Whiteside

UNITED STATES JUDICIAL PANEL

on

MULTIDISTRICT LITIGATION

IN RE: APPLE INC. SMARTPHONE

ANTITRUST LITIGATION MDL No. 3113

TRANSFER ORDER

Before the Panel:∗ Plaintiff in the Northern District of California action (Whiteside) listed on the attached Schedule A moves under Panel Rule 7.1 to vacate the Panel’s order conditionally transferring his action to MDL No. 3113. Defendant Apple Inc. opposes the motion.

After considering the argument of counsel, we find that this action involves common questions of fact with the actions previously transferred to MDL No. 3113, and that transfer under 28 U.S.C. § 1407 will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. Transfer thus is warranted for the reasons set out in our order directing centralization. In that order, we held that the District of New Jersey was an appropriate Section 1407 forum for actions sharing factual questions arising from allegations that Apple has monopolized or attempted to monopolize the smartphone market by controlling the creation and distribution of apps compatible with the iPhone and suppressing…