Some selected documents for this case are included below.
| Date Filed | # | Document Text |
|---|
| December 31, 2008 | 1 | CLASS ACTION COMPLAINT (SUMMONS ISSUED); jury demand; against Apple, Inc. ( Filing fee $ 350, receipt number 54611004458). Filed by Aram Hovsepian. (Attachments: # 1 Civil Cover Sheet) (bw, COURT STAFF) (Filed on 12/31/2008) |
| December 31, 2008 | 2 | ADR SCHEDULING ORDER: Case Management Statement due by 5/5/2009. Case Management Conference set for 5/12/2009 02:00 PM. (bw, COURT STAFF) (Filed on 12/31/2008) |
| December 31, 2008 | 3 | Summons Issued as to Apple, Inc. (bw, COURT STAFF) (Filed on 12/31/2008) |
| January 23, 2009 | 4 | NOTICE of Appearance by Brian J. Devine and Kenneth M. Seeger (Devine, Brian) (Filed on 1/23/2009) |
| January 23, 2009 | 5 | Declination to Proceed Before a U.S. Magistrate Judge and Request for Reassignment to a United States District Judge by Aram Hovsepian. (Devine, Brian) (Filed on 1/23/2009) Text modified on 1/26/2009 (bw, COURT STAFF). |
| January 26, 2009 | 6 | CLERKS NOTICE OF IMPENDING REASSIGNMENT. Case Management Conference set for 5/15/2009 10:30 AM Before the Honorable Jeremy Fogel. Case Management Statement due by 5/8/2009. (cm, COURT STAFF) (Filed on 1/26/2009) |
| January 26, 2009 | 7 |  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 01/26/09. (tsh, COURT STAFF) (Filed on 1/26/2009) (Additional attachment(s) added on 1/28/2009: # 1 Certificate of Service) (tsh, COURT STAFF). |
| February 11, 2009 | 8 | STIPULATION to Extend Deadline to File Response to Complaint by Apple, Inc.. (Kissman, Tammy) (Filed on 2/11/2009) |
| February 12, 2009 | 9 | MOTION for Attorney Michael J. Lotus for leave to appear in Pro Hac Vice ( Filing fee $ 210.00, receipt number 34611028840.) filed by Aram Hovsepian. (gm, COURT STAFF) (Filed on 2/12/2009) |
| February 12, 2009 | 10 | Proposed Order re 9 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210.00, receipt number 34611028840.) by Aram Hovsepian. (gm, COURT STAFF) (Filed on 2/12/2009) |
| February 12, 2009 | 11 | MOTION for Attorney George K. Lang for leave to appear in Pro Hac Vice ( Filing fee $ 210.00, receipt number 34611028839.) filed by Aram Hovsepian. (gm, COURT STAFF) (Filed on 2/12/2009) |
| February 12, 2009 | 12 | Proposed Order re 11 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210.00, receipt number 34611028839.) by Aram Hovsepian. (gm, COURT STAFF) (Filed on 2/12/2009) |
| February 27, 2009 | 13 | MOTION to Dismiss Defendant Apple Inc.'s Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities in Support Thereof filed by Apple, Inc.. Motion Hearing set for 4/24/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Proposed Order)(Counts, Thomas) (Filed on 2/27/2009) |
| February 27, 2009 | 14 | MOTION to Strike 1 Complaint Defendant Apple Inc.'s Notice of Motion and Motion to Strike Class Allegations from Plaintiff's Complaint; Memorandum of Points and Authorities in Support Thereof filed by Apple, Inc.. Motion Hearing set for 4/24/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Proposed Order)(Counts, Thomas) (Filed on 2/27/2009) |
| February 27, 2009 | 15 | Request for Judicial Notice re 14 MOTION to Strike 1 Complaint Defendant Apple Inc.'s Notice of Motion and Motion to Strike Class Allegations from Plaintiff's Complaint; Memorandum of Points and Authorities in Support Thereof MOTION to Strike 1 Complaint Defendant Apple Inc.'s Notice of Motion and Motion to Strike Class Allegations from Plaintiff's Complaint; Memorandum of Points and Authorities in Support Thereof, 13 MOTION to Dismiss Defendant Apple Inc.'s Notice of Motion and Motion to Dismiss; Memorandum of Points and Authorities in Support Thereof Defendant Apple Inc.'s Request for Judicial Notice in Support of Its Motion to Dismiss and Motion to Strike filed byApple, Inc.. (Related document(s) 14 , 13 ) (Counts, Thomas) (Filed on 2/27/2009) |
| February 27, 2009 | 16 | Declaration of T. Lee Kissman in Support of 15 Request for Judicial Notice,,, filed byApple, Inc.. (Attachments: # 1 Exhibit A)(Related document(s) 15 ) (Counts, Thomas) (Filed on 2/27/2009) |
| March 3, 2009 | 17 | ORDER by Judge Jeremy Fogel granting 9 Motion for Pro Hac Vice for Michael J. Lotus (dlm, COURT STAFF) (Filed on 3/3/2009) |
| March 3, 2009 | 18 | ORDER by Judge Jeremy Fogel granting 11 Motion for Pro Hac Vice for George K. Lang (dlm, COURT STAFF) (Filed on 3/3/2009) |
| April 3, 2009 | 19 | STIPULATION and [Proposed] Order for Extension of Time for Plaintiff to File Amended Complaint in Lieu of Opposition to Defendant's Motion to Dismiss, and for Defendant to File Responsive Pleading to Plaintiff's Amended Complaint by Aram Hovsepian. (Shub, Jonathan) (Filed on 4/3/2009) |
| April 3, 2009 | 20 | CERTIFICATE OF SERVICE by Aram Hovsepian re 19 Stipulation, (Shub, Jonathan) (Filed on 4/3/2009) |
| April 9, 2009 | 21 | STIPULATION AND ORDER for Extension of Time for Plaintiff to File Amended Complaint in Lieu of Opposition to Defendant's Motion to Dismiss, and for Defendant to File Responsive Pleading to Plaintiff's Amended Complaint re 19 . The Motion to Dismiss hearing set on 4/24/2009 is vacated. Signed by Judge Jeremy Fogel on 4/9/09. (dlm, COURT STAFF) (Filed on 4/9/2009) |
| April 17, 2009 | 22 | AMENDED COMPLAINT against all defendants. Filed byAram Hovsepian. (Attachments: # 1 Affidavit of Aram Hovsepian)(Shub, Jonathan) (Filed on 4/17/2009) |
| May 6, 2009 | 23 | ADR Clerks Notice re: Non-Compliance with Court Order. (tjs, COURT STAFF) (Filed on 5/6/2009) |
| May 8, 2009 | 24 | Unopposed Administrative MOTION to Have Cases Related (C09-1064RS) filed by Apple, Inc. Motion Hearing set for 5/15/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Counts, Thomas) (Filed on 5/8/2009) Text Modified on 5/12/2009 (bw, COURT STAFF). |
| May 8, 2009 | 25 | STIPULATION and (Proposed) Order to Have Cases Related (C09-1064RS) re 24 by Apple, Inc. (Counts, Thomas) (Filed on 5/8/2009) Text modified on 5/12/2009 (bw, COURT STAFF). |
| May 8, 2009 | 26 | Certification of Interested Entities or Persons by Apple, Inc. (Counts, Thomas) (Filed on 5/8/2009) Text modified on 5/12/2009 (bw, COURT STAFF). |
| May 11, 2009 | 27 | JOINT Rule 26(f) Report filed by Apple, Inc. (Counts, Thomas) (Filed on 5/11/2009) Text modified on 5/12/2009 conforming to posted document caption; incorrect even type used when posting document (bw, COURT STAFF). |
| May 12, 2009 | 28 | ORDER by Judge Jeremy Fogel granting 24 Motion to Relate Case Number CV-09-1064-JF (dlm, COURT STAFF) (Filed on 5/12/2009) |
| May 12, 2009 | 29 | Certification of Interested Entities or Persons by Aram Hovsepian (Shub, Jonathan) (Filed on 5/12/2009) Text modified on 5/13/2009 (bw, COURT STAFF). |
| May 12, 2009 | 30 | PROOF OF SERVICE 29 Certification of Interested Entities or Persons by Aram Hovsepian (Shub, Jonathan) (Filed on 5/12/2009) Modified on 5/13/2009 (bw, COURT STAFF). |
| May 14, 2009 | 31 | STIPULATION and (Proposed) Order selecting Early Neutral Evaluation by Apple, Inc. (Counts, Thomas) (Filed on 5/14/2009) Modified on 5/14/2009 (bw, COURT STAFF). |
| May 14, 2009 | 32 | ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Attachments: # 1 Proof of Service)(Shub, Jonathan) (Filed on 5/14/2009) |
| May 15, 2009 | 33 | Minute Entry: Initial Case Management Conference held on 5/15/2009 before Judge Jeremy Fogel (Date Filed: 5/15/2009). Further Case Management Conference set for 8/14/2009 10:30 AM. The Court defers ENE until motions are heard. (Court Reporter Summer Clanton.) (dlm, COURT STAFF) (Date Filed: 5/15/2009) |
| May 15, 2009 | 34 | STIPULATION AND ORDER re 31 Selecting ADR Process, Case referred to early neutral evaluation. Signed by Judge Jeremy Fogel on 5/15/09. (dlm, COURT STAFF) (Filed on 5/15/2009) |
| June 1, 2009 | 35 | MOTION to Dismiss Defendant Apple Inc.'s Notice of Motion and Motion to Dismiss Amended Class Action Complaint; Memorandum of Points and Authorities in Support Thereof filed by Apple, Inc.. Motion Hearing set for 7/24/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Proposed Order)(Counts, Thomas) (Filed on 6/1/2009) |
| June 1, 2009 | 36 | MOTION to Strike 22 Amended Complaint Defendant Apple Inc.'s Notice of Motion and Motion to Strike Class Allegations From Plaintiff's Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by Apple, Inc.. Motion Hearing set for 7/24/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Proposed Order)(Counts, Thomas) (Filed on 6/1/2009) |
| June 1, 2009 | 37 | Request for Judicial Notice re 36 MOTION to Strike 22 Amended Complaint Defendant Apple Inc.'s Notice of Motion and Motion to Strike Class Allegations From Plaintiff's Amended Complaint; Memorandum of Points and Authorities in Support Thereof MOTION to Strike 22 Amended Complaint Defendant Apple Inc.'s Notice of Motion and Motion to Strike Class Allegations From Plaintiff's Amended Complaint; Memorandum of Points and Authorities in Support Thereof, 35 MOTION to Dismiss Defendant Apple Inc.'s Notice of Motion and Motion to Dismiss Amended Class Action Complaint; Memorandum of Points and Authorities in Support Thereof filed byApple, Inc.. (Related document(s) 36 , 35 ) (Counts, Thomas) (Filed on 6/1/2009) |
| June 1, 2009 | 38 | Declaration of Eric A. Long in Support of 37 Request for Judicial Notice,,, filed byApple, Inc.. (Attachments: # 1 Exhibit A)(Related document(s) 37 ) (Counts, Thomas) (Filed on 6/1/2009) |
| June 2, 2009 | 39 | ADR Clerk's Notice Appointing David T. Alexander as ENE Evaluator. (cmf, COURT STAFF) (Filed on 6/2/2009) |
| July 6, 2009 | 40 | Memorandum in Opposition re 36 MOTION to Strike 22 Amended Complaint Defendant Apple Inc.'s Notice of Motion and Motion to Strike Class Allegations From Plaintiff's Amended Complaint; Memorandum of Points and Authorities in Support Thereof MOTION to Strike 22 Amended Complaint Defendant Apple Inc.'s Notice of Motion and Motion to Strike Class Allegations From Plaintiff's Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed byAram Hovsepian. (Shub, Jonathan) (Filed on 7/6/2009) |
| July 6, 2009 | 41 | Memorandum in Opposition re 35 MOTION to Dismiss Defendant Apple Inc.'s Notice of Motion and Motion to Dismiss Amended Class Action Complaint; Memorandum of Points and Authorities in Support Thereof filed byAram Hovsepian. (Shub, Jonathan) (Filed on 7/6/2009) |
| July 7, 2009 | 42 | STIPULATION and [Proposed] Order to Extend Deadline for Defendant Apple Inc. to File Reply Briefs in Support of It's Motion to Strike and Motion to Dismiss by Apple, Inc.. (Counts, Thomas) (Filed on 7/7/2009) |
| July 13, 2009 | 43 | Defendant Apple Inc.'s Reply Brief in Support of 36 Motion to Strike Class Allegations From Plaintiff's Amended Complaint filed byApple, Inc.. (Counts, Thomas) (Filed on 7/13/2009) Modified on 7/14/2009 (gm, COURT STAFF). |
| July 13, 2009 | 44 | Defendant Apple Inc.'s Reply Brief in Support of 35 Motion to Dismiss Amended Complaint filed byApple, Inc.. (Counts, Thomas) (Filed on 7/13/2009) Modified on 7/14/2009 (gm, COURT STAFF). |
| July 15, 2009 | 45 | STIPULATION and [PROPOSED] ORDER TO MOVE HEARING ON APPLES MOTION TO DISMISS AND MOTION TO STRIKE by Aram Hovsepian. (Shub, Jonathan) (Filed on 7/15/2009) |
| July 16, 2009 | 46 | STIPULATION AND ORDER TO MOVE HEARING ON APPLE'S MOTION TO DISMISS AND MOTION TO STRIKE (approving 45 ). The Motion Hearing set for 7/24/2009 is CONTINUED to 8/14/2009 at 9:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 7/16/2009. (jflc2, COURT STAFF) (Filed on 7/16/2009) |
| July 17, 2009 | 47 | STIPULATION AND ORDER to Extend Deadline for Defendant Apple Inc. to File Reply Briefs in Support of Its Motion to Strike and Motion to Dismiss re 42 . Signed by Judge Jeremy Fogel on 7/17/09. (dlm, COURT STAFF) (Filed on 7/17/2009) |
| August 14, 2009 | 48 | Minute Entry: Motion Hearing held on 8/14/2009 before Judge Jeremy Fogel (Date Filed: 8/14/2009) re (27 in 5:09-cv-01064-JF) MOTION to Dismiss, (36 in 5:08-cv-05788-JF) MOTION to Strike (22) Amended Complaint, (28 in 5:09-cv-01064-JF) MOTION to Strike Class Allegations from Plaintiff's Complaint, (35 in 5:08-cv-05788-JF) MOTION to Dismiss. The motions are taken under submission. Case Management Conference held on 8/14/2009 before Judge Jeremy Fogel (Date Filed: 8/14/2009). 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 | 49 | ORDER by Judge Jeremy Fogel granting 35 Motion to Dismiss; denying without prejudice 36 Motion to Strike (jflc1, COURT STAFF) (Filed on 8/21/2009) |
| September 9, 2009 | 50 | Transcript of Proceedings held on 08/14/2009, before Judge Jeremy Fogel. Court Reporter/Transcriber Summer Clanton, Telephone number 408-288-6150. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 12/7/2009. (Clanton, Summer) (Filed on 9/9/2009) |
| September 21, 2009 | 51 | AMENDED COMPLAINT (SECOND) against Apple, Inc.. Filed byAram Hovsepian. (Shub, Jonathan) (Filed on 9/21/2009) |
| October 2, 2009 | 52 | STIPULATION Stipulation to Extend Deadline to File Response to Second Amended Complaint by Apple, Inc.. (Counts, Thomas) (Filed on 10/2/2009) |
| October 9, 2009 | 53 | STIPULATION to Extend Deadline to File Response to Second Amended Complaint by Apple, Inc.. (Counts, Thomas) (Filed on 10/9/2009) |
| October 13, 2009 | 54 | MOTION to Dismiss Defendant Apple, Inc.'s Notice of Motion and Motion to Dismiss Second Amended Class Action Complaint filed by Apple, Inc.. Motion Hearing set for 12/4/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Counts, Thomas) (Filed on 10/13/2009) |
| October 13, 2009 | 55 | MOTION to Strike Defendant Apple, Inc.'s Notice of Motion and Motion to Strike Class Allegations from Plaintiff's Second Amended Complaint filed by Apple, Inc.. Motion Hearing set for 12/4/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Counts, Thomas) (Filed on 10/13/2009) |
| November 13, 2009 | 56 | Memorandum in Opposition re 54 MOTION to Dismiss Defendant Apple, Inc.'s Notice of Motion and Motion to Dismiss Second Amended Class Action Complaint filed byAram Hovsepian. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Shub, Jonathan) (Filed on 11/13/2009) |
| November 13, 2009 | 57 | Memorandum in Opposition re 55 MOTION to Strike Defendant Apple, Inc.'s Notice of Motion and Motion to Strike Class Allegations from Plaintiff's Second Amended Complaint filed byAram Hovsepian. (Shub, Jonathan) (Filed on 11/13/2009) |
| November 20, 2009 | 58 | Reply Memorandum re 54 MOTION to Dismiss Defendant Apple, Inc.'s Notice of Motion and Motion to Dismiss Second Amended Class Action Complaint Defendant Apple Inc.'s Reply Brief In Support of Motion to Dismiss Second Amended Complaint filed byApple, Inc.. (Counts, Thomas) (Filed on 11/20/2009) |
| November 20, 2009 | 59 | Reply Memorandum re 55 MOTION to Strike Defendant Apple, Inc.'s Notice of Motion and Motion to Strike Class Allegations from Plaintiff's Second Amended Complaint Defendant Apple Inc.'s Reply Brief In Support of Motion to Strike Class Allegations from Plaintiff's Second Amended Complaint filed byApple, Inc.. (Counts, Thomas) (Filed on 11/20/2009) |
| December 4, 2009 | 60 | Minute Entry: Motion Hearing held on 12/4/2009 before Judge Jeremy Fogel (Date Filed: 12/4/2009) re 55 MOTION to Strike, 54 MOTION to Dismiss. The motions are taken under submission. (Court Reporter Summer Clanton.) (dlm, COURT STAFF) (Date Filed: 12/4/2009) |