Case 2:24-md-03113-JXN-LDW Document 7 Filed 07/25/24 Page 1 of 5 PageID: 47
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`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
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`IN RE: APPLE INC. SMARTPHONE
`ANTITRUST LITIGATION
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`This Document Relates to: All Actions
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`Civil Action No. 2:24-md-03113 (JXN)(LDW)
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`MDL 3113
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`CASE MANAGEMENT ORDER NUMBER 1
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`THESE MATTERS, having been transferred to this Court by the Judicial Panel on
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`Multidistrict Litigation (the “Panel”) pursuant to its Transfer Order of June 7, 2024 in In re: Apple
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`Inc. Smartphone Antitrust Litigation (the “MDL”), merit special attention as complex litigation, and
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`the parties having jointly proposed this Case Management Order (“Order”), the Court, therefore,
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`enters the following Order on consent:
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`1.
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`SCOPE OF THE ORDER
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`This Order shall govern the practice and procedure of those actions transferred to this Court
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`by the Panel pursuant to the Transfer Order, any “tag-along actions” transferred to this Court by the
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`Panel pursuant to the Panel’s Rules of Procedure, and all related actions that have been or will be
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`originally filed in, transferred to, or removed to this Court and assigned hereto (collectively, the
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`“MDL Actions”). This Order and all subsequent Case Management Orders shall be binding on all
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`parties and their counsel in all MDL Actions, and shall govern each case in this MDL unless the Order
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`explicitly states that it does not apply to specific cases or that it applies only to specific cases.
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`2.
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`CONSOLIDATION
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`The MDL Actions are consolidated for pretrial purposes only. Any “tag-along actions”
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`transferred to this Court, or other MDL Actions, will automatically be consolidated in the MDL
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`without the necessity of future motions or orders. This consolidation does not constitute a
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`determination that the actions should be consolidated for trial, nor does it have the effect of making
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`any entity a party to any action in which he, she, or it has not been named, served, or added in
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`accordance with the Federal Rules of Civil Procedure.
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`3.
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`MASTER DOCKET FILE
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`The Clerk of the Court will maintain a master docket case file under the style “In re: Apple
`Inc. Smartphone Antitrust Litigation” and the docket number 2:24-md-03113.1 When a pleading is
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`intended to apply to all actions, this shall be indicated by the words: “This Document Relates to: ALL
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`ACTIONS.” When a pleading is intended to apply to fewer than all cases, the case name and the
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`Court’s docket number for each individual case to which the document number relates shall appear
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`immediately after the words: “This Document Relates to:” The following is a sample of the pleading
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`style:
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`IN RE: APPLE INC. SMARTPHONE
`ANTITRUST LITIGATION
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`This Document Relates to:
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`Civil Action No. 2:24-md-03113 (JXN)(LDW)
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`MDL 3113
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`Each attorney of record is obligated to become a District Court of New Jersey ECF User and
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`be assigned a user ID and password for access to the system. If he or she has not already done so,
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`counsel shall register as an ECF User and be issued an ECF User ID and password. Forms and
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`instructions can be found on the Court’s website http://www.njd.uscourts.gov/. All documents shall
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`be e-filed in the master file, 2:24-md-03113. Documents that pertain to one or only some of the
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`pending actions shall be e-filed in the individual case(s) to which the document pertains.
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`1 The Clerk of the Court shall continue to maintain a separate civil action number and case file for each case filed in,
`removed to, or transferred to the Court.
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`2
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`4.
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`APPEARANCES
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`Counsel who appeared in a transferor court prior to transfer need not enter an additional
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`appearance before this Court. Moreover, attorneys in “tag-along actions” admitted to practice and in
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`good standing in any United States District Court are admitted pro hac vice in this litigation, and the
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`requirements of Local Civil Rule 101.1(c) are waived. Such counsel are subject to the New Jersey
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`Rules of Professional Conduct, the Guidelines for Litigation Conduct, Local Civil Rule 103.1(c), and
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`the disciplinary jurisdiction of this Court. Association of local counsel is not required.
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`5.
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`INTERIM CLASS COUNSEL APPOINTMENTS
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`Pursuant to Federal Rule of Civil Procedures 23(g)(3), this Court will appoint Interim Class
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`Counsel to act on behalf of the putative classes before determining whether to certify the action as a
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`class action.
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`Plaintiffs shall meet and confer regarding proposed leadership for all cases and present either
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`individual or slate applications to the Court. Counsel for direct purchaser plaintiffs and counsel for
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`indirect purchaser plaintiffs may propose separate leadership. Plaintiffs’ counsel seeking appointment
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`as Interim Class Counsel for the putative Indirect Purchaser Plaintiff class and for the putative Direct
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`Purchaser Plaintiff class shall file their motions for appointment as Interim Class Counsel and all
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`supporting memoranda, declarations, and antitrust resumes by no later than fourteen (14) calendar
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`days after this Order. Any responses to such motions shall be filed no later than fourteen (14) calendar
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`days after the motions for appointment are filed.
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`The submission of the proposed leadership structure shall include the following:
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`•
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`Proposed lead counsel (and their qualifications) and any proposed committee
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`structure.
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`Describe each proposed applicant’s MDL, class action, and complex litigation
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`experience generally and in antitrust cases specifically. For each applicant, list each
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`Court-appointed leadership position in any MDL or class action case in which
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`they have previously been or are currently involved.
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`•
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`Describe what procedures will be used to monitor billing, control costs, and avoid
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`duplication of efforts of counsel and the process for assignment and monitoring of
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`work.
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`•
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`Describe how you propose to maintain communication and input from lawyers not
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`part of the leadership structure.
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`If the Court determines it is necessary, the Court will hold a Hearing on the appointment of
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`Interim Class Counsel.
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`6.
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`JOINT AGENDA AND STATUS REPORT
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`Interim Class Counsel and Defendants shall submit a joint agenda and status report to the
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`Court fourteen (14) calendar days after the Court enters an order appointing Interim Lead Counsel.
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`Counsel shall meet and confer—in person, by teleconference or by video conference—and seek
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`consensus to the extent possible with respect to joint agenda items for the Initial Case Management
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`Conference.
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`7.
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`RESPONSE EXTENSION AND PLEADING SCHEDULE
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`Defendant need not respond to any prior complaints and all case deadlines, including those
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`arising under the Federal Rules of Civil Procedure, are terminated. The Court will consider
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`dispositive motions and other motions concerning Consolidated Class Action Complaints consistent
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`with its individual practices and with any schedule entered following the Initial Case Management
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`Conference.
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`8.
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`SERVICE LIST
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`Within forty-five (45) calendar days of entry of an order appointing Interim Class Counsel,
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`Interim Class Counsel shall provide the Court with a list of attorneys and their office addresses, phone
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`and fax numbers, and e-mail addresses.
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`A service list will be maintained by the Clerk of the Court during the course of this litigation
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`by adding parties/attorneys to the master docket. Any attorney who wishes to have his/her name added
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`or deleted from the master docket may do so upon request to the Clerk of this Court and notice to all
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`other persons on such master docket.
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`9.
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`IDENTIFICATION OF RELATED CASES
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`The Court requests the assistance of counsel in calling to the attention of the Clerk of this Court
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`the filing or transfer of any case that might properly be coordinated as part of this MDL, upon any
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`party’s information and belief that the matter should be coordinated.
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`10.
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`APPLICATION OF LOCAL RULES
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`Unless otherwise set forth in this Order, the parties shall comply with the Local Civil Rules
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`of the United States District Court for the District of New Jersey, as well as the individual rules and
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`preferences of the District Judge and Magistrate Judge assigned to this matter.
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`IT IS SO ORDERED.
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`DATED: July 25, 2024
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`cc: Leda D. Wettre, U.S.M.J.
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`_____________________________________
`JULIEN XAVIER NEALS
`UNITED STATES DISTRICT JUDGE
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