Somers v. Apple, Inc. Featured Case

Plaintiff Stacie Somers alleges that Defendant Apple, Inc. illegally tied DRM-protected music and video files purchased from the iTunes Music Store to the iPod, as well as deliberately crippled the iPod from playing WMA files.

Plaintiff: Stacie Somers
Defendant: Apple, Inc.
Case Number: 5:2007cv06507
Filed: December 31, 2007
Court: US District Court for the Northern District of California
Office: San Jose Office
County: San Diego
Presiding Judge: Howard R. Lloyd
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. ยง 15 Antitrust Litigation
Jury Demanded By: Defendant
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Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
February 4, 2011 Opinion or Order Filing 117 STIPULATION AND ORDER Granting Request to set Briefing Schedule for Apple's Dispositive Motion in Response to Corrected Second Amended Complaint re 116 Stipulation. Apple shall file Dispositive Motion by 2/28/2011. Opposition due 3/28/2011. Reply due 4/11/2011. Motion Hearing set for 5/2/2011 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 2/4/2011. (ecg, COURT STAFF) (Filed on 2/4/2011)
August 11, 2010 Opinion or Order Filing 103 STIPULATION AND ORDER Granting Briefing Schedule for Apple's Dispositive Motion in Response to Amended Complaint re 102 Proposed Order. Motion due 9/13/2010. Opposition due 10/28/2010. Reply due 11/29/2010. Motion Hearing set for 12/20/2010 at 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 8/11/2010. (ecg, COURT STAFF) (Filed on 8/11/2010)
June 29, 2010 Opinion or Order Filing 99 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS MOTION TO DISMISS; DENYING AS PREMATURE DEFENDANTS MOTION FOR SUMMARY JUDGMENT; GRANTING INDIRECT PURCHASER PLAINTIFF LEAVE TO FILE AN AMENDED COMPLAINT. Signed by Judge James Ware on 6/29/10. (jwlc3, COURT STAFF) (Filed on 6/29/2010)
October 5, 2009 Opinion or Order Filing 87 ORDER CONTINUING HEARING ON MOTIONS; SETTING DEADLINE FOR COMPLETION OF ALL BRIEFING. The Court finds good cause to continue the hearing on all Motions, including those in the Direct and Indirect purchasers cases, currently set for November 9, 2009 t o November 23, 2009 at 9 a.m. Briefing on these Motions (Docket Item Nos. 236, 240, 244, 250 in 5:05-00037-JW,"The Apple iPod iTunes Anti-Trust Litigation"), shall be completed on or before November 9, 2009. The parties shall meet and confe r and Stipulate to a schedule that is consistent with the dates provided by the Court. The Stipulation shall be filed on or before October 9, 2009 for the Court's approval. To the extent the parties cannot agree on a schedule, the Court will set a schedule that is consistent with the Civil Local Rules of the Court. On or before November 13, 2009, the moving party shall deliver to Chambers, by the way of the Clerk's office, a three ring binder with the completed briefing and supporting declarations. Signed by Judge James Ware on 10/5/2009. (ecg, COURT STAFF) (Filed on 10/5/2009)
July 17, 2009 Opinion or Order Filing 81 ORDER Directing Parties to Submit Further Briefing. The Court will refrain from decision on certification of a Rule 23(b)(2) class in the Indirect Purchaser Action until such time as the parties in both cases have clarified the issues identified in this Order. Signed by Judge James Ware on July 17, 2009. (jwlc3, COURT STAFF) (Filed on 7/17/2009) Modified on 9/1/2009 (cv, COURT STAFF).
May 20, 2009 Opinion or Order Filing 61 ORDER SPECIALLY SETTING EVIDENTIARY HEARING AND HEARING ON PLAINTIFFS MOTION FOR CLASS CERTIFICATION. Evidentiary Hearing set for 6/5/2009 10:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 5/20/2009. (ecg, COURT STAFF) (Filed on 5/20/2009)
November 17, 2008 Opinion or Order Filing 35 STIPULATION AND ORDER AS MODIFIED BY THE COURT RE BRIEFING SCHEDULE ON CLASS CERTIFICATION re 34 Stipulation filed by Stacie Somers. The Court will hear the Motion for Class Certification in the related action C05-37 JW ("Direct Purcha sers Case") set for 12/15/08. Plaintiff in C07-6507 JW ("Indirect Purchasers Case") is required to file her Motion for Class Certification on or before 1/12/2009, Defendant to file Opposition on or before 3/9/2009, Plaintiff to file reply on or before 4/17/2009. Upon completion of the briefs, the moving party shall compile a three ring binder. Please see order for instructions to compile binders. Deadline to deliver binders on or before 4/24/2009 at 3:00 PM. Motion Hearing on Class Certification set for 5/4/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 11/17/2008. (ecg, COURT STAFF) (Filed on 11/17/2008) Modified on 12/2/2008 (cv, COURT STAFF).
June 4, 2008 Opinion or Order Filing 27
STIPULATION AND ORDER as Modified by the Court Setting Briefing for Class Certification re (26 in 5:07-cv-06507-JW) Stipulation filed by Stacie Somers, (160 in 5:05-cv-00037-JW) Stipulation filed by Stacie Somers. Joint Case Management Statement due 8/15/2008, Further Case Management Conference set for 8/25/2008 10:00 AM, Motion Hearing set for 3/23/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Please see Order for further specifics. Signed by Judge James Ware on 6/4/2008. (ecg, COURT STAFF) (Filed on 6/4/2008)
May 29, 2008 Filing 26
STIPULATION and [Proposed] Order Setting Briefing Schedule for Class Certification by Stacie Somers. (Zeldes, Helen) (Filed on 5/29/2008)
May 2, 2008 Filing 23
Statement in Favor of Consolidation. (Mittelstaedt, Robert) (Filed on 5/2/2008) Modified text on 5/5/2008 (cv, COURT STAFF).
April 22, 2008 Opinion or Order Filing 21
ORDER DIRECTING ALL PARTIES TO SUBMIT BRIEFING RE: CONSOLIDATION OF THE PRESENT ACTION WITH C 05-00037. Signed by Judge James Ware on April 22, 2008. (jwlc1, COURT STAFF) (Filed on 4/22/2008)
April 18, 2008 Filing 20
JOINT CASE MANAGEMENT STATEMENT Joint Case Management Statement and Proposed Order filed by Apple, Inc.. (Mittelstaedt, Robert) (Filed on 4/18/2008)
March 14, 2008 Opinion or Order Filing 19
ORDER re 16 Stipulation filed by Apple, Inc. Signed by Judge Richard Seeborg on 3/14/08. (rssec, COURT STAFF) (Filed on 3/14/2008)
February 21, 2008 Filing 14
ANSWER to Complaint with Jury Demand by Apple, Inc.. (Strong, Tracy) (Filed on 2/21/2008) Modified on 2/22/2008 (cv, COURT STAFF).
February 15, 2008 Opinion or Order Filing 13
RELATED CASE ORDER. The Court finds that C 07-06507 HRL is related with C 05-0037 JW and C 06-04457 JW. The clerk shall reassign the case. Related cases: Create association to 5:05-cv-00037-JW and 5:06-cv-04457-JW. Signed by Judge James Ware on 2/14/2008. (ecg, COURT STAFF) (Filed on 2/15/2008) (Additional attachment(s) added on 2/19/2008: # 1 Certificate of Service) (tsh, COURT STAFF).
January 22, 2008 Filing 9
Certification of Interested Entities or Persons by Apple, Inc. re 1 Complaint, 8 Stipulation (Strong, Tracy) (Filed on 1/22/2008) Text modified on 1/23/2008 (bw, COURT STAFF).
January 17, 2008 Opinion or Order Filing 7
ORDER by Magistrate Judge Howard R. Lloyd granting 5 Motion for Pro Hac Vice as to Attorney Skalet. (hrllc1, COURT STAFF) (Filed on 1/17/2008)
January 11, 2008 Filing 5
Application for Admission of Attorney Steven A. Skalet to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 54611002392) filed by Stacie Somers.(bw, COURT STAFF) (Filed on 1/11/2008)
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Plaintiff: Stacie Somers
Represented By: Helen I. Zeldes
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Defendant: Apple, Inc.
Represented By: Tracy Strong
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