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PLTFS’ NOTICE OF MOTION AND MOTION FOR ORDER RE: PRELIM. APPROVAL OF SETTLEMENTCASE NO. 5:10-CV-02553 RMW
Michael W. Sobol (State Bar No. 194857)Roger N. Heller (State Bar No. 215348)LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP275 Battery Street, 29th Floor San Francisco, CA 94111-3339Telephone: (415) 956-1000Facsimile: (415) 956-1008[additional counsel listed on signature page]
Attorneys for Plaintiffs and Interim Class Counsel
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIASAN JOSE DIVISIONIn Re Apple and AT&T iPad UnlimitedData Plan LitigationALL CONSOLIDATED ACTIONSCase No.5:10-cv-02553 RMW
PLAINTIFFS’ NOTICE OF MOTION ANDMOTION FOR ORDER GRANTINGPRELIMINARY APPROVAL OFPROPOSED CLASS ACTIONSETTLEMENTS AND FOR RELATEDRELIEF; MEMORANDUM OF POINTSAND AUTHORITIES
Date: September 26, 2013Time: 2:00 p.m.Judge: Hon. Ronald M. Whyte
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PLTFS’ NOTICE OF MOTION AND MOTION FOR ORDER 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:
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(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”);
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(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”);
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(c) certifying, for settlement purposes, the proposed Settlement Class, as defined in theApple Settlement, and certifying, for settlement purposes, the proposed ATTM Non-Subscriber Settlement 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
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In advance of the preliminary approval hearing, the parties will file proposed preliminaryapproval orders that include a proposed schedule for final approval.
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The Apple Settlement is attached as Exhibit A to the Declaration of Roger N. Heller, filedherewith (“Heller Decl.”).
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The ATTM Settlement is attached as Exhibit B to the Heller Decl.
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PLTFS’ NOTICE OF MOTION AND MOTION FOR ORDER RE: PRELIM. APPROVAL OF SETTLEMENTCASE NO. 5:10-CV-02553 RMW
Settlement;(e) appointing Adam Weisblatt, Joe Hanna, David Turk, Colette Osetek and AaronFriedman as Class Representatives representing the Settlement Class in connection with theApple Settlement; and appointing Joe Hanna as Class Representative representing the ATTM Non-Subscriber Settlement Class in connection with the ATTM Settlement;(f) approving the parties’ proposed forms of notice and notice program, as set forth in theApple Settlement and ATTM Settlement, and directing that notice be disseminated pursuant tosuch program;(g) appointing Kurtzman Carson Consultants LLC as Settlement Administrator; and(h) setting a Final Approval Hearing and certain other dates in connection with the finalapproval of the Apple Settlement and ATTM Settlement.This motion is based on the accompanying memorandum of points and authorities, theApple Settlement and ATTM Settlement and all exhibits thereto, the declarations of Roger N.Heller (“Heller Decl.”), Willem F. Jonckheer (“Jonckheer Decl.”), Gregory S. Weston (“WestonDecl.”), Gayle M Blatt (“Blatt Decl.”), Michael Ian Rott (“Rott Decl.”), and Patrick M. Passarella(“Passarella Decl.”) filed herewith, the argument of counsel, all papers and records on file in thismatter, and such other matters as the Court may consider.Dated: September 12, 2013By: /s/
Roger N. Heller
Michael W. SobolRoger N. Heller
LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29
th
Floor San Francisco, CA 94111-3336Telephone: (415) 956-1000Facsimile: (415) 956-1008
Attorneys for Plaintiffs and Interim Class Counsel
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