"The Apple iPod iTunes Anti-Trust Litigation"
Plaintiff alleged that defendant Apple Computer, Inc. unlawfully bundled and tied digital music files sold through the Apple iTunes Music Store to its own iPod portable digital music
player.
| Plaintiffs: | Melanie Tucker, Somtai Troy Charoensak, Mariana Rosen, Plaintiffs and Stacie Somers |
|---|---|
| Defendants: | Apple Inc. |
| Case Number: | 5:2005cv00037 |
| Filed: | January 3, 2005 |
| Court: | California Northern District Court |
| Office: | San Jose Office [ Court Info ] |
| County: | San Diego |
| Presiding Judge: | Hon. James Ware |
| Referring Judge: | Magistrate Judge Patricia V. Trumbull |
| Nature of Suit: | Other Statutes - Other Statutory Actions |
| Cause: | 15:1 Antitrust Litigation |
| Jurisdiction: | Federal Question |
| Jury Demanded By: | Plaintiff |
Available Case Documents
Some selected documents for this case are included below.
| Date Filed | # | Document Text |
|---|---|---|
| January 3, 2005 | 1 | COMPLAINT (Summons Issued); jury demand; against Apple Computer, Inc. ( Filing fee $ 150, receipt number 5511509.). Filed byThomas William Slattery. (bw, COURT STAFF) (Filed on 1/3/2005) Additional attachment(s) added on 1/5/2005 (bw, COURT STAFF). Additional attachment(s) added on 1/5/2005 (bw, COURT STAFF). |
| January 3, 2005 | 2 | ADR SCHEDULING ORDER: Case Management Statement due by 5/3/2005. Case Management Conference set for 5/10/2005 02:00 PM. (Attachments: # 1 Standing Order)(bw, COURT STAFF) (Filed on 1/3/2005) |
| January 5, 2005 | 3 | Declination to Proceed Before a U.S. Magistrate Judge by Thomas William Slattery and Request for Reassignment to a United States District Judge. (Godino, Marc) (Filed on 1/5/2005) |
| January 5, 2005 | 4 | CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (cm, COURT STAFF) (Filed on 1/5/2005) |
| January 5, 2005 | 5 |
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| January 24, 2005 | 6 | STIPULATION EXTENDING DEADLINE TO FILE RESPONSIVE PLEADING by Apple Computer, Inc.. (Attachments: # 1 Signature Page (Declarations/Stipulations))(Sand, Adam) (Filed on 1/24/2005) |
| January 24, 2005 | 7 | CERTIFICATE OF SERVICE by Apple Computer, Inc. re 6 Stipulation (Sand, Adam) (Filed on 1/24/2005) |
| January 24, 2005 | 8 | CERTIFICATE OF SERVICE by Thomas William Slattery OF SUMMONS AND COMPLAINT ON DEFENDANT APPLE COMPUTER, INC. (Godino, Marc) (Filed on 1/24/2005) |
| January 24, 2005 | 9 | CERTIFICATE OF SERVICE by Thomas William Slattery OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT ON DEFENDANT APPLE COMPUTER, INC. (Godino, Marc) (Filed on 1/24/2005) |
| February 10, 2005 | 10 | MOTION to Dismiss Class Action Complaint filed by Apple Computer, Inc.. Motion Hearing set for 3/21/2005 09:00 AM. (Attachments: # 1 Appendix Stein v. Pacific Bell Telephone Co., No. C 00-2915 SI (N.D. Cal. 2004)# 2 Proposed Order Dismissing Complaint of Thomas William Slattery)(Mittelstaedt, Robert) (Filed on 2/10/2005) |
| February 10, 2005 | 11 | CERTIFICATE OF SERVICE by Apple Computer, Inc. re 10 MOTION to Dismiss Class Action Complaint , Appendix and [Proposed] Order Dismissing Complaint of Thomas William Slattery (Mittelstaedt, Robert) (Filed on 2/10/2005) |
| February 18, 2005 | 14 | Certificate of Interested Entities or Persons (Mitchell, Caroline) (Filed on 2/18/2005) |
| February 18, 2005 | 15 | CERTIFICATE OF SERVICE by Apple Computer, Inc. re 14 Certificate of Interested Entities (Mitchell, Caroline) (Filed on 2/18/2005) |
| February 28, 2005 | 16 | Memorandum in Opposition to Defendant's Motion to Dismiss Class Action Complaint filed byThomas William Slattery. (Braun, Michael) (Filed on 2/28/2005) |
| February 28, 2005 | 17 | Proposed Order Denying Defendant's Motion to Dismiss Class Action Complaint by Thomas William Slattery. (Braun, Michael) (Filed on 2/28/2005) |
| March 7, 2005 | 18 | RESPONSE in Support of Its Motion to Dismiss Class Action Complaint filed byApple Computer, Inc.. (Mittelstaedt, Robert) (Filed on 3/7/2005) |
| March 7, 2005 | 19 | CERTIFICATE OF SERVICE by Apple Computer, Inc. re 18 Response in Support of Its Motion to Dismiss Class Action Complaint (Mittelstaedt, Robert) (Filed on 3/7/2005) |
| March 8, 2005 | 20 |
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| June 6, 2005 | 23 | Request for Judicial Notice in Support of Plaintiff's Opposition to Defendant's Motion to Dismiss Complaint filed byThomas William Slattery. (Godino, Marc) (Filed on 6/6/2005) |
| June 6, 2005 | 24 | Declaration of Marc L. Godino in Support of 23 Request for Judicial Notice in Support of Plaintiff's Opposition to Defendant's Motion to Dismiss Complaint filed byThomas William Slattery. (Related document(s) 23 ) (Godino, Marc) (Filed on 6/6/2005) |
| June 6, 2005 | 25 | Proposed Order Granting Plaintiff's Request for Judicial Notice in Support of His Opposition to Defendant's Motion to Dismiss Complaint by Thomas William Slattery. (Godino, Marc) (Filed on 6/6/2005) |
| June 7, 2005 | 26 | Minute Entry: Motion Hearing held on 6/6/2005 before James Ware (Date Filed: 6/7/2005). (Court Reporter I. Rodriguez.) (mp, COURT STAFF) (Date Filed: 6/7/2005) |
| June 10, 2005 | 27 | RESPONSE to re 23 Request for Judicial Notice by Apple Computer, Inc.. (Sand, Adam) (Filed on 6/10/2005) |
| June 10, 2005 | 28 | Declaration of Adam R. Sand in Support of 27 Response ( Non Motion ) to Plaintiff's Request for Judicial Notice filed byApple Computer, Inc.. (Attachments: # 1 Exhibit A and B)(Related document(s) 27 ) (Sand, Adam) (Filed on 6/10/2005) |
| June 10, 2005 | 29 | CERTIFICATE OF SERVICE by Apple Computer, Inc. re 27 Response ( Non Motion ), 28 Declaration in Support, (Sand, Adam) (Filed on 6/10/2005) |
| June 14, 2005 | 30 | STIPULATION to Continue Case Management Conference and (Proposed) Order by Apple Computer, Inc.. (Attachments: # 1 Signature Page (Declarations/Stipulations))(Mittelstaedt, Robert) (Filed on 6/14/2005) |
| June 15, 2005 | 31 |
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| June 15, 2005 | 32 |
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| August 9, 2005 | 33 |
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| September 7, 2005 | 34 | Letter from Tracy Strong, atty. JONES DAY re: Case Management Conference. (Strong, Tracy) (Filed on 9/7/2005) |
| September 9, 2005 | 35 |
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| September 14, 2005 | 36 |
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| September 23, 2005 | 37 | AMENDED COMPLAINT FIRST AMENDED CLASS ACTION COMPLAINT against Apple Computer, Inc.. Filed byThomas William Slattery. (Braun, Michael) (Filed on 9/23/2005) |
| October 11, 2005 | 38 | STIPULATION EXTENDING TIME TO FILE ANSWER TO FIRST AMENDED COMPLAINT by Apple Computer, Inc.. (Attachments: # 1 Proof of Service)(Mittelstaedt, Robert) (Filed on 10/11/2005) |
| October 18, 2005 | 39 | Answer to Amended Complaint 37 Amended Complaint (First) byApple Computer, Inc.. (Mitchell, Caroline) (Filed on 10/18/2005) |
| October 18, 2005 | 40 | CERTIFICATE OF SERVICE by Apple Computer, Inc. re 39 Answer to Amended Complaint (Mitchell, Caroline) (Filed on 10/18/2005) |
| October 31, 2005 | 41 | JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER filed by Thomas William Slattery. (Braun, Michael) (Filed on 10/31/2005) |
| November 15, 2005 | 42 |
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| November 16, 2005 | 43 | Minute Entry: Case Management Conference held on 11/14/2005 before Judge James Ware (Date Filed: 11/16/2005), Date Filed: 11/16/2005). Plaintiff's Motion for Class Certification set for 5/15/2006 09:00 AM. (Court Reporter not reported.) (mp, COURT STAFF) (Date Filed: 11/16/2005) |
| February 21, 2006 | 44 | Declaration of Tracy M. Strong in Support of Apple Computer, Inc.'s Administrative Request for Leave to File Motion for Summary Judgment filed byApple Computer, Inc.. (Attachments: # 1 # 2 Proposed Order # 3 # 4 # 5)(Strong, Tracy) (Filed on 2/21/2006) |
| March 6, 2006 | 46 | Letter from Michael D. Braun, Counsel for Plaintiff To The Honorable James Ware. (Braun, Michael) (Filed on 3/6/2006) |
| March 8, 2006 | 47 | Letter from Robert Mittelstaedt of Jones Day to the Honorable James Ware. (Strong, Tracy) (Filed on 3/8/2006) |
| March 20, 2006 | 52 | AMENDED DOCUMENT by Thomas William Slattery. AMENDED PROOF OF SERVICE. (Braun, Michael) (Filed on 3/20/2006) |
| March 20, 2006 | 53 | ERRATA IN SUPPORT OF PLAINTIFF'S MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT by Thomas William Slattery, Thomas William Slattery. (Braun, Michael) (Filed on 3/20/2006) |
| March 23, 2006 | 55 |
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| March 24, 2006 | 56 | CERTIFICATE OF SERVICE by Thomas William Slattery PROOF OF SERVICE OF ORDER GRANTING PLAINTIFF'S MISCELLANEOUS ADMINISTRATIVE REQUEST TO FILE DOCUMENTS UNDER SEAL (Braun, Michael) (Filed on 3/24/2006) |
| March 24, 2006 | 57 | First MOTION for Leave to File A Second Amended Complaint - "REDACTED/PUBLIC VERSION" filed by Thomas William Slattery. Motion Hearing set for 5/8/2006 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Braun, Michael) (Filed on 3/24/2006) |
| March 24, 2006 | 58 | MEMORANDUM in Support re 57 First MOTION for Leave to File A Second Amended Complaint - "REDACTED/PUBLIC VERSION" filed byThomas William Slattery. (Related document(s) 57 ) (Braun, Michael) (Filed on 3/24/2006) |
| March 24, 2006 | 59 | Declaration of Michael D. Braun in Support of 57 First MOTION for Leave to File A Second Amended Complaint - "REDACTED/PUBLIC VERSION", 58 Memorandum in Support filed byThomas William Slattery. (Related document(s) 57 , 58 ) (Braun, Michael) (Filed on 3/24/2006) |
| April 17, 2006 | 63 | Memorandum in Opposition to Motion for Leave to File Second Amended Complaint filed byApple Computer, Inc.. (Strong, Tracy) (Filed on 4/17/2006) |
| April 17, 2006 | 64 | DECLARATION of Tracy M. Strong in Opposition to 63 Memorandum in Opposition to Motion for Leave to File Second Amended Complaint filed byApple Computer, Inc.. (Attachments: # 1 Exhibit A)(Related document(s) 63 ) (Strong, Tracy) (Filed on 4/17/2006) |
| April 24, 2006 | 65 | Reply Memorandum of Points and Authorities in Support of Plaintiff's Motion for Leave to File a Second Amended Complaint filed byThomas William Slattery. (Braun, Michael) (Filed on 4/24/2006) |
| April 25, 2006 | 66 | JOINT CASE MANAGEMENT STATEMENT filed by Apple Computer, Inc.. (Strong, Tracy) (Filed on 4/25/2006) |
| May 4, 2006 | 67 |
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| May 24, 2006 | 68 | STIPULATION TO CONTINUE THE HEARING ON PLAINTIFFS' MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT by Apple Computer, Inc.. (Mittelstaedt, Robert) (Filed on 5/24/2006) |
| May 26, 2006 | 69 |
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| May 26, 2006 | 70 |
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| June 2, 2006 | 71 | Minute Entry: Motion Hearing held on 6/2/2006 before James Ware (Date Filed: 6/2/2006). (Court Reporter LEE-ANNE SHORTRIDGE.) (mp, COURT STAFF) (Date Filed: 6/2/2006) |
| June 22, 2006 | 72 |
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| August 17, 2006 | 73 |
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| August 22, 2006 | 74 | Administrative Motion to Consider Whether Cases C05-37 JW and C06-4457 HRL Should Be Related -- Civil L.R. 3-12 filed by Melanie Tucker. (Stoia, John) (Filed on 8/22/2006) Modified text on 8/22/2006 (cv, COURT STAFF). |
| August 22, 2006 | 75 | STIPULATION re 74 MOTION to Related Case Administrative Motion to Consider Whether Cases Should Be Related -- Civil L.R. 3-12 by Melanie Tucker. (Attachments: # 1 Proposed Order)(Stoia, John) (Filed on 8/22/2006) |
| August 23, 2006 | 76 |
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| August 28, 2006 | 77 | AMENDED COMPLAINT - SECOND AMENDED CLASS ACTION COMPLAINT against Apple Computer, Inc.. Filed bySomtai Troy Charoensak, Mariana Rosen. (Braun, Michael) (Filed on 8/28/2006) |
| September 15, 2006 | 78 | MOTION to Dismiss Antitrust Claims of Second Amended Complaint or, Alternatively, Request for Leave to File Rule 56 Motion on Antitrust Claims filed by Apple Computer, Inc.. Motion Hearing set for 11/20/2006 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Strong, Tracy) (Filed on 9/15/2006) |
| September 15, 2006 | 79 | Proposed Order re 78 MOTION to Dismiss Antitrust Claims of Second Amended Complaint or, Alternatively, Request for Leave to File Rule 56 Motion on Antitrust Claims by Apple Computer, Inc.. (Strong, Tracy) (Filed on 9/15/2006) |
| October 12, 2006 | 80 | CLERK'S NOTICE Case Management Conference previously set for 10/30/2006 at 10:00 am has been reset to 11/20/2006 10:00 AM. (ecg, COURT STAFF) (Filed on 10/12/2006) |
| October 30, 2006 | 81 | Memorandum in Opposition - MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION TO DISMISS COUNTS I-V AND VII OF THE SECOND AMENDED COMPLAINT filed bySomtai Troy Charoensak, Mariana Rosen. (Braun, Michael) (Filed on 10/30/2006) |
| November 2, 2006 | 82 | NOTICE by Apple Computer, Inc. of Withdrawal of Motion to Dismiss Antitrust Claims of Second Amended Complaint or, Alternatively, Request for Leave to File Rule 56 Motion on Antitrust Claims (Strong, Tracy) (Filed on 11/2/2006) |
| November 2, 2006 | 83 | Defendant's ANSWER to Complaint (Second Amended) byApple Computer, Inc.. (Strong, Tracy) (Filed on 11/2/2006) |
| November 17, 2006 | 84 | JOINT CASE MANAGEMENT STATEMENT Parties' Further Joint Case Management Statement And Proposed Order filed by Apple Computer, Inc.. (Strong, Tracy) (Filed on 11/17/2006) |
| November 21, 2006 | 85 | Minute Entry: Further Case Management Conference held on 11/20/2006 before James Ware (Date Filed: 11/21/2006). Motion Hearing set for 4/16/2007 09:00 AM and Further Case Management set for 3/19/2007 @ 10:00 AM in Courtroom 8, 4th Floor, San Jose. (Court Reporter Not Reported.) (ecg, COURT STAFF) (Date Filed: 11/21/2006) |
| November 21, 2006 | 86 |
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| December 11, 2006 | 87 | Proposed Order Stipulation and [Proposed] Protective Order Regarding Confidential Information by Apple Computer, Inc.. (Strong, Tracy) (Filed on 12/11/2006) |
| December 15, 2006 | 88 |
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| December 21, 2006 | 89 | Amended Stipulation And [Proposed Order] Protective Order Regarding Confidential Information by Apple Computer, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Strong, Tracy) (Filed on 12/21/2006) Modified on 1/3/2007 (cv, COURT STAFF). |
| December 21, 2006 | 90 | Amendment to 89 Stipulation and Proposed Order re: Protective Order Regarding Confidential Information. (Strong, Tracy) (Filed on 12/21/2006) Modified on 1/3/2007 (cv, COURT STAFF). |
| January 17, 2007 | 91 |
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| January 18, 2007 | 92 |
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| January 22, 2007 | 93 | *** ERROR The attachment POSTED is UPSIDE DOWN *** MOTION to Certify Class Notice of Motion, Motion and Memorandum in Support of Plaintiffs' Motion for Class Certification filed by Somtai Troy Charoensak, Mariana Rosen. Motion Hearing set for 4/16/2007 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Braun, Michael) (Filed on 1/22/2007) Modified on 1/30/2007 (cv, COURT STAFF). Modified TEXT on 1/30/2007 (cv, COURT STAFF). document posted by counsel is upside down |
| January 22, 2007 | 94 | *** ERROR The attachment POSTED is upside down*** Declaration of Roy A. Katriel in Support of 93 MOTION to Certify Class Notice of Motion, Motion and Memorandum in Support of Plaintiffs' Motion for Class Certification filed bySomtai Troy Charoensak, Mariana Rosen. (Related document(s) 93 ) (Braun, Michael) (Filed on 1/22/2007) Modified on 1/30/2007 (cv, COURT STAFF). Modified TEXT on 1/30/2007, document posted by counsel is upside down. (cv, COURT STAFF). |
| January 22, 2007 | 95 | *** FILED IN ERROR. DOCUMENT LOCKED. DOCUMENT POSTED UPSIDE DOWN. PLEASE SEE DOCKET # 97 . *** Declaration of Dr. John Pisarkiewicz in Support of 93 MOTION to Certify Class Notice of Motion, Motion and Memorandum in Support of Plaintiffs' Motion for Class Certification filed bySomtai Troy Charoensak, Mariana Rosen. (Related document(s) 93 ) (Braun, Michael) (Filed on 1/22/2007) Modified on 1/25/2007 (ewn, COURT STAFF). Modified on 1/25/2007 (ewn, COURT STAFF). Modified text on 1/30/2007, document posted by counsel is upside down. (cv, COURT STAFF). |
| January 22, 2007 | 96 | Declaration of Lee Morse filed by Somtai Troy Charoensak, Mariana Rosen. (Related document(s) 93 ) (Braun, Michael) (Filed on 1/22/2007) Modified text on 1/30/2007, to conform with document posted by counsel (cv, COURT STAFF). |
| January 25, 2007 | 97 | Declaration of Dr. John Pisarkiewicz in Support of 93 MOTION to Certify Class Notice of Motion, Motion and Memorandum in Support of Plaintiffs' Motion for Class Certification, 95 Declaration in Support, CORRECTED AND REDACTED Declaration of Dr. John Pisarkiewicz in Support of Plaintiffs' Motion for Class Certification filed bySomtai Troy Charoensak, Mariana Rosen. (Related document(s) 93 , 95 ) (Braun, Michael) (Filed on 1/25/2007) |
| January 25, 2007 | 98 | unopposed MOTION to Remove from the docket No. 95 inadvertently filed the declaration of Dr. John Pisarkiewicz Filed Pursuant To Civil L.R. 7-11 Document filed by Somtai Troy Charoensak, Mariana Rosen. (Braun, Michael) (Filed on 1/25/2007) Modified on 1/30/2007 (cv, COURT STAFF). |
| February 5, 2007 | 101 | DECLARATION OF TRACY M. STRONG IN SUPPORT OF PLAINTIFFS' UNOPPOSED MOTION TO FILE THE DECLARATION OF DR. JOHN PISARKIEWICZ IN SUPPORT OF PLAINTIFFS' 93 MOTION FOR CLASS CERTIFICATION UNDER SEAL filed byApple Computer, Inc.. (Attachments: # 1 Exhibit A)(Related document(s) 99 ) (Strong, Tracy) (Filed on 2/5/2007) Modified on 2/7/2007 link to motion.(cv, COURT STAFF). |
| February 12, 2007 | 102 | RESPONSE in Support Response of Plaintiffs Charoensak and Rosen to Order to Show Cause Why Cases Should Not Be Consolidated filed bySomtai Troy Charoensak, Mariana Rosen. (Braun, Michael) (Filed on 2/12/2007) |
| February 12, 2007 | 103 |
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| March 6, 2007 | 104 | Minute Entry: Show Cause Hearing Held in Chambers, Matter Submitted, Court to Issue Further Order re 92 ORDER TO SHOW CAUSE WHY CASES SHOULD NOT BE CONSOLIDATED. PLEASE SEE ORDER FOR SPECIFICS (Date Filed: 3/6/2007). (Court Reporter Not Reported.) (ecg, COURT STAFF) (Date Filed: 3/6/2007) |
| March 15, 2007 | 105 |
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| March 21, 2007 | 106 |
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| April 19, 2007 | 107 | AMENDED COMPLAINT Consolidated Complaint for Violations of Sherman Antitrust Act, Clayton Act, Cartwright Act, California Unfair Competition Law, Consumer Legal Remedies Act, and California Common Law of Monopolization against all plaintiffs. Filed byMelanie Tucker, Somtai Troy Charoensak, Mariana Rosen. (Sweeney, Bonny) (Filed on 4/19/2007) |
| May 4, 2007 | 108 | STIPULATION re 107 Amended Complaint, by Apple Inc.. (Strong, Tracy) (Filed on 5/4/2007) |
| May 7, 2007 | 109 |
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| June 6, 2007 | 110 | ANSWER to Complaint (Consolidated) and Defenses byApple Inc.. (Strong, Tracy) (Filed on 6/6/2007) |
| June 12, 2007 | 111 | Stipulation and [Proposed] Protective Order Regarding Confidential Information by Apple Inc.(Strong, Tracy) (Filed on 6/12/2007) Modified on 6/15/2007 (cv, COURT STAFF). |
| June 13, 2007 | 112 |
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| June 15, 2007 | 113 | NOTICE of Appearance by Gregory Steven Weston (Weston, Gregory) (Filed on 6/15/2007) |
| June 22, 2007 | 114 | NOTICE of Appearance by Andrew S. Friedman (Friedman, Andrew) (Filed on 6/22/2007) |
| June 28, 2007 | 117 | STIPULATION AND PROPOSED ORDER GOVERNING ELECTRONIC DISCOVERY FORMATS by Melanie Tucker. (Attachments: # 1 Supplement Table 1)(Weston, Gregory) (Filed on 6/28/2007) |
| June 29, 2007 | 118 |
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| July 9, 2007 | 119 | MOTION to clarify whether the discovery bifurcation provision of the case management order Pursuant to Civil Local Rule 7-11 filed by Melanie Tucker. (Sweeney, Bonny) (Filed on 7/9/2007) Modified on 7/11/2007 (cv, COURT STAFF). |
| July 9, 2007 |