Koschitzki v. Apple Inc. et al

Filing 90

NOTICE by Apple Inc. re 80 Notice(Other) NOTICE OF SECOND SUPPLEMENTAL FILING RELATING TO MOTION TO TRANSFER PURSUANT TO 28 U.S.C. § 1407 (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Muhlbach, Andrew)

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Koschitzki v. Apple Inc. et al Doc. 90 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK AVI KOSCHITZKI, On Behalf Of Himself and all Others Similarly Situated, Plaintiff, Civil Action No. 08 Civ. 4451 (JBW) (VVP) v. APPLE, INC. and AT&T MOBILITY INC. Defendants. NOTICE OF SECOND SUPPLEMENTAL FILING RELATING TO MOTION TO TRANSFER PURSUANT TO 28 U.S.C. § 1407 TO THE CLERK OF THIS COURT AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on March 11, 2009, in connection with the motion for transfer and consolidation of this and eleven similar actions that Apple filed with the Judicial Panel on Multidistrict Litigation (the "JPML") on March 5, 2009 pursuant to 28 U.S.C. § 1407, Apple submitted the following documents to the JPML: SECOND REVISED SCHEDULE OF PENDING ACTIONS; and PROOF OF SERVICE. Copies of the documents are attached hereto as Exhibits A and B. Defendant Apple Inc. files this Notice pursuant to Rule 5.12(c) of the Rules of the Judicial Panel for the purpose of informing the Court of the pendency of the sf-2654991 1 Dockets.Justia.com proceedings before the MDL Panel and will keep the Court informed of further developments. Dated: New York, New York March 11, 2009 MORRISON & FOERSTER LLP Jamie A. Levitt 1290 Avenue of the Americas New York, New York 10104-0012 Telephone: (212) 468-8000 Facsimile: (212) 468-7900 JLevitt@mofo.com __/s/ Andrew D. Muhlbach______________ Penelope A. Preovolos (admitted pro hac vice) Andrew D. Muhlbach (admitted pro hac vice) Heather A. Moser (admitted pro hac vice) 425 Market Street San Francisco, California 94105 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 PPreovolos@mofo.com AMuhlbach@mofo.com HMoser@mofo.com Attorneys for Defendant APPLE INC. sf-2654991 2 CERTIFICATE OF SERVICE The undersigned hereby certifies that he/she/they served a copy of the foregoing NOTICE OF SECOND SUPPLEMENTAL FILING RELATING TO MOTION TO TRANSFER PURSUANT TO 28 U.S.C. § 1407 to the following via U.S. Mail, postage prepaid, on March 11, 2009: Joshua Farkas Stein Farkas & Schwartz LLP 1639 East 13th Street Brooklyn, NY 11229 Attorneys for Plaintiff Koschitzki Mia R. Gimenez ATTESTATION OF E-FILED SIGNATURE I, Andrew D. Muhlbach, am the ECF User whose ID and password are being used to file this Certificate of Service. In compliance with General Order 45, X.B., I hereby attest that Mia Gimenez has read and approved this Proof of Service and consents to its filing in this action. Dated: March 11, 2009. MORRISON & FOERSTER LLP _____/s/ Andrew D. Muhlbach______ Andrew D. Muhlbach sf-2654758

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