Some selected documents for this case are included below.
| Date Filed | # | Document Text |
|---|
| October 5, 2007 | 1 | CLASS ACTION COMPLAINT for Damages, Injunctive Relief and Restitution (Summons Issued); jury demand; against Apple, Inc., AT&T Mobility, LLC ( Filing fee $ 350, receipt number 54611001829). Filed by Paul Holman, Lucy Rivello. (bw, COURT STAFF) (Filed on 10/5/2007) Additional attachment(s) added on 10/9/2007 (bw, COURT STAFF). |
| October 5, 2007 | 2 | ADR SCHEDULING ORDER: Case Management Statement due by 1/16/2008. Case Management Conference set for 1/23/2008 02:30 PM. (bw, COURT STAFF) (Filed on 10/5/2007) |
| October 10, 2007 | 3 | Proof Of Service by Paul Holman, Lucy Rivello (Lazear, Arthur) (Filed on 10/10/2007) Text modified on 10/10/2007 (bw, COURT STAFF). |
| October 11, 2007 | 4 | Application for Admission of Attorney Max Folkenflik leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 54611001865) filed by Paul Holman, Lucy Rivello. (bw, COURT STAFF) (Filed on 10/11/2007) Additional attachment(s) added on 10/11/2007 (bw, COURT STAFF). |
| October 12, 2007 | 5 |  ORDER by Judge Richard Seeborg granting 4 Motion for Pro Hac Vice. (rssec, COURT STAFF) (Filed on 10/12/2007) |
| October 15, 2007 | 6 | PROOF OF SERVICE of Summons and Complaint ( 1 ), ( 2 ) by Paul Holman, Lucy Rivello (Lazear, Arthur) (Filed on 10/15/2007) Text modified on 10/16/2007, linkage added (bw, COURT STAFF). |
| October 18, 2007 | 7 | *** FILED IN ERROR *** Please see 8 amended Declination to Proceed Before a U.S. Magistrate Judge by Paul Holman, Lucy Rivello . (Lazear, Arthur) (Filed on 10/18/2007) Modified text on 10/19/2007 (cv, COURT STAFF). |
| October 18, 2007 | 8 | Amended Declination to Proceed Before a U.S. Magistrate Judge by Paul Holman, Lucy Rivello. (Lazear, Arthur) (Filed on 10/18/2007) |
| October 19, 2007 | 9 | CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (mpb, COURT STAFF) (Filed on 10/19/2007) |
| October 19, 2007 | 10 | ORDER REASSIGNING CASE. Case reassigned to District Judge James Ware for all further proceedings and Magistrate Richard Seeborg for all discovery matters. Signed by The Executive Committee on 10/19/07. (tsh, COURT STAFF) (Filed on 10/18/2007) Additional attachment(s) added on 10/19/2007 (tsh, COURT STAFF). |
| October 19, 2007 | 11 | CERTIFICATE OF SERVICE by Paul Holman, Lucy Rivello 7 8 9 10 (Lazear, Arthur) (Filed on 10/19/2007) Modified on 10/26/2007, (counsel failed to link to which documents relate to) (cv, COURT STAFF). |
| October 19, 2007 | 12 | ORDER Denying Motion to Relate Case C 06-04457 JW Tucker v. Apple Inc. and C 07-05152 RS Holman et al v. Apple Inc. et. al. Signed by Judge James Ware on 10/19/2007. (ecg, COURT STAFF) (Filed on 10/19/2007) |
| October 31, 2007 | 13 | NOTICE of Appearance by Christopher St. John Yates for Defendant Apple Inc. (Yates, Christopher) (Filed on 10/31/2007) |
| October 31, 2007 | 14 | STIPULATION to Extend Time for Defendant Apple Inc. and Defendant AT&T Mobility, LLC to Answer or Otherwise Respond to Plaintiffs' 1 Complaint by Apple, Inc.. (Yates, Christopher) (Filed on 10/31/2007) Modified text on 11/1/2007 (cv, COURT STAFF). |
| October 31, 2007 | 15 | Certificate of Interested Entities by Apple, Inc. (Yates, Christopher) (Filed on 10/31/2007) |
| October 31, 2007 | 16 | NOTICE by Apple, Inc. of Pendency of Other Action or Proceeding (Yates, Christopher) (Filed on 10/31/2007) |
| November 1, 2007 | 17 | NOTICE of Appearance by Daniel Allen Sasse Notice of Appearance (Sasse, Daniel) (Filed on 11/1/2007) |
| November 2, 2007 | 18 | STIPULATION AND ORDER to Extend Time for Defendant Apple Inc. and Defendant AT&T Mobility, LLC to Answer or Otherwise Respond to Plaintiffs'Complaint re 14 Stipulation filed by Apple, Inc. Signed by Judge James Ware on 11/31/2007. (ecg, COURT STAFF) (Filed on 11/2/2007) |
| November 8, 2007 | 23 | ORDER by Judge James Ware granting 19 Motion for Pro Hac Vice of Attorney Wm. Randolph Smith. (cv, COURT STAFF) (Filed on 11/8/2007) |
| November 8, 2007 | 24 | ORDER by Judge James Ware granting 20 Motion for Pro Hac Vice of Attorney Archis A. Parasharami. (cv, COURT STAFF) (Filed on 11/8/2007) |
| November 8, 2007 | 25 | ORDER by Judge James Ware granting 22 Motion for Pro Hac Vice of Attorney Christopher E. Ondeck. (cv, COURT STAFF) (Filed on 11/8/2007) |
| November 8, 2007 | 26 | ORDER by Judge James Ware granting 21 Motion for Pro Hac Vice of Attorney Jeffrey H. Howard. (cv, COURT STAFF) (Filed on 11/8/2007) |
| November 9, 2007 | 27 | MOTION to Relate C07-5662 RMW and C07-5152 JW Cases filed by Apple, Inc.. (Davis, Adrian) (Filed on 11/9/2007) Modified text on 11/14/2007 (cv, COURT STAFF). |
| November 10, 2007 | 28 | Proposed Order re 27 MOTION to Relate Case by Apple, Inc.. (Davis, Adrian) (Filed on 11/10/2007) |
| November 12, 2007 | 29 | CERTIFICATE OF SERVICE by Apple, Inc. re 27 MOTION to Relate Case, 28 Proposed Order (Davis, Adrian) (Filed on 11/12/2007) |
| November 16, 2007 | 30 | MOTION for Extension of Time to File Answer Otherwise Respond to Plaintiffs' Complaint filed by AT&T Mobility, LLC. (Sasse, Daniel) (Filed on 11/16/2007) Modified text on 11/28/2007 (cv, COURT STAFF). |
| November 16, 2007 | 31 | Declaration of Daniel A. Sasse in Support of 30 Defendants' Motion to Enlarge Time to Answer or Otherwise Respond to Plaintiffs' Complaint filed by AT&T Mobility, LLC. (Attachments: # 1 Exhibit Ex A to Sasse Declaration# 2 Exhibit Ex B to Sasse Decl# 3 Exhibit Ex C to Sasse Decl# 4 Exhibit Ex D to Sasse Decl)(Sasse, Daniel) (Filed on 11/16/2007) Modified on 11/28/2007,(counsel failed to properly link to motion) (cv, COURT STAFF). |
| November 16, 2007 | 32 | [Proposed] Order Granting Defendants' 30 Motion to Answer or Otherwise Respond to Plaintiffs' Complaint by AT&T Mobility, LLC. (Sasse, Daniel) (Filed on 11/16/2007) Modified on 11/28/2007,(counsel failed to properly link to motion) (cv, COURT STAFF). |
| November 21, 2007 | 33 | Memorandum in Opposition to Defendant AT&T Mobility, LLC's Administrative 30 Motion to Enlarge Time filed by Paul Holman, Lucy Rivello. (Lazear, Arthur) (Filed on 11/21/2007) Modified on 12/13/2007,(counsel failed to link to motion) (cv, COURT STAFF). |
| November 30, 2007 | 34 | ORDER Relating Cases; Order Consolidating Cases and Setting Case Management Conference re granting 27 Motion to Relate Case. Case No. C 07-05152 JW and Case No. 07-05662 RMW ARE RELATED. The Court sua sponte consolidates the two actions. All future filings shall be filed in C 07-05152 JW and bear the following caption: "In Re Apple & AT&TM Anti-Trust Litigation". The Court vacates all previous deadlines and case schedules. A consolidated Amended Complaint shall be filed within thirty (30) days from the date of this order. Case Management Conference set for January 28,2008 at 10:00 AM Courtroom 8, 4th Floor, San Jose before Hon. James Ware. (jwlc3, COURT STAFF) (Filed on 11/30/2007) Modified docket text on 12/3/2007 (ecg, COURT STAFF). |
| November 30, 2007 | 35 | ORDER RELATING CASES. Case No. C 07-05152 JW and Case No. 07-05662 RMW ARE RELATED. Signed by Judge James Ware on 11/30/2007. (ecg, COURT STAFF) (Filed on 11/30/2007) |
| December 5, 2007 | 36 | ORDER Finding as Moot 30 Motion for Extension of Time to Answer re 30 MOTION for Extension of Time to File Answer to Plaintiffs' Complaint. Please see 34 Order on Motion to Relate Case for further specifics. A consolidated Amended Complaint shall be filed within thirty (30) days from the date of the 34 Order. Signed by by Judge James Ware on 12/5/2007. (ecg, COURT STAFF) (Filed on 12/5/2007) |
| December 7, 2007 | 37 | Certificate of Interested Entities DISCLOSURE STATEMENT AND CERTIFICATION OF INTERESTED PERSONS OR ENTITIES (Crowe, David) (Filed on 12/7/2007) |
| December 20, 2007 | 38 | NOTICE by Apple, Inc. of Pendency of Action or Other Proceeding (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Certificate of Service)(Yates, Christopher) (Filed on 12/20/2007) |
| December 21, 2007 | 39 | NOTICE of Appearance by Damian Rene Fernandez , M. Van Smith, Joseph Antonelli, Janelle C. Carney, Kevin T. Barnes, Gregg Lander (Fernandez, Damian) (Filed on 12/21/2007) |
| December 26, 2007 | 40 | STIPULATION by Timothy P. Smith. (Antonelli, Giuseppe) (Filed on 12/26/2007) |
| December 26, 2007 | 41 | Declaration of Damian R. Fernandez and Max Folkenflik filed byTimothy P. Smith regarding ( 40 ). (Antonelli, Giuseppe) (Filed on 12/26/2007) Modified text to add linkage on 1/23/2008 (srm, COURT STAFF). |
| January 2, 2008 | 42 | STIPULATION AND ORDER to Enlarge Time for Plaintiff to File a Consolidated Amended Complaint re 40 Stipulation filed by Timothy P. Smith. Plaintiff shall file the Consolidated Amended Complaint by 1/18/2008. Signed by Judge James Ware on 1/2/2008. (ecg, COURT STAFF) (Filed on 1/2/2008) Modified docket text re clerical error on 1/15/2008 (ecg, COURT STAFF). |
| January 7, 2008 | 43 | ADR Certification (ADR L.R. 3-5b) of discussion of ADR options filed on behalf of Defendant Apple Inc. (Attachments: # 1 Certificate of Service)(Davis, Adrian) (Filed on 1/7/2008) |
| January 8, 2008 | 44 | ADR Certification (ADR L.R. 3-5b) of discussion of ADR options ADR Certification By Parties And Counsel (Hoffman, H.) (Filed on 1/8/2008) |
| January 8, 2008 | 45 | CERTIFICATE OF SERVICE by Paul Holman, Lucy Rivello re 44 ADR Certification (ADR L.R. 3-5b)of discussion of ADR options (Hoffman, H.) (Filed on 1/8/2008) |
| January 9, 2008 | 46 | ***DOCUMENT FILED IN ERROR - PLEASE DISREGARD*** ADR Clerks Notice re: Non-Compliance with Court Order. (tjs, COURT STAFF) (Filed on 1/9/2008) Modified on 1/9/2008 (tjs, COURT STAFF). |
| January 10, 2008 | 47 | ADR Certification (ADR L.R. 3-5b) of discussion of ADR options ADR CERTIFICATION BY DEFENDANT AT&T MOBILITY LLC AND COUNSEL (Crowe, David) (Filed on 1/10/2008) |
| January 10, 2008 | 48 | CERTIFICATE OF SERVICE by AT&T Mobility, LLC re: ( 47 ) ADR Certificate (Crowe, David) (Filed on 1/10/2008) Modified text to add linkage on 1/28/2008 (srm, COURT STAFF). |
| January 18, 2008 | 49 | MOTION to Vacate Plaintiffs' Unopposed Motion to Vacate the Date for Filing A Consolidated Amended Complaint filed by Paul Holman. (Hoffman, H.) (Filed on 1/18/2008) |
| January 18, 2008 | 50 | Proposed Order re 49 MOTION to Vacate Plaintiffs' Unopposed Motion to Vacate the Date for Filing A Consolidated Amended Complaint by Paul Holman. (Hoffman, H.) (Filed on 1/18/2008) |
| January 18, 2008 | 51 | CERTIFICATE OF SERVICE by Paul Holman re 50 Proposed Order, 49 MOTION to Vacate Plaintiffs' Unopposed Motion to Vacate the Date for Filing A Consolidated Amended Complaint (Hoffman, H.) (Filed on 1/18/2008) |
| January 18, 2008 | 52 | JOINT CASE MANAGEMENT STATEMENT filed by Apple, Inc.. (Attachments: # 1 Exhibit 1)(Yates, Christopher) (Filed on 1/18/2008) |
| January 18, 2008 | 53 | CERTIFICATE OF SERVICE by Apple, Inc. re 52 Case Management Statement (Joint) (Yates, Christopher) (Filed on 1/18/2008) |
| January 22, 2008 | 54 | NOTICE of Change In Counsel by Damian Rene Fernandez (Fernandez, Damian) (Filed on 1/22/2008) |
| January 25, 2008 | 55 | ORDER by Judge James Ware granting 49 Motion to Vacate (jwlc1, COURT STAFF) (Filed on 1/25/2008) |
| January 28, 2008 | 56 | Minute Entry: Initial Case Management Conference held on 1/28/2008 before Judge James Ware (Date Filed: 1/28/2008). Deadline to File Motion due by 2/4/2008. Motion Hearing set for 3/10/2008 10:00 AM in Courtroom 8, 4th Floor, San Jose. (Court Reporter Not Reported.) (ecg, COURT STAFF) (Date Filed: 1/28/2008) |
| January 29, 2008 | 57 | ORDER Following Case Management Conference on 1/28/2008. Deadline to File Motion due by 2/4/2008. Opposition/Cross-Motion deadline due 2/18/2008. Reply deadline due 2/25/2008. Motion Hearing set for 3/10/2008 10:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 1/29/2008. (ecg, COURT STAFF) (Filed on 1/29/2008) |
| February 4, 2008 | 58 | First MOTION for Extension of Time to File MOTION TO DISQUALIFY COUNSEL AND MOTION FOR APPOINTMENT OF LEAD COUNSEL; Declaration by Damian R. Fernandez filed by Vincent Scotti, Dennis V Macasaddu, Mark G Morikawa, Timothy P. Smith, Michael G Lee. Motion Hearing set for 2/25/2008 09:00 AM in Courtroom #5, 4th Floor, San Jose. (Attachments: # 1 Exhibit Marc Rifkin email re: Kliegerman Stipulation)(Fernandez, Damian) (Filed on 2/4/2008) Modified on 2/5/2008,(counsel failed to select multiple motions) (cv, COURT STAFF). |
| February 7, 2008 | 59 | Letter from Mark C. Rifkin to Judge Ware dated 2/4/08 re: case pending in the Southern District of New York their No. 1:07-cv-8404-PKC. (cv, COURT STAFF) (Filed on 2/7/2008) |
| February 8, 2008 | 60 | NOTICE of Appearance by Eric H. Gibbs Notice of Appearance and Association of Counsel (Gibbs, Eric) (Filed on 2/8/2008) |
| February 8, 2008 | 61 | NOTICE OF Motion and Motion for Appointment of Interim Co-Lead Class Counsel (Gibbs, Eric) (Filed on 2/8/2008) Modified on 2/11/2008,(counsel used incorrect event) (cv, COURT STAFF). |
| February 8, 2008 | 62 | Declaration of Eric H. Gibbs In support of 61 Motion for Appointment of Interim Co-Lead Class Counsel filed by Timothy P. Smith. (Gibbs, Eric) (Filed on 2/8/2008) Modified on 2/11/2008 ,(counsel failed to link to motion)(cv, COURT STAFF). |
| February 8, 2008 | 63 | Declaration of Damian R. Fernandez In Support of 61 Motion for Appointment of Interim Co-Lead Counsel filed by Timothy P. Smith. (Gibbs, Eric) (Filed on 2/8/2008) Modified on 2/11/2008,(counsel failed to link to which motion relates to) (cv, COURT STAFF). |
| February 8, 2008 | 64 | CERTIFICATE OF SERVICE of 61 , 62 , 63 by Timothy P. Smith (Gibbs, Eric) (Filed on 2/8/2008) Modified on 2/11/2008,(counsel failed to link to which document relates to) (cv, COURT STAFF). |
| February 14, 2008 | 65 | Proposed Order Granting 61 Appointment of Interim Co-Lead Class Counsel by Timothy P. Smith. (Gibbs, Eric) (Filed on 2/14/2008) Modified on 2/14/2008,(counsel failed to link to motion) (cv, COURT STAFF). |
| February 15, 2008 | 66 | ORDER CONTINUING HEARING ON MOTIONS TO DISQUALIFY COUNSEL AND APPOINT LEAD COUNSEL by Judge James Ware finding as moot 58 Motion for Extension of Time to File (jwlc1, COURT STAFF) (Filed on 2/15/2008) |
| February 15, 2008 | 67 | MOTION to Relate C08-948 JSW, C07-5152 JW and C07-5662 JW Cases UNDER L.R. 3-12 filed by Herbert H. Kliegerman. (Attachments: # 1 Exhibit A)(Gregorek, Francis) (Filed on 2/15/2008) Modified on 2/19/2008 (cv, COURT STAFF). Modified on 2/19/2008 (cv, COURT STAFF). |
| February 15, 2008 | 68 | STIPULATION re 67 MOTION to Relate C08-948 JSW and C07-5152 JW Cases UNDER L.R. 3-12 by Herbert H. Kliegerman. (Gregorek, Francis) (Filed on 2/15/2008) Modified text on 2/19/2008 (cv, COURT STAFF). |
| February 15, 2008 | 69 | CERTIFICATE OF SERVICE by Herbert H. Kliegerman re 68 Stipulation, 67 MOTION to Relate Case PLAINTIFF'S ADMINISTRATIVE MOTION TO RELATE CASES UNDER L.R. 3-12 (Gregorek, Francis) (Filed on 2/15/2008) |
| March 3, 2008 | 70 | NOTICE of Cross MOTION and CROSS-MOTION of plaintiff Kligerman to Appoint Wolf Haldenstein in case number C08-948 JSW as Lead Counsel MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT thereof. filed by Herbert H. Kliegerman. Motion Hearing set for 4/7/2008 09:00 AM. (Gregorek, Francis) (Filed on 3/3/2008) Modified on 3/4/2008 (cv, COURT STAFF). |
| March 3, 2008 | 71 | MOTION to Appoint Counsel MOTION TO APPOINT MAX FOLKENFLIK AS LEAD COUNSEL FOR PLAINTIFFS AND THE PUTATIVE CLASS; MEMORANDUM OF POINTS AND AUTHORITIES filed by Paul Holman, Lucy Rivello. Motion Hearing set for 4/7/2008 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Hoffman, H.) (Filed on 3/3/2008) |
| March 3, 2008 | 72 | Declaration of H. TIM HOFFMAN in Support of 71 MOTION to Appoint Counsel MOTION TO APPOINT MAX FOLKENFLIK AS LEAD COUNSEL FOR PLAINTIFFS AND THE PUTATIVE CLASS; MEMORANDUM OF POINTS AND AUTHORITIES filed byPaul Holman, Lucy Rivello. (Related document(s) 71 ) (Hoffman, H.) (Filed on 3/3/2008) |
| March 3, 2008 | 73 | Declaration of MAX FOLKENFLIK in Support of 71 MOTION to Appoint Counsel MOTION TO APPOINT MAX FOLKENFLIK AS LEAD COUNSEL FOR PLAINTIFFS AND THE PUTATIVE CLASS; MEMORANDUM OF POINTS AND AUTHORITIES filed byPaul Holman, Lucy Rivello. (Related document(s) 71 ) (Hoffman, H.) (Filed on 3/3/2008) |
| March 3, 2008 | 74 | Declaration of RONALD M. SABRAW in Support of 71 MOTION to Appoint Counsel MOTION TO APPOINT MAX FOLKENFLIK AS LEAD COUNSEL FOR PLAINTIFFS AND THE PUTATIVE CLASS; MEMORANDUM OF POINTS AND AUTHORITIES filed byPaul Holman, Lucy Rivello. (Related document(s) 71 ) (Hoffman, H.) (Filed on 3/3/2008) |
| March 3, 2008 | 75 | Declaration of JOSEPH CARUSO in Support of 71 MOTION to Appoint Counsel MOTION TO APPOINT MAX FOLKENFLIK AS LEAD COUNSEL FOR PLAINTIFFS AND THE PUTATIVE CLASS; MEMORANDUM OF POINTS AND AUTHORITIES filed byPaul Holman, Lucy Rivello. (Related document(s) 71 ) (Hoffman, H.) (Filed on 3/3/2008) |
| March 3, 2008 | 76 | CERTIFICATE OF SERVICE by Paul Holman, Lucy Rivello re 75 Declaration in Support, 74 Declaration in Support, 72 Declaration in Support, 73 Declaration in Support, 71 MOTION to Appoint Counsel MOTION TO APPOINT MAX FOLKENFLIK AS LEAD COUNSEL FOR PLAINTIFFS AND THE PUTATIVE CLASS; MEMORANDUM OF POINTS AND AUTHORITIES (Hoffman, H.) (Filed on 3/3/2008) |
| March 3, 2008 | 77 | AFFIDAVIT re 70 Cross MOTION to Appoint Lead Plaintiff and Lead Counsel NOTICE OF CROSS-MOTION AND CROSS-MOTION OF PLAINTIFF KLIEGERMAN FOR APPOINTMENT OF INTERIM LEAD CLASS COUNSEL; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION . AFFIDAVIT OF ALEXANDER H. SCHMIDT IN SUPPORT OF 70 CROSS-MOTION by Herbert H. Kliegerman. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Gregorek, Francis) (Filed on 3/3/2008) |
| March 3, 2008 | 78 | Proposed Order re 70 Cross MOTION to Appoint Lead Plaintiff and Lead Counsel NOTICE OF CROSS-MOTION AND CROSS-MOTION OF PLAINTIFF KLIEGERMAN FOR APPOINTMENT OF INTERIM LEAD CLASS COUNSEL; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION . [PROPOSED] ORDER GRANTING PLAINTIFF KLIEGERMAN'S CROSS-MOTION by Herbert H. Kliegerman. (Gregorek, Francis) (Filed on 3/3/2008) |
| March 3, 2008 | 79 | CERTIFICATE OF SERVICE by Herbert H. Kliegerman re 70 Cross MOTION to Appoint Lead Plaintiff and Lead Counsel NOTICE OF CROSS-MOTION AND CROSS-MOTION OF PLAINTIFF KLIEGERMAN FOR APPOINTMENT OF INTERIM LEAD CLASS COUNSEL; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION (Gregorek, Francis) (Filed on 3/3/2008) |
| March 17, 2008 | 80 | Supplemental Memorandum of Law in Further Support of His 70 Motion for Appointment of Interim Lead Class Counsel filed by Herbert H. Kliegerman. Motion Hearing set for 4/7/2008 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Gregorek, Francis) (Filed on 3/17/2008) Modified on 3/18/2008,(counsel failed to link to motions and used incorrect event) (cv, COURT STAFF). |
| March 17, 2008 | 81 | DECLARATION of MAX FOLKENFLIK REGARDING 71 APPLICATIONS OF FERNANDEZ AND WOLF HALDENSTEIN TO BE APPOINTED AS LEAD COUNSEL filed by Paul Holman, Lucy Rivello. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Hoffman, H.) (Filed on 3/17/2008) Modified on 3/18/2008 (cv, COURT STAFF). |
| March 17, 2008 | 82 | MEMORANDUM in Opposition re 81 Declaration in Opposition, MEMORANDUM OF LAW IN OPPOSITION TO THE MOTION TO DISQUALIFY COUNSEL AND MOTIONS TO APPOINT FERNANDEZ OR WOLF HALDENSTEIN AS INTERIM LEAD COUNSEL filed byPaul Holman, Lucy Rivello. (Attachments: # 1 Exhibit A)(Related document(s) 81 ) (Hoffman, H.) (Filed on 3/17/2008) |
| March 17, 2008 | 83 | CERTIFICATE OF SERVICE by Paul Holman, Lucy Rivello re 82 Memorandum in Opposition, 81 Declaration in Opposition, (Hoffman, H.) (Filed on 3/17/2008) |
| March 17, 2008 | 84 | Memorandum in Opposition 70 Motions For Appointment Of Interim Lead Counsel Filed By Counsel For Plaintiff Kliegerman And Holman filed by Vincent Scotti, Dennis V Macasaddu, Mark G Morikawa, Timothy P. Smith, Michael G Lee. (Fernandez, Damian) (Filed on 3/17/2008) Modified on 3/18/2008,(counsel failed to link to motions) (cv, COURT STAFF). |
| March 18, 2008 | 85 | ORDER Granting (67) Motion to Relate Case, (68) in case 5:07-cv-05152-JW. C-07-05152 JW In Re Apple & AT&TM Anti-Trust Litigation; C-07-05662 JW Smith et al v. Apple, Inc. Et al and C-08-0948 JSW Kliegerman v. Apple, Inc ARE RELATED. The Clerk shall relate the cases. Signed by Judge James Ware on 3/18/2008. (jwlc1, COURT STAFF) (Filed on 3/18/2008) Modified docket text and docket relationship on 3/18/2008 (ecg, COURT STAFF). |
| March 18, 2008 | 86 | RELATED CASE ORDER. C-07-05152 JW In Re Apple & AT&TM Anti-Trust Litigation; C-07-05662 JW Smith et al v. Apple, Inc. Et al and C-08-0948 JSW Kliegerman v. Apple, Inc ARE RELATED. The Clerk shall relate the cases. Signed by Judge James Ware on 3/18/2008. (ecg, COURT STAFF) (Filed on 3/18/2008) Modified on 3/18/2008 (ecg, COURT STAFF). |
| March 19, 2008 | 87 | NOTICE of Change In Counsel by Damian Rene Fernandez Disassociation of Girard Gibbs LLP (Fernandez, Damian) (Filed on 3/19/2008) |
| March 24, 2008 | 88 | Reply Memorandum in Further Support of ( 61 ) Plaintiff Kliegerman's Cross-Motion for Appointment of Interim Lead Class Counsel filed byHerbert H. Kliegerman. (Gregorek, Francis) (Filed on 3/24/2008) Modified text to add linkage on 3/25/2008 (srm, COURT STAFF). |
| March 24, 2008 | 89 | AFFIDAVIT in Support ( 88 ) Reply Affidavit of Alexander H. Schmidt in Further Support of Plaintiff Kliegerman's Cross-Motion for Appointment of Interim Lead Class Counsel filed byHerbert H. Kliegerman. (Gregorek, Francis) (Filed on 3/24/2008) Modified text to add linkage on 3/25/2008 (srm, COURT STAFF). |
| March 24, 2008 | 90 | CERTIFICATE OF SERVICE by Herbert H. Kliegerman Declaration of Service for ( 88 ), ( 89 ) Reply Memorandum in Further Support of Plaintiff Kliegerman's Cross-Motion for Appointment of Interim Lead Class Counsel; and Reply Affidavit of Alexander H. Schmidt in Further Support of Plaintiff Kliegerman's Cross-Motion for Appointment of Interim Lead Class Counsel (Gregorek, Francis) (Filed on 3/24/2008) Modified text to add linkage on 3/25/2008 (srm, COURT STAFF). |
| March 24, 2008 | 91 | Reply Memorandum REPLY MEMORANDUM OF LAW IN SUPPORT OF MAX FOLKENFLIK AS INTERIM LEAD COUNSEL filed byPaul Holman, Lucy Rivello. (Lazear, Arthur) (Filed on 3/24/2008) |
| March 24, 2008 | 92 | Declaration of MAX FOLKENFLIK REPLY DECLARATION OF MAX FOLKENFLIK filed byPaul Holman, Lucy Rivello. (Lazear, Arthur) (Filed on 3/24/2008) |
| March 24, 2008 | 93 | CERTIFICATE OF SERVICE by Paul Holman, Lucy Rivello re 92 Declaration in Support, 91 Reply Memorandum (Lazear, Arthur) (Filed on 3/24/2008) |
| March 24, 2008 | 94 | Reply Memorandum in Support of Smith ( 61 ) Plaintiffs' Motion for Lead Counsel filed byVincent Scotti, Dennis V Macasaddu, Mark G Morikawa, Timothy P. Smith, Michael G Lee. (Fernandez, Damian) (Filed on 3/24/2008) Modified text to add linkage on 3/25/2008 (srm, COURT STAFF). |
| March 25, 2008 | 95 | Reply Memorandum CORRECTED REPLY MEMORANDUM OF LAW IN SUPPORT OF MAX FOLKENFLIK AS INTERIM LEAD COUNSEL filed byPaul Holman, Lucy Rivello. (Hoffman, H.) (Filed on 3/25/2008) |
| March 25, 2008 | 96 | CERTIFICATE OF SERVICE by Paul Holman, Lucy Rivello re 95 Reply Memorandum (Hoffman, H.) (Filed on 3/25/2008) |
| April 7, 2008 | 97 | Minute Entry: Motion Hearing held on 4/7/2008 before Judge James Ware (Date Filed: 4/7/2008) re (70 in 5:07-cv-05152-JW) Cross MOTION to Appoint Wolf Haldenstein Lead Counsel in case number C08-948 JSW and MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION filed by Herbert H. Kliegerman, (61 in 5:07-cv-05152-JW) MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Timothy P. Smith, (71 in 5:07-cv-05152-JW) MOTION to Appoint Counsel MOTION TO APPOINT MAX FOLKENFLIK AS LEAD COUNSEL FOR PLAINTIFFS AND THE PUTATIVE CLASS; MEMORANDUM OF POINTS AND AUTHORITIES filed by Lucy Rivello, Paul Holman. The Court took the matter under submission after oral argument. The Court to issue further order on motion. (Court Reporter Irene Rodriguez.) (ecg, COURT STAFF) (Date Filed: 4/7/2008) |
| April 9, 2008 | 98 | STIPULATION Stipulation and [Proposed] Scheduling Order by Vincent Scotti, Dennis V Macasaddu, Mark G Morikawa, Timothy P. Smith, Michael G Lee, Herbert H. Kliegerman, Paul Holman, Lucy Rivello. (Attachments: # 1 Proposed Order Scheduling Order)(Gregorek, Francis) (Filed on 4/9/2008) |
| April 11, 2008 | 99 | STIPULATION AND ORDER re Scheduling Order re 98 Stipulation filed by Dennis V Macasaddu, Herbert H. Kliegerman, Mark G Morikawa, Vincent Scotti, Timothy P. Smith, Lucy Rivello, Michael G Lee, Paul Holman. Motion Hearing set for 9/8/2008 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 4/10/2008. (ecg, COURT STAFF) (Filed on 4/11/2008) |
| April 15, 2008 | 100 | ORDER Denying 61 Motion to Appoint Lead Plaintiff and Lead Counsel ; Granting 70 Motion to Appoint Lead Plaintiff and Lead Counsel ; Denying 71 Motion to Appoint Counsel; Appointing Interim Lead Counsel and Administratively Closing Cases. All future filings shall continue to be filed in Case No. C 07-05152 JW and to bear the caption: In Re Apple & AT&TM Anti-Trust Litigation. The Clerk shall administratively close cases C 07-05662 JW and C 08-0948 JW . Signed by Judge James Ware on 4/15/08. (jwlc2, COURT STAFF) (Filed on 4/15/2008) Modified docket text to conform to Order on 4/16/2008 (ecg, COURT STAFF). |
| May 5, 2008 | 102 | FIRST CONSOLIDATED AMENDED COMPLAINT against all defendants. Filed by Vincent Scotti, Dennis V Macasaddu, Mark G Morikawa, Timothy P. Smith, Michael G Lee, Herbert H. Kliegerman, Paul Holman, Lucy Rivello. (Gregorek, Francis) (Filed on 5/5/2008) Modified TEXT on 5/6/2008 (cv, COURT STAFF). |
| May 28, 2008 | 103 | Letter from Mark C. Rifkin Letter from Mark C. Rifkin to Judge James Ware. (Rickert, Rachele) (Filed on 5/28/2008) |
| May 30, 2008 | 104 | MOTION to Stay Discovery Pending Resolution Of Its Soon-To-Be-Filed Motion To Compel Arbitration filed by AT&T Mobility, LLC. Motion Hearing set for 9/8/2008 09:00 AM. (Attachments: # 1 Exhibit 1)(Falk, Donald) (Filed on 5/30/2008) |
| May 30, 2008 | 105 | Declaration of Daniel A. Sasse in Support of 104 MOTION to Stay Discovery Pending Resolution Of Its Soon-To-Be-Filed Motion To Compel Arbitration filed byAT&T Mobility, LLC. (Related document(s) 104 ) (Falk, Donald) (Filed on 5/30/2008) |
| May 30, 2008 | 106 | Proposed Order re 104 MOTION to Stay Discovery Pending Resolution Of Its Soon-To-Be-Filed Motion To Compel Arbitration by AT&T Mobility, LLC. (Falk, Donald) (Filed on 5/30/2008) |
| June 2, 2008 | 107 | STIPULATION and [Proposed] Order Regarding the Filing of a 109 Revised Consolidated Complaint and Modified 108 Briefing Schedule by Vincent Scotti, Dennis V Macasaddu, Mark G Morikawa, Timothy P. Smith, Michael G Lee, Paul Holman, Herbert H. Kliegerman, Lucy Rivello. (Gregorek, Francis) (Filed on 6/2/2008) Modified text on 6/11/2008 (cv, COURT STAFF). |
| June 4, 2008 | 108 | STIPULATION AND ORDER as Modified by the Court; Setting Further Case Management Conference re 107 Stipulation, 103 Letter. Revised Consolidated Amended Complaint due 6/4/2008 as a separate docket entry in this case. Joint Case Management Statement due 6/10/2008. Interim Case Management Conference set for 6/23/2008 10:00 AM, Motion Hearing set for 9/8/2008 09:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 6/4/2008. (ecg, COURT STAFF) (Filed on 6/4/2008) |
| June 4, 2008 | 109 | REVISED CONSOLIDATED COMPLAINT against Apple, Inc., AT&T Mobility, LLC. Filed by Vincent Scotti, Dennis V Macasaddu, Mark G Morikawa, Timothy P. Smith, Michael G Lee, Paul Holman, Herbert H. Kliegerman, Lucy Rivello. (Gregorek, Francis) (Filed on 6/4/2008) Modified TEXT on 6/11/2008 (cv, COURT STAFF). |
| June 6, 2008 | 110 | EXHIBITS re 104 MOTION to Stay Discovery Pending Resolution Of Its Soon-To-Be-Filed Motion To Compel Arbitration -- Exhibit 2 filed byAT&T Mobility, LLC. (Related document(s) 104 ) (Falk, Donald) (Filed on 6/6/2008) |
| June 6, 2008 | 111 | EXHIBITS re 104 MOTION to Stay Discovery Pending Resolution Of Its Soon-To-Be-Filed Motion To Compel Arbitration -- Exhibit 3 filed byAT&T Mobility, LLC. (Related document(s) 104 ) (Falk, Donald) (Filed on 6/6/2008) |
| June 10, 2008 | 112 | JOINT CASE MANAGEMENT STATEMENT filed by Vincent Scotti, Dennis V Macasaddu, Mark G Morikawa, Timothy P. Smith, Michael G Lee, Paul Holman, Herbert H. Kliegerman, Lucy Rivello. (Rickert, Rachele) (Filed on 6/10/2008) |
| June 23, 2008 | 113 | Minute Entry: Further Case Management Conference held on 6/23/2008 before Judge James Ware (Date Filed: 6/23/2008). Motion hearing continued from 9/8/2008 re 104 Motion to 9/12/2008 01:00 PM in Courtroom 8, 4th Floor, San Jose. (Court Reporter Not Reported.) (ecg, COURT STAFF) (Date Filed: 6/23/2008) |
| June 26, 2008 | 114 | ORDER by Judge James Ware granting 104 Motion to Stay (jwlc2, COURT STAFF) (Filed on 6/26/2008) |
| June 27, 2008 | 115 | MOTION to Compel Arbitration and to Dismiss Claims Pursuant to the Federal Arbitration Act filed by AT&T Mobility, LLC. Motion Hearing set for 9/12/2008 09:00 AM. (Falk, Donald) (Filed on 6/27/2008) |
| June 27, 2008 | 116 | Brief re 115 MOTION to Compel Arbitration and to Dismiss Claims Pursuant to the Federal Arbitration Act filed byAT&T Mobility, LLC. (Attachments: # 1 Attachment)(Related document(s) 115 ) (Falk, Donald) (Filed on 6/27/2008) |
| June 27, 2008 | 117 | Declaration of NEAL S. BERINHOUT in Support of 115 MOTION to Compel Arbitration and to Dismiss Claims Pursuant to the Federal Arbitration Act filed byAT&T Mobility, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28)(Related document(s) 115 ) (Falk, Donald) (Filed on 6/27/2008) |
| June 27, 2008 | 118 | Declaration of KEVIN RANLETT in Support of 115 MOTION to Compel Arbitration and to Dismiss Claims Pursuant to the Federal Arbitration Act filed byAT&T Mobility, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Related document(s) 115 ) (Falk, Donald) (Filed on 6/27/2008) |
| June 27, 2008 | 119 | Declaration of CYNTHIA HENNESSY in Support of 115 MOTION to Compel Arbitration and to Dismiss Claims Pursuant to the Federal Arbitration Act filed byAT&T Mobility, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Related document(s) 115 ) (Falk, Donald) (Filed on 6/27/2008) |
| June 27, 2008 | 120 | Declaration of RICHARD A. NAGAREDA in Support of 115 MOTION to Compel Arbitration and to Dismiss Claims Pursuant to the Federal Arbitration Act filed byAT&T Mobility, LLC. (Attachments: # 1 Attachment)(Related document(s) 115 ) (Falk, Donald) (Filed on 6/27/2008) |
| June 27, 2008 | 121 | Proposed Order re 115 MOTION to Compel Arbitration and to Dismiss Claims Pursuant to the Federal Arbitration Act by AT&T Mobility, LLC. (Falk, Donald) (Filed on 6/27/2008) |
| June 27, 2008 | 122 | MOTION to Dismiss Plaintiffs' Revised Consolidated Amended Class Action Complaint; Supporting Memorandum of Points and Authorities filed by Apple, Inc.. Motion Hearing set for 9/12/2008 01:00 PM in Courtroom 8, 4th Floor, San Jose. (Wall, Daniel) (Filed on 6/27/2008) |
| June 27, 2008 | 123 | Request for Judicial Notice re 122 MOTION to Dismiss Plaintiffs' Revised Consolidated Amended Class Action Complaint; Supporting Memorandum of Points and Authorities filed byApple, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Related document(s) 122 ) (Wall, Daniel) (Filed on 6/27/2008) |
| June 27, 2008 | 124 | Proposed Order re 123 Request for Judicial Notice, 122 MOTION to Dismiss Plaintiffs' Revised Consolidated Amended Class Action Complaint; Supporting Memorandum of Points and Authorities by Apple, Inc.. (Wall, Daniel) (Filed on 6/27/2008) |
| July 2, 2008 | 125 | CLERK'S NOTICE Continuing Motion Hearing re 115 MOTION to Compel Arbitration and to Dismiss Claims Pursuant to the Federal Arbitration Act. Motion Hearing set for 9/12/2008 01:00 PM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. (ecg, COURT STAFF) (Filed on 7/2/2008) |
