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Levitte v. Google Inc.

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Plaintiff:Hal K. Levitte
Defendant:Google Inc.
 
Case Number:5:2008cv03369
Filed:July 11, 2008
 
Court:California Northern District Court
Office:Other Statutory Actions Office [ Court Info ]
County:XX US, Outside State
Presiding Judge:Hon. James Ware
Referring Judge:Magistrate Judge Richard Seeborg
 
Nature of Suit:Other Statutes - Other Statutory Actions
Cause:Federal Question
Jurisdiction:Federal Question
Jury Demanded By:28:1332 Diversity-Other Contract

Available Case Documents

Some selected documents for this case are included below.
Date Filed#Document Text
July 11, 20081COMPLAINT (summons issued) against Google Inc. ( Filing fee $ 350, receipt number 54611003506.). Filed byHal K. Levitte. (cv, COURT STAFF) (Filed on 7/11/2008) (Additional attachment(s) added on 7/16/2008: # 1 Civil Cover Sheet) (cv, COURT STAFF).
July 11, 20082Court Opinion or Order ADR SCHEDULING ORDER: Case Management Statement due by 1/16/2009. Case Management Conference set for 1/26/2009 10:00 AM.. Signed by Judge James Ware on 7/11/08. (Attachments: # 1 Standing Order)(cv, COURT STAFF) (Filed on 7/11/2008)
July 11, 20083Summons Issued as to Google Inc.. (cv, COURT STAFF) (Filed on 7/11/2008) (cv, COURT STAFF).
July 29, 20084PROOF OF SERVICE by Hal K. Levitte re 2 ADR Scheduling Order, 1 Complaint, 3 Summons Issued (cv, COURT STAFF) (Filed on 7/29/2008)
September 2, 20085MOTION to Relate C08-3369 JW, C08-3452 RMW, C08-3888 SI Cases filed by Pulaski & Middleman, LLC. (Saveri, Guido) (Filed on 9/2/2008) Modified on 9/3/2008 (cv, COURT STAFF).
September 2, 20086Declaration in Support of 5 MOTION to Relate Case filed byPulaski & Middleman, LLC. (Related document(s) 5 ) (Saveri, Guido) (Filed on 9/2/2008)
September 2, 20087Proposed Order re 5 MOTION to Relate Case by Pulaski & Middleman, LLC. (Saveri, Guido) (Filed on 9/2/2008)
September 2, 20088CERTIFICATE OF SERVICE by Pulaski & Middleman, LLC re 5 MOTION to Relate Case (Saveri, Guido) (Filed on 9/2/2008)
September 3, 20089MOTION to Relate C08-3452 RMW, C08-3888 SI Case to Consider Whether Cases Should Be Related to C08-3369 JW Pursuant to Civil Local Rule 3-12 filed by Hal K. Levitte. (Jonckheer, Willem) (Filed on 9/3/2008) Modified on 9/3/2008 (cv, COURT STAFF).
September 3, 200810Declaration of Willem F. Jonckheer in Support of Plaintiff Hal K. Levitte's Administrative 9 Motion to Consider Whether Cases Should be Related filed by Hal K. Levitte. (Jonckheer, Willem) (Filed on 9/3/2008) Modified on 9/3/2008 (counsel failed to properly link to motion.)(cv, COURT STAFF).
September 3, 200811Proposed Order re: 9 Motion to relate cases by Hal K. Levitte. (Jonckheer, Willem) (Filed on 9/3/2008) Modified on 9/3/2008 (cv, COURT STAFF).(counsel failed to properly link to motion.)
September 3, 200812CERTIFICATE OF SERVICE by Hal K. Levitte (Jonckheer, Willem) (Filed on 9/3/2008)
September 8, 200813Memorandum in Opposition re 9 MOTION to Relate C08-3452 RMW and C08-3888 SI Case with C08-3369 JW, 5 MOTION to Relate C08-3369 JW, C08-3452 RMW, C08-3888 SI Cases filed byGoogle Inc.. (Norton, Leo) (Filed on 9/8/2008)
September 8, 200814DECLARATION of Leo P. Norton in Opposition to 9 MOTION to Relate C08-3452 RMW and C08-3888 SI Case with C08-3369 JW, 5 MOTION to Relate C08-3369 JW, C08-3452 RMW, C08-3888 SI Cases Consolidated filed byGoogle Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Related document(s) 9 , 5 ) (Norton, Leo) (Filed on 9/8/2008)
September 10, 200815STIPULATION to Extend Time to Respond to Initial Complaint by Google Inc.. (Norton, Leo) (Filed on 9/10/2008)
September 12, 200816Court Opinion or Order STIPULATION AND ORDER to Extend Time to Respond to Initial Complaint re 15 Stipulation filed by Google Inc. Response due 9/30/2008. Signed by Judge James Ware on 9/12/2008. (ecg, COURT STAFF) (Filed on 9/12/2008)
September 19, 200817Court Opinion or Order ORDER by Judge James Ware denying 5 Motion to Relate Case; denying 9 Motion to Relate Case (jwlc3, COURT STAFF) (Filed on 9/19/2008)
September 30, 200818ANSWER to Complaint by Google Inc.. (Norton, Leo) (Filed on 9/30/2008) Modified on 10/1/2008 (cv, COURT STAFF).
September 30, 200819NOTICE by Google Inc. Corporate Disclosure Statement (Norton, Leo) (Filed on 9/30/2008)
September 30, 200820Certificate of Interested Entities by Google Inc. (Norton, Leo) (Filed on 9/30/2008)
September 30, 200821Notice of Pendency of Other Action case number 08-CV-4543 filed on 8/11/08 pending at the District Court of Illinois Eastern Division (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2)(Norton, Leo) (Filed on 9/30/2008) Modified on 10/1/2008 (cv, COURT STAFF).
September 30, 200822NOTICE of Appearance by Michael Graham Rhodes (Rhodes, Michael) (Filed on 9/30/2008)
October 1, 200823MOTION for leave to appear in Pro Hac Vice of Attorney Peter J. Willsey ( Filing fee $ 210, receipt number 54611003981.) filed by Google Inc.. (cv, COURT STAFF) (Filed on 10/1/2008)
October 1, 200824Proposed Order re 23 MOTION for leave to appear in Pro Hac Vice of Attorney Peter J. Willsey by Google Inc.. (cv, COURT STAFF) (Filed on 10/1/2008)
October 6, 200825Court Opinion or Order ORDER Granting 23 Motion for Pro Hac Vice of Attorney Peter J. Willsey. Signed by Judge James Ware on 10/6/2008. (ecg, COURT STAFF) (Filed on 10/6/2008)
October 10, 200826Statement in Response to 21 Notice of Pendency of Other Action filed by Hal K. Levitte. (Kralowec, Kimberly) (Filed on 10/10/2008) Modified text on 10/16/2008,( to conform with document posted by counsel.)(cv, COURT STAFF).
October 10, 200827CERTIFICATE OF SERVICE by Hal K. Levitte (Kralowec, Kimberly) (Filed on 10/10/2008)
October 16, 200828MOTION to Relate Cases C08-3369 JW, C08-3452 RMW, C08-4701 PVT and C08-3888 SI filed by Google Inc.. (Attachments: # 1 Exhibit 1)(Norton, Leo) (Filed on 10/16/2008) Modified text on 10/16/2008 (cv, COURT STAFF).
October 22, 200829NOTICE of Appearance by Peter Joel Willsey (Willsey, Peter) (Filed on 10/22/2008)
November 3, 200830Court Opinion or Order ORDER Granting Motion to Relate Cases C-08-3369 JW, C-08-3452 RMW, C-08-4701 PVT and C-08-3888 SI re 28 MOTION to Relate Cases. Motions terminated: 28 MOTION to Relate Cases C08-3369 JW, C08-3452 RMW, C08-4701 PVT and C08-3888 SI filed by Google Inc. The parties are to file a joint case management conference statement by 2/13/09. ***Related cases require filing for each related case in their respective dockets.*** Initial Case Management Conference set for ALL CASES on 2/23/2009 10:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 11/3/2008. (ecg, COURT STAFF) (Filed on 11/3/2008) Modified on 12/9/2008 (cv, COURT STAFF).
December 8, 200831NOTICE of Change of Address by Guido Saveri (Saveri, Guido) (Filed on 12/8/2008) Modified on 12/9/2008,(*** Related cases require filing for each related case.***) (cv, COURT STAFF).
January 5, 200932STIPULATION and Proposed Order selecting Mediation by Hal K. Levitte (Jonckheer, Willem) (Filed on 1/5/2009)
January 6, 200933ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Norton, Leo) (Filed on 1/6/2009)
January 16, 200934MOTION to Consolidate Cases filed by Hal K. Levitte. Motion Hearing set for 2/23/2009 10:00 AM. (Jonckheer, Willem) (Filed on 1/16/2009)
January 16, 200935Declaration of Willem F. Jonckheer Declaration of Willem F. Jonckheer in Support of ( 34 ) Motion to Consolidate filed byHal K. Levitte. (Jonckheer, Willem) (Filed on 1/16/2009) Modified text to add linkage on 1/28/2009 (srm, COURT STAFF).
January 16, 200936Proposed Order ( 34 ) Motion to Consolidate; Proposed Order by Hal K. Levitte. (Jonckheer, Willem) (Filed on 1/16/2009) Modified text to add linkage on 1/28/2009 (srm, COURT STAFF).
January 16, 200937Court Opinion or Order ORDER REFERRING CASE to Mediation re 32 Stipulation. Signed by Judge James Ware on 1/16/2009. (ecg, COURT STAFF) (Filed on 1/16/2009)
February 12, 200938CLERKS NOTICE Continuing Motion Hearing (34 in 08-cv-03369-JW Levitte v. Google Inc.); Continuing Case Management Conference in ALL RELATED cases from 2/23/2009 to 3/2/2009. Motion Hearing set for 3/2/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. Joint Case Management Statement due by 2/20/2009 to be filed in each respective case docket. Case Management Conference in all related cases set for 3/2/2009 10:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. (ecg, COURT STAFF) (Filed on 2/12/2009)
February 20, 200939CASE MANAGEMENT STATEMENT filed by Hal K. Levitte, Pulaski & Middleman, LLC. (Schubert, Dustin) (Filed on 2/20/2009)
February 25, 200940Court Opinion or Order ORDER by Judge James Ware granting 34 Motion to Consolidate C08-3369 JW, C08-3452 JW, C08-3888 JW and C08-4701 JW. The Clerk of Court SHALL CONSOLIDATE these actions such that the earlier filed action, C08-3369 JW, is the LEAD CASE. ALL future filings SHALL be in C08-3369 and bear the caption:"In re Google AdWords Litigation." In addition, the Clerk SHALL administratively close C08-3452 JW, C08-3888 JW and C08-4701 JW. Plaintiffs SHALL file and Amended Consolidated Complaint by 4/6/09 and Appointing Schubert Jonckheer Kolbe & Kralowec LLP Interim Class Counsel(jwlc2, COURT STAFF) (Filed on 2/25/2009) Modified on 2/25/2009 (cv, COURT STAFF).
February 25, 200941Court Opinion or Order SCHEDULING ORDER FOR CLASS DISCOVERY: Deadline to File Consolidated Amended Complaint due 4/6/2009, Deadline to File Answer to Consolidated AmendedComplaint due 4/30/2009, Close of Class Discovery set for 11/2/2009. Interim Case Management Conference statement due 9/4/2009. Inteirm Case Management Conference set for 9/14/2009 10:00 AM. Class Certification Motion Hearing set for 12/7/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 2/25/2009. (ecg, COURT STAFF) (Filed on 2/25/2009)
March 23, 200942WAIVER OF SERVICE Returned Executed filed by Google Inc. sent on 2/4/2009, answer due 4/6/2009. (cv, COURT STAFF) (Filed on 3/23/2009)
March 31, 200943STIPULATION CONTINUING DEADLINE FOR FILING THE CONSOLIDATED AMENDED COMPLAINT AND DEFENDANTS RESPONSE TO CONSOLIDATED AMENDED COMPLAINT by Hal K. Levitte. (Jonckheer, Willem) (Filed on 3/31/2009)
April 3, 200944Court Opinion or Order STIPULATION AND ORDER CONTINUING DEADLINE FOR FILING THE CONSOLIDATED AMENDED COMPLAINT AND DEFENDANTS RESPONSE TO CONSOLIDATED AMENDED COMPLAINT re 43 Stipulation. Consolidated Amended Complaint due 4/24/2009. Consolidated Amended Answer due 5/18/2009. Signed by Judge James Ware on 4/3/2009. (ecg, COURT STAFF) (Filed on 4/3/2009)
April 24, 200945CONSOLIDATED AMENDED CLASS ACTION COMPLAINT for Violation of California Business & Professions Code Section 17200 et seq. and 17500 et seq. and Unjust Enrichment against all defendants. Filed by Hal K. Levitte. (Jonckheer, Willem) (Filed on 4/24/2009) Modified on 7/28/2009 (cv, COURT STAFF).
May 18, 200946Defendant Google Inc.'s ANSWER to Amended Complaint and, COUNTERCLAIM against JIT Packaging, Inc. byGoogle Inc.. (Attachments: # 1 Exhibit 1)(Norton, Leo) (Filed on 5/18/2009)
June 8, 200947STIPULATION Pursuant to Local Rule 6-1(a) Continuing JIT Packaging, Inc.'s Response To Defendant Google, Inc.'s Counterclaim by Hal K. Levitte. (Jonckheer, Willem) (Filed on 6/8/2009) Modified on 6/11/2009 (cv, COURT STAFF).
July 10, 200948STIPULATION and Order Dismissing Plaintiffs' Unjust Enrichment Claim and Defendant Google Inc.'s Counterclaim and Striking Plaintiffs' Jury Demand by Google Inc.. (Norton, Leo) (Filed on 7/10/2009)
July 16, 200949Court Opinion or Order STIPULATION AND ORDER Dismissing Plaintiffs' Unjust Enrichment Claim and Defendant Google Inc.'s Counterclaim and Striking Plaintiffs' Jury Demand by Google Inc re 48 Stipulation; Finding as Moot 47 Stipulation. Signed by Judge James Ware on 7/16/2009. (ecg, COURT STAFF) (Filed on 7/16/2009)
July 27, 200950MOTION to Relate Case C09-3414 JL by Bolaji Olabode (Terrell, Reginald) (Filed on 7/27/2009) Modified on 7/28/2009,(counsel used incorrect event.) (cv, COURT STAFF).
July 27, 200951NOTICE of Appearance by Reginald Von Terrell in case number C09-3414 JL Olabode v. Google Inc. (Terrell, Reginald) (Filed on 7/27/2009) Modified text on 7/28/2009 (cv, COURT STAFF).
August 3, 200952Court Opinion or Order ORDER by Judge James Ware denying 50 Motion to Relate Case (jwlc1, COURT STAFF) (Filed on 8/3/2009)
August 21, 200953Court Opinion or Order ORDER RELATING CASE C08-3369 JW and C09-3414 JL. It is further ordered THAT THIS ORDER VACATES the previous 52 Order Denying Motion to Relate Cases. Create association to 3:09-cv-03414-JL. Signed by Judge James Ware on 8/21/2009. CLERK'S NOTICE As to case number C09-3414 JL, the court vacates the previous case management conference and and resets it to coordinate with the consolidated action on 9/14/09 at 10:00am. The Parties are to file a joint case management conference statement by 9/4/09.(ecg, COURT STAFF) (Filed on 8/21/2009) Modified text on 8/21/2009 (cv, COURT STAFF). Modified on 8/25/2009 (cv, COURT STAFF). Modified on 8/25/2009 (cv, COURT STAFF). Modified text re CMC time on 8/26/2009 (ecg, COURT STAFF).
August 22, 200954NOTICE of Appearance by Reginald Von Terrell (Terrell, Reginald) (Filed on 8/22/2009)
August 28, 200955NOTICE of Appearance by Sarah Ruth Boot (Boot, Sarah) (Filed on 8/28/2009)
August 31, 200956STIPULATION re: Expert Witness Discovery Order by Google Inc.. (Boot, Sarah) (Filed on 8/31/2009)
August 31, 200957STIPULATION re: Protective Order by Google Inc.. (Boot, Sarah) (Filed on 8/31/2009)
August 31, 200958STIPULATED PROTECTIVE ORDER RE: 57 (rslc2, COURT STAFF) (Filed on 8/31/2009)
August 31, 200959STIPULATION Stipulation and [Proposed] Order Modifying Class Discovery And Expert Disclosure Schedule by Hal K. Levitte. (Jonckheer, Willem) (Filed on 8/31/2009)
September 4, 200960CASE MANAGEMENT STATEMENT Joint Case Management Conference Statement filed by Hal K. Levitte. (Jonckheer, Willem) (Filed on 9/4/2009)
September 4, 200961Proposed Order [Plaintiffs' Proposed] Order Setting Class Certification Briefing Schedule by Hal K. Levitte. (Jonckheer, Willem) (Filed on 9/4/2009)
September 9, 200962Proposed Order re 60 Case Management Statement Setting Expert Disclosure Schedule by Google Inc.. (Boot, Sarah) (Filed on 9/9/2009)
September 14, 200963Minute Entry: Further Case Management Conference held on 9/14/2009 before Judge James Ware (Date Filed: 9/14/2009), Initial Case Management Conference held on 9/14/2009 before Judge James Ware (Date Filed: 9/14/2009). Deadlines set in 08-cv-03369-JW "In re Google AdWords Litigation: Close of All Discovery as to Class Certification due 5/24/2010. Deadline to file Motion for Class Certificcation on or before 7/9/2010. Motion Hearing for Class Certification set for 9/20/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. The Court to issue further Order following conference.(Court Reporter Unreported.) (ecg, COURT STAFF) (Date Filed: 9/14/2009)
September 15, 200964NOTICE of Appearance by Claudia Edith Candelas (Candelas, Claudia) (Filed on 9/15/2009)
September 17, 200965Court Opinion or Order ORDER FOLLOWING CASE MANAGEMENT CONFERENCE. On or before 9/21/2009, the parties from both actions shall file the appropriate Stipulation to consolidate the Olabode action with the In re Google Adwords Litigation. Please see Order for further specifics as to Class Certification briefing in 5:08-cv-03369-JW "In re Google AdWords Litigation." Also, finding as MOOT re (56, 59 in 5:08-cv-03369-JW) Stipulation. Signed by Judge James Ware on 9/14/2009. (ecg, COURT STAFF) (Filed on 9/17/2009) Modified on 9/22/2009 (sp, COURT STAFF). Modified docket text on 9/28/2009 (ecg, COURT STAFF).
September 21, 200966MOTION to Consolidate Cases and [Proposed] Order Consolidating Olabode v. Google, Inc., No. 09-3414 Into In re Google AdWords Litigation, No. 08-3369 by Hal K. Levitte. (Jonckheer, Willem) (Filed on 9/21/2009) Modified on 9/22/2009,(Incorrect event selected. Correct event to be used is Motion.) (cv, COURT STAFF).
October 2, 200967Court Opinion or Order ORDER Granting Motion to Consolidate Cases in case (66) 5:08-cv-03369-JW . Signed by Judge James Ware on 10/2/2009. (jwlc1, COURT STAFF) (Filed on 10/2/2009) Modified on 10/20/2009 (sp, COURT STAFF). Modified docket text re formatting on 11/5/2009 (ecg, COURT STAFF).
October 27, 200968ADR Clerk's Notice Setting ADR Phone Conference on 11/4/2009 at 10:00 a.m. Plaintiff's counsel should initiate the call. (cmf, COURT STAFF) (Filed on 10/27/2009)
October 30, 200969ADR Clerk's Notice rescheduling ADR Phone Conference for 11:00 a.m. on 11/4/2009. Plaintiff's counsel should initiate the call. (cmf, COURT STAFF) (Filed on 10/30/2009)
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