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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`Case No. 12-cv-05404-YGR
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`ORDER GRANTING RULE 56(d) MOTION
`AND DEFERRING RULING ON MOTION FOR
`SUMMARY JUDGMENT
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`ZACK WARD, ET AL.,
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`Plaintiffs,
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`v.
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`APPLE INC.,
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`Defendant.
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`Re: Dkt. No. 78
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`On February 2, 2016, defendant Apple Inc. (“Apple”) moved for summary judgment on
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`the issue of market definition. (Dkt. No. 78.) On February 16, 2016, plaintiffs filed a combined
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`opposition brief and Federal Rule of Civil Procedure 56(d) request seeking the opportunity to
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`complete discovery relating to the motion before the Court rules thereon. (Dkt. No. 86.)
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`The Court notes that it has been fully within plaintiffs’ discretion to conduct independent
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`investigations and build a factual record regarding their theory of the case even absent direct
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`discovery from Apple in the more than three years since this case was filed. Nevertheless, out of
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`an abundance of caution, the Court finds it prudent to evaluate the present motion on a more
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`fulsome factual record to the extent plaintiffs are able to identify additional relevant facts in
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`discovery. Thus, plaintiffs’ Rule 56(d) motion is GRANTED and the Court defers ruling on
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`defendant’s pending motion for summary judgment to allow plaintiffs a measure of additional
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`time to conduct discovery related to the motion and the subject matter specifically identified in the
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`Declaration of Rachele R. Rickert in Support of their Rule 56(d) Motion. (Dkt. No. 92 ¶¶ 41-60.)
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`Apple may choose to conduct its own discovery relating to the motion during this time period,
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`including depositions of the named plaintiffs.
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`28
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`Northern District of California
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`United States District Court
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`Case 4:12-cv-05404-YGR Document 100 Filed 04/04/16 Page 2 of 2
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`Plaintiffs shall complete this additional discovery and file their new brief opposing Apple’s
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`summary judgment motion by August 2, 2016, including a revised separate statement of material
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`facts to the extent additional relevant evidence is submitted. Defendant’s reply is due fourteen
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`(14) days after the opposition brief is filed. The Court shall set a further hearing date if necessary
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`upon review of the additional briefing.
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`IT IS SO ORDERED.
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`Dated: April 4, 2016
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`______________________________________
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`YVONNE GONZALEZ ROGERS
`UNITED STATES DISTRICT COURT JUDGE
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`28
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`Northern District of California
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`United States District Court
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