`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
`
`
`
`
`
`
`IN RE: APPLE INC. SMARTPHONE
`ANTITRUST LITIGATION
`
`This Document Relates to:
`
`All Indirect Purchaser Cases
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`
`
`
`
`Civil Action No. 2:24-md-03113
`(JXN)(LDW)
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`
`
`
`
`[PROPOSED] ORDER
`
`Pursuant to Case Management Order Number 1 (ECF No. 7), on August 8,
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`2024, the Indirect iPhone Purchasers (“IIPs”) filed a motion for appointment of
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`Interim Co-Lead Class Counsel with supporting memoranda. On October 17, 2024,
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`the Court issued a written Opinion (ECF No. 34) and Order (ECF No. 35) granting
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`IIPs’ motion to appoint Berger Montague PC, Lockridge Grindal Nauen PLLP,
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`Schneider Wallace Cottrell Konecky LLP, and Spector Roseman & Kodroff, P.C. as
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`Interim Co-Lead Counsel and Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins,
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`P.C. as Liaison Counsel for the putative IIP class, and reserving decision on IIPs’
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`request for appointment of an executive committee until after supplementary
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`briefing was submitted and reviewed by the Court. On October 30, 2024, the parties
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`appeared before Magistrate Judge Hon. Leda D. Wettre for a case management
`
`
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`Case 2:24-md-03113-JXN-LDW Document 58 Filed 12/23/24 Page 2 of 4 PageID: 1043
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`conference regarding IIPs’ request for appointment of an executive committee (ECF
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`No. 36). On October 31, 2024, IIPs filed a supplemental brief in support of their
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`request for appointment of an executive committee (ECF No. 44). On December 10,
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`2024, the Court directed IIPs to file a letter clarifying whether a specific firm or
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`attorney would be assigned to each of the tasks for which the Executive Committee
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`would be responsible (ECF No. 53). On December 13, 2024, IIPs filed a letter
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`pursuant to the Court’s request (ECF No. 54). On December 20, 2024, the Court
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`directed IIPs to file a proposed order consistent with their December 13, 2024 letter
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`outlining the anticipated assignments for the proposed Executive Committee (ECF
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`No. 56). On December 23, 2024, IIPs filed a proposed order consistent with the
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`Court’s request.
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`Thus, having reviewed IIPs’ motion and supplemental supporting materials,
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`pursuant to Fed. R. Civ. P. 23(g), the Court hereby ORDERS the following:
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`ORGANIZATION OF AND ANTICIPATED ASSIGNEMENTS FOR
`INDIRECT IPHONE PURCHASERS’ EXECUTIVE COMMITTEE
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`1. IIP Executive Committee. The Court designates the following law firms to serve
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`on an Executive Committee on behalf of all IIPs in the MDL, to work at the
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`direction of Interim Co-Lead Counsel, with responsibilities hereinafter described:
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`Cohen Milstein Sellers & Toll PLLC
`769 Centre Street
`Suite 207
`Boston, MA 02130
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`Freed Kanner London & Millen LLC
`923 Fayette Street
`Conshohocken, PA 19428
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`
`
`
`2
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`
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`Case 2:24-md-03113-JXN-LDW Document 58 Filed 12/23/24 Page 3 of 4 PageID: 1044
`
`
`Israel David LLC
`17 State Street
`Suite 4010
`New York, NY 10004
`
`
`Preti, Flaherty, Beliveau & Pachios,
`LLP
`One City Center
`Portland, ME 04101
`
`
`Reinhardt Wendorf & Blanchfield
`80 So. 8th Street
`Suite 900
`Minneapolis, MN 55402
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`2. IIP Executive Committee’s Duties and Responsibilities. The IIP Executive
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`Committee shall assist IIP Interim Co-Lead Counsel and IIP Liaison Counsel
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`with pretrial activities and trial. The IIP Executive Committee and any other IIP
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`counsel shall only be authorized to perform work at the express direction of IIP
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`Interim Co-Lead Counsel (or their designees). Anticipated assignments for the
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`IIP Executive Committee firms are as follows:
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`a. Plaintiff Discovery: The firm Reinhardt Wendorf & Blanchfield,
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`principally under Garrett Blanchfield, will have responsibility for plaintiff
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`discovery, among other tasks necessary for the efficient, orderly
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`management of the litigation;
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`b. Third-Party Discovery: The firm Preti, Flaherty, Beliveau & Pachios, LLP,
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`principally under Michael S. Smith, will have responsibility for third-party
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`discovery, among other tasks necessary for the efficient, orderly
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`management of the litigation.
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`
`
`3
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`
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`Case 2:24-md-03113-JXN-LDW Document 58 Filed 12/23/24 Page 4 of 4 PageID: 1045
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`c. Government Liaison: The firm Israel David LLC, principally under Israel
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`David, will have responsibility for liaising with the government entities
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`involved in related litigation against Apple Inc., among other tasks
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`necessary to the efficient, orderly management of the litigation.
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`d. Briefing and Legal Research: The firm Freed Kanner London & Millen
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`LLC, principally under Kimberly Justice, will have responsibility for
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`briefing and legal research, among other tasks necessary for the efficient,
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`orderly management of the litigation.
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`e. Work with Experts: The firm Cohen Milstein Sellers & Toll PLLC,
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`principally under Daniel H. Silverman, will have responsibility for
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`working with IIPs’ expert(s), among other tasks necessary for the efficient,
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`orderly management of the litigation.
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`As determined by Interim Co-Lead Counsel, members of the Executive
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`Committee may also have involvement in other aspects of the litigation apart from
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`these specified assignments, but each assigned firm shall have principal
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`responsibility for assisting Interim Co-Lead Counsel with its assigned subject matter.
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`IT IS SO ORDERED.
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`Dated:
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`____________________________
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`HONORABLE JULIEN X. NEALS
`UNITED STATES DISTRICT JUDGE
`
`
`4
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`

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