this Court grant it leave to file a Reply
Memorandum to Plaintiffs’ Notice of Recent Decision (Rec. Doc. 282-2).

Plaintiffs

requested leave to file the Notice of Recent Decision after this Court heard argument on
Apple’s Motion to Compel Arbitration and Motion to Dismiss pursuant to Federal Rule of
Civil Procedure 12(b)(7) on January 12, 2012. Apple believes its Reply Memorandum will
be helpful to the Court in considering the case raised by Plaintiffs, In re: American Express
Merchants’ Litigation, No. 06-1871-cv (2nd Circuit. Feb. 1, 2012), in the context of the
United States Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct.
1740 (2011).
WHEREFORE, Defendant, Apple Inc., requests that this Court grant it leave to file a
Reply Memorandum to Plaintiffs’ Notice of Recent Decision (Rec. Doc. 282-2).

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 (admitted pro hac vice)
SUZANNA P. BRICKMAN (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
February 9, 2012, with the Clerk of Court by using the CM/ECF system which will send a notice
of electronic filing.
__/s/ Quentin F. Urquhart_