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PLTFS’ NOTICE OF MOTION AND MOTION FORORDER RE: PRELIM. APPROVAL OF SETTLEMENTCASE NO. 5:10-CV-02553 RMW
NOTICE OF MOTION
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE
that on September 26, 2013, at 2:00 p.m., in the Courtroom of the Honorable Ronald M. Whyte, United States District Judge for the Northern District of California, San Jose Division, 280 South 1st Street, San Jose, California, Plaintiffs AdamWeisblatt, Joe Hanna, David Turk, Colette Osetek and Aaron Friedman (“Plaintiffs”) will andhereby do move the Court, pursuant to Federal Rule of Civil Procedure 23, for the entry of Orders:
(a) preliminary approving a proposed Stipulation of Settlement entered into betweenPlaintiffs, on behalf of themselves and others similarly situated, and defendant Apple Inc. (the“Apple Settlement”);
(b) preliminarily approving a proposed Stipulation of Settlement entered into betweenPlaintiff Joe Hanna, on behalf of himself and others similarly situated, and defendant AT&TMobility LLC (the “ATTM Settlement”);
(c) certifying, for settlement purposes, the proposed Settlement Class, as defined in theApple Settlement, and certifying, for settlement purposes, the proposed ATTM Non-SubscriberSettlement Class, as defined in the ATTM Settlement;(d) appointing Lieff Cabraser Heimann & Bernstein LLP (Michael W. Sobol and Roger N.Heller), The Weston Firm (Gregory S. Weston and Jack Fitzgerald), Schubert Jonckheer & KolbeLLP (Willem F. Jonckheer), Casey, Gerry, Schenk, Francavilla, Blatt & Penfield LLP (Gayle M.Blatt), and Hiden, Rott & Oertle, LLP (Michael Ian Rott and Eric Overholt) as Class Counselrepresenting the Settlement Class in connection with the Apple Settlement; and appointing Lieff Cabraser Heimann & Bernstein LLP (Michael W. Sobol and Roger N. Heller) as Class Counselrepresenting the ATTM Non-Subscriber Settlement Class in connection with the ATTM
In advance of the preliminary approval hearing, the parties will file proposed preliminaryapproval orders that include a proposed schedule for final approval.
The Apple Settlement is attached as Exhibit A to the Declaration of Roger N. Heller, filedherewith (“Heller Decl.”).
The ATTM Settlement is attached as Exhibit B to the Heller Decl.
Case5:10-cv-02553-RMW Document183 Filed09/12/13 Page2 of 30