Franklin v. Apple Inc.
| Robert Franklin |
| Apple Inc. |
| 4:2021cv00354 |
| May 6, 2021 |
| US District Court for the Eastern District of Texas |
| Amos L Mazzant |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 14, 2022. A more recent docket listing may be available from PACER.
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Filing 36
NOTICE of Voluntary Dismissal by Robert Franklin (Peirce, Christopher)
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Filing 35
Defendant's Unopposed Third Application for Extension of Time to Answer Complaint re Apple Inc..( Genender, Paul)
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Defendant's Unopposed Third Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Apple Inc. to 7/25/2022. 14 Days Granted for Deadline Extension.(mcg)
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Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Apple Inc. to 7/12/2022. 14 Days Granted for Deadline Extension.(mcg)
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Filing 34
Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Apple Inc..( Genender, Paul)
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Filing 33
MEMORANDUM OPINION AND ORDER. It is ORDERED that Defendant Apple Inc.'s Motion to Dismiss Plaintiff's Second Amended Complaint (Dkt. #24 ) is hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 6/15/2022. (mcg)
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Filing 32
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephone Conference held on 4/14/2022 before Judge Mazzant. Court Reporter/Transcriber: Christina Bickham,Telephone number: 903-209-4013. |
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Filing 31
PAPER TRANSCRIPT REQUEST by Apple Inc. for proceedings held on 04/14/2022 before Judge Amos Mazzant. (Forwarded to Chris Bickham) (Genender, Paul) Modified on 4/25/2022 (nkl, ).
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Filing 30
ORDER denying #29 Motion to Compel. Signed by District Judge Amos L. Mazzant, III on 4/14/2022. (mcg)
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NOTICE of Hearing: Telephone Conference to address a discovery dispute set for Thursday 4/14/2022 01:15 PM before District Judge Amos L. Mazzant III. Attorneys are instructed to call the Conference Number at 1:10 PM: 888-363-4749; Access Code: 1588844, followed by #. (tls)
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Minute Entry for proceedings held before District Judge Amos L. Mazzant, III: Telephone Conference to address a discovery dispute held on 4/14/2022. Court advises Counsel to have another meet-and-confer to try to resolve the issues. If not resolved, the Court gives Plaintiffs permission to file another motion to compel. (Court Reporter Chris Bickham.) (tls)
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Filing 29
First MOTION to Compel by Robert Franklin. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Text of Proposed Order)(Embry, Jeffrey)
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Filing 28
REPLY to Response to Motion re #24 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Apple Inc.. (Genender, Paul)
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Filing 27
RESPONSE in Opposition re #24 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Robert Franklin. (Attachments: #1 Text of Proposed Order)(Embry, Jeffrey) (Attachment 1 replaced on 2/14/2022) (baf, ).
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Filing 26
AGREED PROTECTIVE ORDER REGARDING THE DISCLOSURE AND USE OF DISCOVERY MATERIALS. Signed by District Judge Amos L. Mazzant, III on 2/7/2022. (baf, )
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Filing 25
Joint MOTION for Protective Order by Apple Inc.. (Attachments: #1 Text of Proposed Order)(Genender, Paul)
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Filing 24
MOTION to Dismiss Plaintiff's Second Amended Complaint by Apple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)(Genender, Paul) (Attachment 4 replaced on 1/31/2022) (baf, ).
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Filing 23
SCHEDULING ORDER. Signed by District Judge Amos L. Mazzant, III on 1/21/2022. (mcg)
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Filing 22
Submission of Proposed Agreed Docket Control/Scheduling order by Robert Franklin . (Embry, Jeffrey)
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Filing 21
AMENDED COMPLAINT (Second) against Apple Inc., filed by Robert Franklin.(Embry, Jeffrey)
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Filing 20
ORDER denying as moot #7 Motion to Dismiss under Rule 12(b)(6) and Motion to Abate. Signed by District Judge Amos L. Mazzant, III on 10/27/2021. (mcg)
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Filing 19
MEMORANDUM OPINION AND ORDER. It is ORDERED that (Dkt. #13 ) Motion to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6) and Motion to Abate is hereby GRANTED in part and DENIED in part. Signed by District Judge Amos L. Mazzant, III on 10/27/2021. (mcg)
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Minute Entry for proceedings held before District Judge Amos L. Mazzant, III: Telephone Conference held on 9/21/2021 at 10:01 a.m. Christopher Peirce and Jeffrey Embry appeared on behalf of Plaintiff. Paul Genender and David Singh appeared on behalf of Defendants. Court hears from counsel for both sides regarding scheduling and 26f report. Call adjourned at 10:15 a.m. (Digital Recording) (kkc, )
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NOTICE of Hearing: Telephone Conference to address disputes on how this case should proceed set for Tuesday 9/21/2021 10:00 AM before District Judge Amos L. Mazzant III. Attorneys are instructed to call the Conference Number at 9:55 AM: 888-363-4749; Access Code: 1588844, followed by #. (No attachment.) (tls)
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Filing 18
SUR-REPLY to Reply to Response to Motion re #13 MOTION to Dismiss Amended Complaint filed by Robert Franklin. (Embry, Jeffrey)
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Filing 17
REPLY to Response to Motion re #13 MOTION to Dismiss Amended Complaint Pursuant to Rules 12(b)(1) and 12(b)(6) and Motion to Abate filed by Apple Inc.. (Genender, Paul)
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Due to the Court's criminal trial docket, the September 1, 2021 Scheduling Conference is CANCELLED. The Court will enter a Scheduling Order. (tls)
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Filing 16
NOTICE of Attorney Appearance by Christopher Patrick Peirce on behalf of Robert Franklin (Peirce, Christopher)
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Filing 15
RESPONSE in Opposition re #13 MOTION to Dismiss Amended Complaint filed by Robert Franklin. (Attachments: #1 Text of Proposed Order)(Embry, Jeffrey)
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Filing 14
STATUS REPORT Joint Report of Attorney Conference by Robert Franklin. (Embry, Jeffrey)
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Filing 13
MOTION to Dismiss Amended Complaint by Apple Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order Proposed Order)(Genender, Paul)
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Filing 12
REPLY to Response to Motion re #7 MOTION to Dismiss and Abate filed by Apple Inc.. (Genender, Paul)
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Filing 11
RESPONSE in Opposition re #7 MOTION to Dismiss filed by Robert Franklin. (Attachments: #1 Text of Proposed Order Denying)(Embry, Jeffrey)
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Filing 10
AMENDED COMPLAINT against Apple Inc., filed by Robert Franklin.(Embry, Jeffrey)
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Filing 9
ORDER GOVERNING PROCEEDINGS. Rule 26 Meeting Report due by 8/18/2021. Rule 16 Management Conference set for 9/1/2021 at 03:00 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 7/14/2021. (mcg)
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Counsel are reminded that the Court has not opted out of this court's Local Rules concerning courtesy copies; therefore, Counsel are asked to comply with Local Rule CV-5(a)(9) and Local Rule CV-10(b) with respect to sending courtesy copies to Judge Mazzant. Please send copies of filings that exceed 20 pages to Judge Mazzant's chambers. Please use tabs and dividers for exhibits, and please place very voluminous filings in three-ring binder(s). Staples are fine; no binder clips, please. (tls)
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Filing 8
CORPORATE DISCLOSURE STATEMENT filed by Apple Inc. (Genender, Paul)
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Filing 7
MOTION to Dismiss by Apple Inc.. Responses due by 7/23/2021 (Attachments: #1 Exhibit Exhibit A - July 13, 2018 Apple One (1) Year Limited Warranty, #2 Exhibit Exhibit B - iOS 11 iPhone User Guide, #3 Text of Proposed Order Proposed Order Granting Apple Inc.'s Motion to Dismiss Pursuant to Rule 12(b)(6) and Motion to Abate)(Genender, Paul)
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Filing 6
NOTICE of Attorney Appearance - Pro Hac Vice by David R Singh on behalf of Apple Inc.. Filing fee $ 100, receipt number 0540-8487559. (Singh, David)
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Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Apple Inc. to 7/9/2021. 14 Days Granted for Deadline Extension.( rpc, )
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Filing 5
Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Apple Inc..( Genender, Paul)
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Filing 4
NOTICE of Attorney Appearance by Matthew Lynn Montgomery on behalf of Robert Franklin (Montgomery, Matthew)
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Filing 3
SUMMONS Issued as to Apple Inc. (mcg)
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Filing 2
NOTICE of Attorney Appearance by Margaret Claire Pennell on behalf of Robert Franklin (Pennell, Margaret)
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Filing 1
COMPLAINT against Apple, Inc. ( Filing fee $ 402 receipt number 0540-8399046.), filed by Robert Franklin. (Attachments: #1 Civil Cover Sheet)(Embry, Jeffrey)
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In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (mcg)
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Case Assigned to District Judge Amos L. Mazzant, III. (mcg)
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