Baptiste v. Apple Inc.
Plaintiff: Lucila Baptiste and Frederick Ramos
Defendant: Apple Inc.
Case Number: 4:2022cv02888
Filed: May 16, 2022
Court: US District Court for the Northern District of California
Presiding Judge: Nathanael M Cousins
Referring Judge: Haywood S Gilliam
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Petition for Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 13, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 11, 2022 Opinion or Order Filing 23 ORDER by Judge Haywood S. Gilliam, Jr. Granting #22 STIPULATION TO EXTEND TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT, AND TO ESTABLISH BRIEFING SCHEDULE. Response to the First Amended Class Action Complaint due by 7/26/2022. Opposition due by 8/25/2022. Reply due by 9/8/2022. (bns, COURT STAFF) (Filed on 7/11/2022)
July 8, 2022 Opinion or Order Filing 22 STIPULATION WITH PROPOSED ORDER TO EXTEND TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT, AND TO ESTABLISH BRIEFING SCHEDULE filed by Apple Inc.. (Attachments: #1 Declaration of Randall W. Edwards in Support of Stipulation, #2 Proposed Order)(Edwards, Randall) (Filed on 7/8/2022)
July 6, 2022 Opinion or Order Filing 21 ORDER by Hon. Haywood S. Gilliam, Jr. TERMINATING AS MOOT Dkt. No. #11 the pending motion to dismiss. In light of Dkt. No. #20 defendant's response to the order to show cause, the Court further DISCHARGES Dkt. No. 17 the order to show cause. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3, COURT STAFF) (Filed on 7/6/2022)
July 5, 2022 Opinion or Order Filing 20 Response to Order to Show Cause 17 Order, byApple Inc.. (Edwards, Randall) (Filed on 7/5/2022)
June 30, 2022 Opinion or Order Filing 19 Order by Judge Haywood S. Gilliam, Jr. granting #18 Motion for Pro Hac Vice for Christina A Martin.(bns, COURT STAFF) (Filed on 6/30/2022)
June 29, 2022 Opinion or Order Filing 18 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17309505.) filed by Apple Inc.. (Martin, Christina) (Filed on 6/29/2022)
June 29, 2022 Opinion or Order Filing 17 ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING Defendant TO SHOW CAUSE why Dkt. No. #11 Defendant's motion to dismiss is not moot in light of Dkt. No. #16 Plaintiffs' amended complaint. Defendant shall file a statement of two pages or less by July 5, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3, COURT STAFF) (Filed on 6/29/2022)
June 29, 2022 Opinion or Order Set Deadline, See Docket No. 17 : Show Cause Response due by 7/5/2022. (ndr, COURT STAFF) (Filed on 6/29/2022)
June 28, 2022 Opinion or Order Filing 16 AMENDED COMPLAINT against Apple Inc.. Filed byLucila Baptiste, Frederick Ramos. (Smith, Joel) (Filed on 6/28/2022)
June 27, 2022 Opinion or Order Filing 15 ORDER by Judge Haywood S. Gilliam, Jr. Granting #13 Motion for Pro Hac Vice for Gordon, Jeffrey. (ndr, COURT STAFF) (Filed on 6/27/2022)
June 27, 2022 Opinion or Order Filing 14 ORDER by Judge Haywood S. Gilliam, Jr. Granting #12 Motion for Pro Hac Vice for Klotz, Michael. (ndr, COURT STAFF) (Filed on 6/27/2022)
June 24, 2022 Opinion or Order Filing 13 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17294588.) filed by Apple Inc.. (Gordon, Jeffrey) (Filed on 6/24/2022)
June 24, 2022 Opinion or Order Filing 12 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17294627.) filed by Apple Inc.. (Klotz, Michael) (Filed on 6/24/2022)
June 15, 2022 Opinion or Order Filing 11 MOTION to Dismiss PLAINTIFF'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES filed by Apple Inc.. Motion Hearing set for 10/13/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 6/29/2022. Replies due by 7/6/2022. (Attachments: #1 Request for Judicial Notice, #2 Declaration of Randall W. Edwards in Support of Defendant Apple Inc.'s Request for Judicial Notice and Incorporation by Reference in Support of Motion to Dismiss Plaintiff's Complaint, #3 Exhibit A - Apple Media Services Terms and Conditions - May 13, 2019, #4 Exhibit B - Apple Privacy Policy - December 31, 2019, #5 Proposed Order - Request for Judicial Notice)(Edwards, Randall) (Filed on 6/15/2022)
May 20, 2022 Opinion or Order Filing 10 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Case Management Conference has been set for August 23, 2022, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by August 16, 2022. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:22-cv-02888-HSG. The August 23, 2022 proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 8888084255Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 5/20/2022) Modified on 5/20/2022 (ndr, COURT STAFF).
May 20, 2022 Opinion or Order Filing 9 Case reassigned to Judge Haywood S Gilliam, Jr. Magistrate Judge Nathanael M. Cousins no longer assigned to case. Reassignment Order signed by Clerk on 5/20/2022. (bw, COURT STAFF) (Filed on 5/20/2022) (bw, COURT STAFF).
May 20, 2022 Opinion or Order Filing 8 This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #http://cand.uscourts.gov/news/225. (bw, COURT STAFF) (Filed on 5/20/2022)
May 19, 2022 Opinion or Order Filing 7 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 5/19/2022)
May 19, 2022 Opinion or Order Filing 6 STIPULATION re #1 Notice of Removal, To Extend Time To Respond To Plaintiff's Complaint filed by Apple Inc.. (Edwards, Randall) (Filed on 5/19/2022)
May 19, 2022 Opinion or Order Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Apple Inc... (Edwards, Randall) (Filed on 5/19/2022)
May 17, 2022 Opinion or Order Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/10/2022. Initial Case Management Conference set for 8/17/2022 10:00 AM in San Jose, Courtroom 5, 4th Floor. (msr, COURT STAFF) (Filed on 5/17/2022)
May 16, 2022 Opinion or Order Filing 3 Case assigned to Magistrate Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/31/2022. (jlg, COURT STAFF) (Filed on 5/16/2022)
May 16, 2022 Opinion or Order Filing 2 Corporate Disclosure Statement by Apple Inc. DEFENDANT APPLE INC.'S CORPORATE DISCLOSURE STATEMENT AND CERTIFICATE OF INTERESTED PARTIES (Edwards, Randall) (Filed on 5/16/2022)
May 16, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL of Civil Action Under 28 U.S.C. Sections 1332 and 1441 from Santa Clara County Superior Court. Their case number is 22CV396771. (Filing fee $402 receipt number ACANDC-17178605). Filed byApple Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Proof of Service and Summons, #3 Civil Cover Sheet)(Edwards, Randall) (Filed on 5/16/2022)

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Plaintiff: Lucila Baptiste
Represented By: L. Timothy Fisher
Represented By: Joel Dashiell Smith
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Plaintiff: Frederick Ramos
Represented By: Joel Dashiell Smith
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Defendant: Apple Inc.
Represented By: Randall W. Edwards
Represented By: Christina A Martin
Represented By: Jeffrey E Gordon
Represented By: Michael M Klotz
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