Adkins et al v. Apple Inc et al
Plaintiffs Adkins et al. are filing a lawsuit against Apple Inc. that alleges Apple fraudulently misrepresented its AppleCare warranty program by not disclosing that it used reconditioned parts or devices to repair or replace malfunctioning devices under the warranty. The complaint alleges violation of various California consumer protection laws.
| Patricia Sue Adkins, Jennifer Galindo and Fabrienne English |
| Apple Inc, Applecare Service Company Inc and Apple CSC Inc |
| 3:2013cv00402 |
| November 4, 2013 |
| US District Court for the Southern District of Texas |
| Galveston Office |
| Galveston |
| Vanessa D Gilmore |
| Other Fraud |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on July 9, 2014. A more recent docket listing may be available from PACER.
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| Transfer of case to California Northern District. New Case # assigned: 4:14cv01619 and received on 4/9/2014., filed. (jdav, 4) |
Filing 55
ORDER TO TRANSFER CASE granting 33 MOTION to Transfer Case to United States District Court for the Northern District of California. (Signed by Judge Vanessa D Gilmore) Parties notified.(glyons, 4)
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| Interdistrict transfer to Northern District of California. Case transferred electronically. Case terminated on 4/3/2014, filed. (glyons, 4) |
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Filing 54
ORDER granting 49 Motion for Leave to File Surreply to Motion to Transfer Venue. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
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Filing 53
ORDER granting 44 Motion for Leave to File First Amended Complaint.(Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
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| Filing 52 RESPONSE in Opposition to 49 Opposed MOTION for Leave to File Surreply, filed by Apple CSC Inc, Apple Inc, Applecare Service Company Inc. (Attachments: # 1 Proposed Order)(Patel, Purvi) |
| Filing 51 SURREPLY to 33 MOTION to Transfer Case to United States District Court for the Northern District of California, filed by Patricia Sue Adkins, Fabrienne English, Jennifer Galindo. (Attachments: # 1 Exhibit Exhibit D English Affidavit, # 2 Exhibit Exhibit E wired.com article, # 3 Exhibit Exhibit F Statesman article, # 4 Exhibit Exhibit G Apple Facilities Report, # 5 Exhibit Exhibit H Business Info Form, # 6 Exhibit Exhibit I Economic Development Agrmnt, # 7 Exhibit Exhibit J Economic Growth Summary, # 8 Exhibit Exhibit K WebLOCI, # 9 Exhibit Exhibit L Council Mtg Transcript, # 10 Exhibit Exhibit M CNN Money article, # 11 Exhibit Exhibit N Ordinance, # 12 Exhibit Exhibit O TX Busn Enterprise Fund Appl)(Kennedy, Renee) |
| Filing 50 PROPOSED ORDER re: 49 Opposed MOTION for Leave to File Surreply, filed.(Kennedy, Renee) |
| Filing 49 Opposed MOTION for Leave to File Surreply by Patricia Sue Adkins, Fabrienne English, Jennifer Galindo, filed. Motion Docket Date 4/14/2014. (Kennedy, Renee) |
| Filing 48 NOTICE of Resetting. Parties notified. Initial Conference reset for 4/4/2014 at 01:30 PM in Courtroom 9A before Judge Vanessa D Gilmore, filed. (bthomas, 4) |
| Filing 47 NOTICE of Resetting. Parties notified. Initial Conference set for 3/7/2014 at 01:30 PM in Courtroom 9A before Judge Vanessa D Gilmore, filed. (bthomas, 4) |
| Filing 46 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Apple CSC Inc, Apple Inc, Applecare Service Company Inc, filed.(Patel, Purvi) |
| Filing 45 REPLY in Support of 33 MOTION to Transfer Case to United States District Court for the Northern District of California, filed by Apple CSC Inc, Apple Inc, Applecare Service Company Inc. (Attachments: # 1 Appendix of Authorities)(Patel, Purvi) |
| Filing 44 Opposed MOTION for Leave to File Plaintiffs' First Amended Complaint by Patricia Sue Adkins, Fabrienne English, Jennifer Galindo, filed. Motion Docket Date 3/5/2014. (Attachments: # 1 Proposed Order)(Kennedy, Renee) |
| Filing 43 STATEMENT REGARDING DEFENDANTS PENDING MOTION TO DISMISS AND PLAINTIFFS' UNAUTHORIZED FIRST AMENDED COMPLAINT re: 34 MOTION to Dismiss , 38 Amended Complaint/Counterclaim/Crossclaim etc., by Apple CSC Inc, Apple Inc, Applecare Service Company Inc, filed. (Attachments: # 1 Appendix Appendix of Authorities)(Jahann, Sai) |
| Filing 42 PROPOSED ORDER denying Defendants' Motion to Transfer re: 41 Response in Opposition to Motion,, filed.(Kennedy, Renee) |
| Filing 41 RESPONSE in Opposition to 33 MOTION to Transfer Case to United States District Court for the Northern District of California, filed by Patricia Sue Adkins, Fabrienne English, Jennifer Galindo. (Attachments: # 1 Exhibit Exhibit A Adkins Affidavit 1, # 2 Exhibit Exhibit B Adkins Affidavit 2, # 3 Exhibit Exhibit C Galindo Affidavit)(Kennedy, Renee) |
| Filing 40 PROPOSED ORDER denying Defendants' Motion to Dismiss re: 39 Response in Opposition to Motion,, filed.(Kennedy, Renee) |
| Filing 39 RESPONSE in Opposition to 34 MOTION to Dismiss , filed by Patricia Sue Adkins, Fabrienne English, Jennifer Galindo. (Attachments: # 1 continued, part 2 of 6, # 2 continued, part 3 of 6, # 3 continued, part 4 of 6, # 4 continued, part 5 of 6, # 5 continued, part 6 of 6)(jdav, 4) |
| Filing 38 AMENDED FIRST AMENDED CLASS ACTION COMPLAINT against All Defendants filed by Patricia Sue Adkins, Jennifer Galindo, Fabrienne English. (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)(jdav, 4) |
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Filing 37
ORDER granting 35 Motion for Extension of Time to Respond; Motion-related deadline set. (Responses due by 2/10/2014) re: 34 MOTION to Dismiss, 33 MOTION to Transfer Case to the Northern District of California. (Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
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| Filing 36 PROPOSED ORDER re: 35 Unopposed MOTION for Extension of Time to Answer Defendants' Motion to Dismiss and Motion to Transfer Venue, filed.(Kennedy, Renee) |
| Filing 35 Unopposed MOTION for Extension of Time to Answer Defendants' Motion to Dismiss and Motion to Transfer Venue by Patricia Sue Adkins, Fabrienne English, Jennifer Galindo, filed. Motion Docket Date 1/27/2014. (Kennedy, Renee) |
| Filing 34 MOTION to Dismiss by Apple CSC Inc, Apple Inc, Applecare Service Company Inc, filed. Motion Docket Date 1/13/2014. (Attachments: # 1 Proposed Order Exhibit 1, # 2 Appendix Exhibit 2)(Patel, Purvi) |
| Filing 33 MOTION to Transfer Case to United States District Court for the Northern District of California by Apple CSC Inc, Apple Inc, Applecare Service Company Inc, filed. Motion Docket Date 1/13/2014. (Attachments: # 1 Proposed Order Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Appendix Exhibit 4)(Patel, Purvi) |
| Filing 32 Memorandum and Order Regarding Discovery Motions, Motions for Summary Judgment and Analogous Motions to Dismiss(Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4) |
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Filing 31
ORDER granting 28 Motion to Appear Pro Hac Vice for Sai Jahann for Apple Inc., Applecare Service Company, and Apple CSC Inc..(Signed by Judge Vanessa D Gilmore) Parties notified.(gkelner, 4)
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Filing 30
ORDER granting 27 Motion to Appear Pro Hac Vice for Penelope Preovolos for Applecare Service Company, Apple Inc., and Apple CSC Inc.. (Signed by Judge Vanessa D Gilmore) Parties notified.(gkelner, 4)
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Filing 29
ORDER granting 26 Motion to Appear Pro Hac Vice for Purvi Patel for Apple Inc. AppleCare Service Company, and Apple CSC Inc.. (Signed by Judge Vanessa D Gilmore) Parties notified.(gkelner, 4)
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| Filing 28 MOTION for Sai Jahann to Appear Pro Hac Vice by Apple CSC Inc, Apple Inc, Applecare Service Company Inc, filed. Motion Docket Date 12/16/2013. (Patel, Purvi) |
| Filing 27 MOTION for to Appear, MOTION for Penelope A. Preovolos to Appear Pro Hac Vice( Motion Docket Date 12/16/2013.) by Apple CSC Inc, Apple Inc, Applecare Service Company Inc, filed. (Patel, Purvi) |
| Filing 26 MOTION for Purvi G. Patel to Appear Pro Hac Vice by Apple CSC Inc, Apple Inc, Applecare Service Company Inc, filed. Motion Docket Date 12/16/2013. (Patel, Purvi) |
| Filing 25 Letter, filed by all plaintiffs. (olindor, 4) Modified on 11/25/2013 (olindor, 4). |
| Filing 24 CERTIFICATE OF INTERESTED PARTIES by Patricia Sue Adkins, Fabrienne English, Jennifer Galindo, filed.(Kennedy, Renee) |
| Filing 23 CERTIFICATE OF INTERESTED PARTIES by Patricia Sue Adkins, filed.(Kennedy, Renee) |
| Filing 22 NOTICE of Change of Address by Renee Kennedy, counsel for Jennifer Galindo, filed. (Kennedy, Renee) |
| Filing 21 NOTICE of Change of Address by Renee Kennedy, counsel for Fabrienne English, filed. (Kennedy, Renee) |
| Filing 20 NOTICE of Change of Address by Renee Kennedy, counsel for Patricia Sue Adkins, filed. (Kennedy, Renee) |
| Filing 19 CERTIFICATE OF INTERESTED PARTIES by Apple CSC Inc, Apple Inc, Applecare Service Company Inc, filed.(Trent, Thomas) |
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Filing 18
ORDER granting 12 Motion for Extension of Time; Answer due for Apple CSC Inc 12/23/2013; Apple Inc 12/23/2013; Applecare Service Company Inc 12/23/2013.(Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
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Filing 17
ORDER denying without prejudice to re-urging after the scheduling conference 2 Motion to Certify Class.(Signed by Judge Vanessa D Gilmore) Parties notified.(bthomas, 4)
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| Filing 16 CORPORATE DISCLOSURE STATEMENT by Apple CSC Inc identifying Apple Inc. as Corporate Parent, filed.(Allen, Benjamin) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT by Applecare Service Company Inc identifying Apple Inc. as Corporate Parent, filed.(Allen, Benjamin) |
| Filing 14 CORPORATE DISCLOSURE STATEMENT by Apple Inc, filed.(Allen, Benjamin) |
| Filing 13 PROPOSED ORDER re: 12 Opposed MOTION for Extension of Time to answer or otherwise respond to the complaint, filed.(Trent, Thomas) |
| Filing 12 Opposed MOTION for Extension of Time to answer or otherwise respond to the complaint by Apple CSC Inc, Apple Inc, Applecare Service Company Inc, filed. Motion Docket Date 12/6/2013. (Trent, Thomas) |
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Filing 11
ORDER denying 3 Motion for Renee Kennedy to Appear Pro Hac Vice.(Signed by Judge Vanessa D Gilmore) Parties notified.(glyons, 4)
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| Filing 10 RETURN of Service Executed as to Renee Kennedy on 11/6/13, filed. (rnieto, 1) |
| Filing 9 AFFIDAVIT OF SERVICE by Patricia Sue Adkins, Fabrienne English, Jennifer Galindo on 11/5/2013 re: Summons, Complaint, filed.(dnoriega, 1) |
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Filing 8
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 2/21/2014 at 01:30 PM in Courtroom 9A before Judge Vanessa D Gilmore. (Signed by Judge Vanessa D Gilmore) (Attachments: # 1 Judge's Procedure) Parties notified.(bthomas, 4)
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| Filing 7 NOTICE of Reassignment. Case reassigned to Judge Vanessa D Gilmore. Parties notified, filed. (ccarnew, 3) |
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Filing 6
RECUSAL ORDER. Judge Gregg Costa recused. Deadlines in scheduling orders subsist. Court settings are vacated.(Signed by Judge Gregg Costa) Parties notified.(ccarnew, 3)
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| Filing 5 MOTION for Expedited Hearing re: 2 MOTION to Certify Class by Patricia Sue Adkins, Fabrienne English, Jennifer Galindo, filed. Motion Docket Date 11/25/2013. (Attachments: # 1 Proposed Order)(lusmith, 3) |
| Filing 4 NOTICE Of Correction of Defendant's Name re: 1 Complaint, by Patricia Sue Adkins, Fabrienne English, Jennifer Galindo, filed. (lusmith, 3) |
| Filing 3 MOTION for Renee Kennedy to Appear Pro Hac Vice by Patricia Sue Adkins, Fabrienne English, Jennifer Galindo, filed. Motion Docket Date 11/25/2013. (ltrevino, 3) |
| Filing 2 MOTION to Certify Class by Patricia Sue Adkins, Fabrienne English, Jennifer Galindo, filed. Motion Docket Date 11/25/2013. (ltrevino, 3) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400) filed by Patricia Sue Adkins, Jennifer Galindo, Fabrienne English. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(ltrevino, 3) (Additional attachment(s) added on 11/4/2013: # 4 Civil Cover Sheet) (ltrevino, 3). (Main Document 1 replaced on 11/13/2013) (ltrevino, 3). |
| Summons Issued as to All Defendants, filed.(ltrevino, 3) |
| Filing Filing fee: $400.00 re: 1 Complaint,, receipt number GAL001901, filed. (ltrevino, 3) |
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