Somers v. Apple, Inc. 
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: | California Northern District Court |
| Office: | San Jose Office |
| County: | San Diego |
| Presiding Judge: | Magistrate Judge Howard R. Lloyd |
| Nature of Suit: | Other Statutes - Antitrust |
| Cause: | 15:15 Antitrust Litigation |
| Jurisdiction: | Federal Question |
| Jury Demanded By: | Defendant |
| Following Case: | Stacie Somers v. Apple, Inc. (11-16896) |
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| Date Filed | # | Document Text |
|---|---|---|
| February 4, 2011 | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 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 | 26 | STIPULATION and [Proposed] Order Setting Briefing Schedule for Class Certification by Stacie Somers. (Zeldes, Helen) (Filed on 5/29/2008) |
| May 2, 2008 | 23 | Statement in Favor of Consolidation. (Mittelstaedt, Robert) (Filed on 5/2/2008) Modified text on 5/5/2008 (cv, COURT STAFF). |
| May 2, 2008 | 22 | Response to 21 Court's Order Re. Consolidation filed by Stacie Somers. (Zeldes, Helen) (Filed on 5/2/2008) Modified on 5/5/2008,(counsel failed to properly link to which document relates to.) (cv, COURT STAFF). |
| April 22, 2008 | 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 | 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 | 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) |
| March 14, 2008 | 18 | PROTECTIVE ORDER re 15 . Signed by Judge Richard Seeborg on 3/14/08. (rssec, COURT STAFF) (Filed on 3/14/2008) |
| March 14, 2008 | 17 | CERTIFICATE OF SERVICE by Apple, Inc. re 16 Stipulation, 15 Stipulation (Strong, Tracy) (Filed on 3/14/2008) |
| March 14, 2008 | 16 | STIPULATION AND [PROPOSED] ORDER LIMITING DISCOVERY by Apple, Inc.. (Attachments: # 1 Exhibit A)(Strong, Tracy) (Filed on 3/14/2008) |
| March 14, 2008 | 15 | STIPULATION and [PROPOSED] PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION by Apple, Inc.. (Strong, Tracy) (Filed on 3/14/2008) |
| February 21, 2008 | 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 | 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). |
| February 15, 2008 | 12 | ORDER Relating Cases: 5:05-cv-00037-JW; 5:06-cv-04457-JW; and C 07-06507 HRL. The Clerk shall relate and reassign C 07-06507 HRL Somers v. Apple Inc. to C 05-0037 JW "The Apple iPod iTunes Anti-Trust Litigation" re 11 Certificate of Service, filed by Stacie Somers. 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) |
| January 29, 2008 | 11 | CERTIFICATE OF SERVICE OF ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED; STIPULATION AND [PROPOSED] ORDER FILED IN CASE NO. C 05-00037-JW by Stacie Somers (Attachments: # 1 Copy of Administrative Motion to Relate Cases, # 2 Copy of Stipulation to Relate Cases, # 3 Copy of Proposed Order to Relate Cases)(Zeldes, Helen) (Filed on 1/29/2008) Text modified on 1/30/2008 conforming to posted document caption (bw, COURT STAFF). |
| January 22, 2008 | 10 | CERTIFICATE OF SERVICE by Apple, Inc. re 8 Stipulation Extending Time, 9 Certification of Interested Entities or Persons (Strong, Tracy) (Filed on 1/22/2008) Text modified on 1/23/2008 (bw, COURT STAFF). |
| January 22, 2008 | 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 22, 2008 | 8 | Stipulation Extending Defendant's Time to Respond to the Complaint re 1 Complaint, by Apple, Inc. (Strong, Tracy) (Filed on 1/22/2008) Text modified on 1/23/2008 (bw, COURT STAFF). |
| January 17, 2008 | 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 17, 2008 | 6 | ORDER by Magistrate Judge Howard R. Lloyd granting 4 Motion for Pro Hac Vice as to Attorney Briskin. (hrllc1, COURT STAFF) (Filed on 1/17/2008) |
| January 11, 2008 | 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) |
| January 11, 2008 | 4 | Application for Admission of Attorney Craig L. Briskin to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 54611002391) filed by Stacie Somers. (bw, COURT STAFF) (Filed on 1/11/2008) |
| December 31, 2007 | 3 | ADR SCHEDULING ORDER: Case Management Statement due by 4/15/2008. Case Management Conference set for 4/22/2008 01:30 PM. (Attachments: # 1 standing order, # 2 CM Standing order)(srm, COURT STAFF) (Filed on 12/31/2007) |
| December 31, 2007 | 2 | AFFIDAVIT of Helen Zeldes re 1 Complaint by Stacie Somers. (srm, COURT STAFF) (Filed on 12/31/2007) (bw, COURT STAFF). |
| December 31, 2007 | 1 | COMPLAINT for Violation of Sherman Anti-trust Act, Cartwright Act, California Unfair Competition Law, Consumer Legal Remedies Act and Monopolization of Business Practices (Summons Issued); jury demand; against Apple, Inc. ( Filing fee $ 350, receipt number 34611014009). Filed by Stacie Somers. (srm, COURT STAFF) (Filed on 12/31/2007) Text modified on 1/2/2008 (bw, COURT STAFF). (bw, COURT STAFF). |
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| Plaintiff: Stacie Somers | |
|---|---|
| Represented By: Craig L. Briskin, Alreen Haeggquist, Steven A Skalet and Helen I. Zeldes | |
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| Defendant: Apple, Inc. | |
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| Represented By: Tracy Strong | |
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