Free Case Transferred In - District Transfer - District Court of Delaware - Delaware

»» . _» Case 1 :05-cv-O091¢}~JnQF Document 21 -27 Filed Q1-A12/2006 Page 1 of 4
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IN THE UNITED STATES DISTRICT COURT SEP 2 ti 2005
FOR THE WESTERN DISTRICT OF TENNESSEE AFTER HOURS DEQOQTORY
WESTERN DIVISION Ihgpge g;,$;~*.L?.;,;‘.L°'°‘
W_ D, QF TN. Mrnmphlsa
CORY WILES, individually and on behalf
of himself and all persons similarly situated, fb Q T gf
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Plaintiff,
v. No. 05-2605 B!An
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INTEL CORPORATION, A Delaware ., TT ``i‘i‘i‘ ‘‘‘‘‘ T ‘‘‘·‘ · ·O*OO‘
Corporation, C M H 1 9 Wm z `*
Defendant. ________ ( ,__, %__,, 1

NOTICE OF FILING or DECLARATION OF ISAEELLE HURTuEisE%INҤi}i$I>`*5i'riTI
OF MOTION TO STAY AND TRANSFER PLAINTIFF’S MOTION TO REMAND
I- PLEASE TAKE NOTICE that Defendant Intel Corporation is filing the Declaration of
Isabelle Hurtubise in support of its Motion to Stay and Transfer Plaintiff’ s Motion to Remand. A
copy ofthe declaration is attached as Exhibit I.
Dated September XO 2005.
I , Respectfully submitted,
` l BURCH, PORTER& JOHNSON, PLLC
`
ef eibe1man(#7677)
Mary Hale (#21878)
130 North Court
Memphis, Tennessee 38103
Telephone: 901.524.5000
Facsimile: 9015245024
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. J Case 1:05-cv-OO914»JdF Document 21-27 Filed CLLQ 2/2006 Page 2 of 4
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OF COUNSEL:
David M. Balabanian (CA# 37638)
Christopher B. Hockett (CA# 121539)
Joy K. Fuyuno (CA # 123 890)
BINGHAM McCUTCHEN LLP
Three Embarcadero Center
San Francisco, CA 94111-4067
Telephone: 415.393.2000
Facsimile: 4l5.393.2286
Richard Ripley (DC# 412959)
BINGHAM McCUTCI-IEN LLP
1120 20th Street, NW, Suite 800 ‘
Washington, DC 20036
Telephone: 202.778.6150
Facsimile: 202.778.6l55 -
Attorneys for Defendant Intel Corporation
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been served via U.S.
Mail, postage prepaid, B.], Wade, Esq., Glassman, Edwards, Wade & Wyatt, P.C., 26 North
Second Street, Memphis, Tennessee, 38103, on this gdfirday of September 2005.
.I§e% elman %
2

a _ Case 1 :05-cv-00914/-JRJF Document 21 -27 Filed QJI12/2006 Page 3 of 4 ·
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IN THE UNITED STATES DISTRICT COURT I
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
CORY VVILES, individually and on behalf
of himself and all persons similarly situated;
Plaintiff,
v. I _ I N0. 05-2605 JDB
INTEL CORPORATION, a Delaware
Corporation,
Defendant. I I
DECLARATION OF ISABELLE HURTUBISE
l. My name is Isabelle I-Iurtubise. I am an attorney at the law firm of Bingham
H I l\/IcCutchen LLP. I am over the age of 18 and competent to give testimony. If called upon, I
would testify on the facts set forth in this declaration.
2. I am cotmsel to defendant Intel Corporation in the above-styled action.
3. As of the date of this declaration, there have been 69 putative class actions Hled in
multiple federal courts against Intel over the last two months alleging essentially word for word
facts and similar (federal and state) antitrust claims. See Attached Exhibit A, List of Related ‘
Actions. All of these cases were originally filed in federal court by the plaintiff except for I/Wles.
- 4. Fifty—three of the Related Actions also seek to assert Tennessee Antitrust Act
(Tenn. Code Ann. § 47-25-IOIA) claims against Intel onbehalf of the same allIeged class of
Tennessee consumers. Twenty-three of those actions were filed before Wiles commenced this
action. .
_ I I EXHIBIT
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, y _ Case 1 :05-cv-0091¢yJi1F Document 21 -27 Filed 51171 2/2006 Page 4 of 4
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5. All of these cases, including Mies, are subject to a petition before the JPML to
transfer and consolidate these actions to a single MDL court pursuant to 28 U.S.C. § 1407. The
proceeding has been entitled In Re Microprocessor Antitrust Litigation, MDL 1717, and JPML
will hear arguments with respect to it on September 29, 2005, in Asheville, North Carolina. The
districts suggested to the JPML as the potential MDL courts are: (1) the District of Delaware; (2) p
- the Southern District of California; and (3) the Northern District of California. This District has
not been mentioned as a possible venue by any of the parties in the actions subject to the MDL
1717 Petition. Plaintiff Wiles has not indicated whether his counsel will appear at this hearing.
_ 6. Under the penalties of perjury, I declare that the foregoing is true and ccurate to 1
_ the best of my knowledge.
./1 .
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1
Isa _.ée Hurtubise l
Dated: September 19, 2005 1
SF/21636271.1 n