Free Letter - District Court of Delaware - Delaware

· Case 1:05-cv—00473-JJF Document 4-4 Filed 07/14/2005 Paget 0f2
BEFORE THE JUDICIAL PANEL
ON MULTIDISTRICT LITIGATION
IN RE INTEL MARKET PRACTICES I A
ANTITRUST LITIGATION : MDL DOCKET NO.
PLAINTIF F S MICHAEL BRAUCH AND ANDREW MEIMES’ REASONS WHY ORAL
ARGUMENT SHOULD BE HEARD REGARDING THEIR MOTION TO TRANSFER
AND COORDINATE OR CONSOLIDATE FOR PRETRIMJ PROCEEDINGS IN THE
NORTHERN DISTRICT OF CALIFORNIA
PURSUANT TO 28 U.S.C. § 1407
Plaintiffs Michael Brauch and Andrew Meimes ("Plaintiffs”) respectfully
request oral argument 0n their motion to transfer and coordinate related antitrust actions based
on the following reasons: (1) this is an original and not a tag—along action; (2) to date, fourteen
substantially similar actions (one by a competitor of defendant Intel Corporation ("Intel") and
thirteen by classes of consumers) have been tiled in two venues — four in U.S. District Court
for the District of Delaware and the remaining ten in U.S. District Court for the Northern
District of California; (3) the proposed transfer and coordination or consolidation in the
Northern District of California "will be for the convenience of the parties and witnesses and
will promote the just and efficient conduct" of these actions because it is expected that counsel
asset

Case 1:05-cv-00473-JJF Document 4-4 Filed 07/14/2005 Page 2 of 2
for Plaintiffs in each of the fourteen actions will take discovery of the same witnesses and
documents to prove the same conspiracy; (4) the first of the class action cases, as well as the
majority of all the cases that were filed regarding 1nte1’s market practices (ten out of fourteen
cases) were filed in the Northern District; (5) the Northern District has more than sufficient
resources and judicial expertise to properly conduct this case; (6) Intel is located in the
Northern District; (7) the Court is centrally located to all parties and witnesses; and (8) docket
conditions favor the Northem District of California over the District of Delaware.
Dated: July 11, 2005 Respectfully submitted,
ichael P. Lehmann (Cal. Bar. No. 77152)
Thomas P. Dove (Cal. Bar. No. 51921)
Alex C. Turan (Cal. Bar. No. 227273)
THE FURTH FIRM LLP
225 Bush Street, 15th Floor
San Francisco, CA 94104
Telephone: (415) 433-2070
Facsimile: (415) 982-2076
Francis O. Scarpulla (Cal. Bar. No. 41059)
LAW OFFICES OF FRANCIS O.
SCARPULLA
44 Montgomery Street, Suite 3400
San Francisco, CA. 94104
Telephone; (415) 788-7210
Facsimile: (415) 788-0707
Craig C. Corbitt (Cal. Bar. No. 83251)
ZELLE HOFMANN VOELBEL MASON &
GETTE, LLP
44 Montgomery Street, Suite 3400
San Francisco, CA 94104
Telephone: (415) 693-0700
Facsimile: (415) 693-0770
Attorneys for Plaintiffs Michael Brauch and
Andrew Meimes
56641.1