Gomelsky v. Apple, Inc.
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| Plaintiff: | Giorgio Gomelsky |
|---|---|
| Defendant: | Apple, Inc. |
| Case Number: | 5:2008cv04969 |
| Filed: | October 30, 2008 |
| Court: | California Northern District Court |
| Office: | Contract Product Liability Office [ Court Info ] |
| County: | Santa Clara |
| Presiding Judge: | Hon. Jeremy Fogel |
| Presiding Judge: | Magistrate Judge Patricia V. Trumbull |
| Referring Judge: | Magistrate Judge Patricia V. Trumbull |
| Nature of Suit: | Contract - Contract Product Liability |
| Cause: | Diversity |
| Jurisdiction: | Diversity |
| Jury Demanded By: | 28:1331 Fed. Question |
Available Case Documents
Some selected documents for this case are included below.
| Date Filed | # | Document Text |
|---|---|---|
| October 30, 2008 | 1 | *FILED IN ERROR* Please see document number 7 for correct pdf document. COMPLAINT against Apple, Inc. ( Filing fee $ 350, receipt number 54611004128.). Filed byGiorgio Gomelsky. (srm, COURT STAFF) (Filed on 10/30/2008) (srm, COURT STAFF). Modified on 10/31/2008 (srm, COURT STAFF). |
| October 30, 2008 | 2 | Summons Issued as to Apple, Inc.. (srm, COURT STAFF) (Filed on 10/30/2008) |
| October 30, 2008 | 3 | Certification of Interested Entities or Persons by Giorgio Gomelsky (srm, COURT STAFF) (Filed on 10/30/2008) (srm, COURT STAFF).Text modified on 11/5/2008 (bw, COURT STAFF). |
| October 31, 2008 | 4 | CERTIFICATE OF SERVICE by Giorgio Gomelsky NOTICE OF FILING PROOF OF SERVICE OF SUMMONS AND CLASS ACTION COMPLAINT (Crowther, Robyn) (Filed on 10/31/2008) |
| October 30, 2008 | 5 |  ADR SCHEDULING ORDER: Case Management Statement due by 3/3/2009. Case Management Conference set for 3/10/2009 02:00 PM.. Signed by Judge Trumbull on 10/30/08. (Attachments: # 1 CM Standing Order, # 2 Judge Trumbull's Standing Order, # 3 Standing Order)(srm, COURT STAFF) (Filed on 10/30/2008) |
| October 30, 2008 | 6 | Application for Admission of Attorney Jerome Noll Pro Hac Vice ( Filing fee $ 210, receipt number 54611004130.) filed by Giorgio Gomelsky. (Attachments: # 1 Proposed Order)(srm, COURT STAFF) (Filed on 10/30/2008) Text modified on 11/5/2008 (bw, COURT STAFF). |
| October 30, 2008 | 7 | CLASS ACTION COMPLAINT (Summons Issued); jury demand; against Apple, Inc. ( Filing fee $ 350, receipt number 54611004128). Filed by Giorgio Gomelsky. (Attachments: # 1 part 2)(srm, COURT STAFF) (Filed on 10/30/2008) Text modified on 11/5/2008 (bw, COURT STAFF). |
| October 30, 2008 | 8 | Application for Admission of Attorney Jeffrey I. Carton Pro Hac Vice ( Filing fee $ 210, receipt number 54611004129) filed by Giorgio Gomelsky. (Attachments: # 1 Proposed Order)(srm, COURT STAFF) (Filed on 10/30/2008) Text modified on 11/5/2008 (bw, COURT STAFF). |
| October 30, 2008 | 9 | (Proposed) Order Granting Application to for Admission of Attorney Jerome Noll Pro Hac Vice re 6 ( Filing fee $ 210, receipt number 54611004130.) by Giorgio Gomelsky. (bw, COURT STAFF) (Filed on 10/30/2008) |
| October 30, 2008 | 10 | (Proposed) Order Granting Application of Admission of Attorney Jeffrey Carton Pro HaC vICE re 8 by Giorgio Gomelsky. (bw, COURT STAFF) (Filed on 10/30/2008) |
| November 6, 2008 | 11 | STIPULATION Extending Defendant's Time To Respond To Complaint ( 1 ) by Apple, Inc. (Klestoff, Alexei) (Filed on 11/6/2008) Linkage added on 11/7/2008 (bw, COURT STAFF). |
| November 6, 2008 | 12 | ORDER by Judge Patricia V. Trumbull Granting 6 Application for Admission of Attorney (Noll) Pro Hac Vice. (pvtlc1) (Filed on 11/6/2008) |
| November 6, 2008 | 13 | ORDER by Judge Patricia V. Trumbull Granting 8 Application for Admission of Attorney (Carton) Pro Hac Vice. (pvtlc1) (Filed on 11/6/2008) |
| December 15, 2008 | 14 | Declination to Proceed Before a U.S. Magistrate Judge and Request for Reassignment to a U.S. District Judgeby Apple, Inc. (Preovolos, Penelope) (Filed on 12/15/2008) Text modified on 12/16/2008 (bw, COURT STAFF). |
| December 16, 2008 | 15 | CLERKS NOTICE OF IMPENDING REASSIGNMENT. Case Management Conference set for 3/13/2008 10:30 AM Before Honorable Jeremy Fogel. Case Management Statement due by 3/6/2009. (cm, COURT STAFF) (Filed on 12/16/2008) |
| December 16, 2008 | 16 | ORDER REASSIGNING CASE. Case reassigned to District Judge Jeremy Fogel for all further proceedings and Magistrate Judge Patricia V. Trumbull for all discovery matters. Signed by The Executive Committee on 12/16/08. (tsh, COURT STAFF) (Filed on 12/16/2008) (Additional attachment(s) added on 12/16/2008: # 1 Certificate of Service) (tsh, COURT STAFF). |
| December 22, 2008 | 17 | MOTION to Dismiss and to Strike filed by Apple, Inc.. Motion Hearing set for 2/20/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Preovolos, Penelope) (Filed on 12/22/2008) |
| December 22, 2008 | 18 | Brief re 17 MOTION to Dismiss and to Strike ; Memorandum of Points and Authorities in Support of Motion filed byApple, Inc.. (Related document(s) 17 ) (Preovolos, Penelope) (Filed on 12/22/2008) |
| December 22, 2008 | 19 | Request for Judicial Notice re 17 MOTION to Dismiss and to Strike filed byApple, Inc.. (Related document(s) 17 ) (Preovolos, Penelope) (Filed on 12/22/2008) |
| December 22, 2008 | 20 | Declaration of Anne M. Hunter in Support of 17 MOTION to Dismiss and to Strike filed byApple, Inc.. (Attachments: # 1 Exhibit A)(Related document(s) 17 ) (Preovolos, Penelope) (Filed on 12/22/2008) |
| December 22, 2008 | 21 | Proposed Order re 17 MOTION to Dismiss and to Strike by Apple, Inc.. (Preovolos, Penelope) (Filed on 12/22/2008) |
| December 22, 2008 | 22 | CERTIFICATE OF SERVICE by Apple, Inc. re 17 MOTION to Dismiss and to Strike (Preovolos, Penelope) (Filed on 12/22/2008) |
| December 22, 2008 | 23 | Certificate of Interested Entities by Apple, Inc. (Preovolos, Penelope) (Filed on 12/22/2008) |
| December 22, 2008 | 24 | CERTIFICATE OF SERVICE by Apple, Inc. re 23 Certificate of Interested Entities (Preovolos, Penelope) (Filed on 12/22/2008) |
| January 21, 2009 | 25 | Renotice motion hearing re Apple Inc.'s Amended Notice of Motion to Dismiss and to Strike filed byApple, Inc.. Motion Hearing set for 3/6/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Preovolos, Penelope) (Filed on 1/21/2009) |
| January 29, 2009 | 26 | STIPULATION AND PROPOSED ORDER by Giorgio Gomelsky. (Crowther, Robyn) (Filed on 1/29/2009) |
| February 2, 2009 | 27 | STIPULATION AND ORDER (approving docket no. 26 ). The Motion Hearing set on 3/6/09 is VACATED. Signed by Judge Jeremy Fogel on 1/30/09. (jflc2, COURT STAFF) (Filed on 2/2/2009) |
| February 25, 2009 | 28 | STIPULATION by Giorgio Gomelsky. (Crowther, Robyn) (Filed on 2/25/2009) |
| February 26, 2009 | 29 | STIPULATION AND ORDER (approving 28 ). The Case Management Conference set for 3/13/09 is CONTINUED to 6/19/2009 at 10:30 AM. Signed by Judge Jeremy Fogel on 2/26/09. (jflc2, COURT STAFF) (Filed on 2/26/2009) |
| April 2, 2009 | 30 | AMENDED COMPLAINT FIRST AMENDED CLASS ACTION COMPLAINT; DEMAND FOR JURY TRIAL against Apple, Inc.. Filed byGiorgio Gomelsky. (Attachments: # 1 FIRST AMENDED CERTIFICATE OF INTERESTED ENTITIES OR PERSONS)(Crowther, Robyn) (Filed on 4/2/2009) |
| April 3, 2009 | 31 | MOTION for leave to appear in Pro Hac Vice for attorney Christine McAteer Ford ( Filing fee $ 210, receipt number 54611005028.) filed by Giorgio Gomelsky. (Attachments: # 1 Proposed Order)(srm, COURT STAFF) (Filed on 4/3/2009) |
| April 14, 2009 | 32 | ORDER by Judge Jeremy Fogel granting 31 Motion for Pro Hac Vice for Christine McAteer Ford (dlm, COURT STAFF) (Filed on 4/14/2009) |
| April 16, 2009 | 33 | MOTION to Relate Case filed by Deborah J. Vail. (Attachments: # 1 Proposed Order Relating Cases)(Gibbs, Eric) (Filed on 4/16/2009) |
| April 16, 2009 | 34 | Declaration of Eric H. Gibbs in Support of 33 MOTION to Relate Case filed byDeborah J. Vail. (Related document(s) 33 ) (Gibbs, Eric) (Filed on 4/16/2009) |
| April 30, 2009 | 35 | ORDER RELATING CASES. Signed by Judge Jeremy Fogel on 4/20/09. (dlm, COURT STAFF) (Filed on 4/30/2009) |
| May 1, 2009 | 36 | ASSOCIATION of Counsel by Apple, Inc.. (Muhlbach, Andrew) (Filed on 5/1/2009) |
| June 1, 2009 | 37 | ADR Clerks Notice re: Non-Compliance with Court Order. (tjs, COURT STAFF) (Filed on 6/1/2009) |
| June 1, 2009 | 38 | MOTION to Dismiss filed by Apple, Inc.. Motion Hearing set for 8/14/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Preovolos, Penelope) (Filed on 6/1/2009) |
| June 1, 2009 | 39 | Brief re 38 MOTION to Dismiss filed byApple, Inc.. (Related document(s) 38 ) (Preovolos, Penelope) (Filed on 6/1/2009) |
| June 1, 2009 | 40 | Declaration of Alexei Klestoff in Support of 38 MOTION to Dismiss filed byApple, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 38 ) (Preovolos, Penelope) (Filed on 6/1/2009) |
| June 1, 2009 | 41 | Request for Judicial Notice re 38 MOTION to Dismiss filed byApple, Inc.. (Related document(s) 38 ) (Preovolos, Penelope) (Filed on 6/1/2009) |
| June 1, 2009 | 42 | Proposed Order re 38 MOTION to Dismiss by Apple, Inc.. (Preovolos, Penelope) (Filed on 6/1/2009) |
| June 3, 2009 | 43 | ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Preovolos, Penelope) (Filed on 6/3/2009) |
| June 3, 2009 | 44 | NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Preovolos, Penelope) (Filed on 6/3/2009) |
| June 5, 2009 | 45 | STIPULATION AND [PROPOSED] ORDER REQUESTING CONTINUANCE OF CASE MANAGEMENT CONFERENCE by Andrew Personette, Earl Simpson, Laura Miller, Deborah J. Vail, Giorgio Gomelsky, Reuben Berenblat. (Crowther, Robyn) (Filed on 6/5/2009) |
| June 5, 2009 | 46 | NOTICE of Substitution of Counsel by Eric S. Pettit (Pettit, Eric) (Filed on 6/5/2009) |
| June 9, 2009 | 47 | STIPULATION AND ORDER REQUESTING CONTINUANCE OF CASE MANAGEMENT CONFERENCE (approving 45 ). The Case Management Conference set for 6/19/2009 is CONTINUED to 8/14/2009 at 9:00 AM immediately following the hearing on the Motion To Dismiss set on that date. Signed by Judge Jeremy Fogel on 6/9/2009. (jflc2, COURT STAFF) (Filed on 6/9/2009) |
| July 10, 2009 | 48 | MEMORANDUM in Opposition re 38 MOTION to Dismiss PLAINTIFFS' MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO APPLE INC.'S MOTION TO DISMISS filed byReuben Berenblat, Giorgio Gomelsky, Laura Miller, Andrew Personette, Earl Simpson, Deborah J. Vail. (Related document(s) 38 ) (Crowther, Robyn) (Filed on 7/10/2009) |
| July 23, 2009 | 49 | ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Crowther, Robyn) (Filed on 7/23/2009) |
| July 29, 2009 | 50 | ADR Clerks Notice Setting ADR Phone Conference on 8/10/09 at 10:30 a.m. Please take note that plaintiff's counsel initiates the call to all parties. (sgd, COURT STAFF) (Filed on 7/29/2009) |
| July 31, 2009 | 51 | Reply to Opposition re 38 MOTION to Dismiss filed byApple, Inc.. (Preovolos, Penelope) (Filed on 7/31/2009) |
| July 31, 2009 | 52 | CASE MANAGEMENT STATEMENT JOINT CASE MANAGEMENT STATEMENT filed by Reuben Berenblat, Laura Miller, Andrew Personette, Earl Simpson. (Crowther, Robyn) (Filed on 7/31/2009) |
| August 14, 2009 | 53 | Minute Entry: Motion Hearing held on 8/14/2009 before Judge Jeremy Fogel (Date Filed: 8/14/2009) re (21 in 5:09-cv-01649-JF) MOTION to Dismiss filed by Apple, Inc., (38 in 5:08-cv-04969-JF) MOTION to Dismiss filed by Apple, Inc. The motions are taken under submission. Initial Case Management Conference held on 8/14/2009 before Judge Jeremy Fogel (Date Filed: 8/14/2009). Further Case Management Conference set for 11/13/2009 10:30 AM. (Court Reporter Summer Clanton.) (dlm, COURT STAFF) (Date Filed: 8/14/2009) |
| August 21, 2009 | 54 | ORDER by Judge Jeremy Fogel granting (38) Motion to Dismiss in case 5:08-cv-04969-JF; granting (21) Motion to Dismiss in case 5:09-cv-01649-JF (jflc1, COURT STAFF) (Filed on 8/21/2009) |
| September 21, 2009 | 55 | AMENDED COMPLAINT (SECOND) against Apple, Inc.. Filed byAndrew Personette, Reuben Berenblat, Laura Miller, Earl Simpson. (Crowther, Robyn) (Filed on 9/21/2009) |
| October 5, 2009 | 56 | STIPULATION Extending Defendant's Time to Respond to Second Amended Complaint by Apple, Inc.. (Preovolos, Penelope) (Filed on 10/5/2009) |
| October 7, 2009 | 57 | STIPULATION AND ORDER EXTENDING DEFENDANT'S TIME TO RESPOND TO SECOND AMENDED COMPLAINT re (56 in 5:08-cv-04969-JF), (39 in 5:09-cv-01649-JF). Signed by Judge Jeremy Fogel on 10/6/09. (dlm, COURT STAFF) (Filed on 10/7/2009) |
| November 5, 2009 | 58 | MOTION to Dismiss APPLE INC.S NOTICE OF MOTION AND MOTION TO DISMISS THE SECOND AMENDED COMPLAINT filed by Apple, Inc.. Motion Hearing set for 2/5/2010 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Preovolos, Penelope) (Filed on 11/5/2009) |
| November 5, 2009 | 59 | Brief re 58 MOTION to Dismiss APPLE INC.S NOTICE OF MOTION AND MOTION TO DISMISS THE SECOND AMENDED COMPLAINT APPLE INC.S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION TO DISMISS THE SECOND AMENDED COMPLAINT filed byApple, Inc.. (Related document(s) 58 ) (Preovolos, Penelope) (Filed on 11/5/2009) |
| November 5, 2009 | 60 | Declaration of Alexei Klestoff in Support of 58 MOTION to Dismiss APPLE INC.S NOTICE OF MOTION AND MOTION TO DISMISS THE SECOND AMENDED COMPLAINT, 59 Brief, filed byApple, Inc.. (Attachments: # 1 Exhibit A)(Related document(s) 58 , 59 ) (Preovolos, Penelope) (Filed on 11/5/2009) |
| November 5, 2009 | 61 | Request for Judicial Notice re 60 Declaration in Support, 58 MOTION to Dismiss APPLE INC.S NOTICE OF MOTION AND MOTION TO DISMISS THE SECOND AMENDED COMPLAINT, 59 Brief, REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF APPLE INC.S MOTION TO DISMISS THE SECOND AMENDED COMPLAINT filed byApple, Inc.. (Related document(s) 60 , 58 , 59 ) (Preovolos, Penelope) (Filed on 11/5/2009) |
| November 5, 2009 | 62 | Proposed Order re 60 Declaration in Support, 61 Request for Judicial Notice, 58 MOTION to Dismiss APPLE INC.S NOTICE OF MOTION AND MOTION TO DISMISS THE SECOND AMENDED COMPLAINT, 59 Brief, [PROPOSED] ORDER GRANTING APPLE INC.S MOTION TO DISMISS THE SECOND AMENDED COMPLAINT by Apple, Inc.. (Preovolos, Penelope) (Filed on 11/5/2009) |
| November 9, 2009 | 63 | STIPULATION and [Proposed] Order Requesting Continuance of Case Management Conference by Reuben Berenblat, Laura Miller, Andrew Personette, Earl Simpson. (Crowther, Robyn) (Filed on 11/9/2009) |
| November 12, 2009 | 64 | STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE re (63 in 5:08-cv-04969-JF), (46 in 5:09-cv-01649-JF). Case Management Conference continued to 2/5/2010 09:00 AM, to be heard with the motion, in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 11/12/09. (dlm, COURT STAFF) (Filed on 11/12/2009) |
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| Plaintiff: Giorgio Gomelsky | |
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| Defendant: Apple, Inc. | |
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