In a March 19 letter to the court, class plaintiffs in the Apple e-book price-fixing case acknowledged that a scheduled May damages trial is likely to be delayed.
Citing “numerous motions" pending before the court, and the “extensive motion practice" in advance of the damages trial, the letter delicately acknowledges that the currently scheduled May trial is a stretch.
Chief among the variables, the plaintiffs note, is the issue of class certification, which would also involve the court approving a form of notice to consumers. In a “hypothetical” best case, the plaintiffs note that even if the court was to grant certification by this Friday, March 21, and get notice swiftly approved and issued by April 18, the mandated 45-day opt out period would put the action into June.
Indeed, given the flurry of motions and stiff opposition from Apple, a delay has started to look increasingly likely. The court is also considering motions for summary judgment, and Apple’s request to have the trial remanded from Judge Denise Cote’s New York court to their original jurisdictions.
