Ross Missaghi v. Apple Inc et al
| Ross Missaghi |
| Apple Inc and Does 1 through 100 inclusive |
| 2:2013cv02003 |
| March 20, 2013 |
| US District Court for the Central District of California |
| David O Carter |
| Andrew J Wistrich |
| Contract Product Liability |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 18, 2015. A more recent docket listing may be available from PACER.
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Filing 61
MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter granting #60 Request to Dismiss Case. Before the Court is Plaintiff's Request to Dismiss Case with Prejudice (Dkt. 60). For good cause showing, the Court hereby GRANTS Plaintiff's request. Fed. R. Civ. P. 41(a)(2).1 The Case is DISMISSED WITH PREJUDICE. The Clerk shall serve this minute order on the parties. (MD JS-6. Case Terminated) (dro)
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| Filing 60 REQUEST to Dismiss Case with prejudice filed by plaintiff Ross Missaghi. (Perlman, Douglas) |
| Filing 59 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew D Powers counsel for Defendant Apple Inc. Victoria L. Weatherford is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Apple Inc.. (Powers, Matthew) |
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Filing 58
ORDER OF THE CHIEF JUDGE (#14-090) approved by Judge George H. King. Pursuant to the recommended procedure adopted by the Court for the RETIREMENT of Judge Gary A. Feess, this case is transferred from Judge Gary A. Feess to the calendar of Judge David O. Carter for all further proceedings. The case number will now reflect the initials of the transferee Judge CV13-02003 DOC (AJWx). (mg)
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| Filing 57 STATUS REPORT / Joint Status Report Pursuant to Court's Order of September 16, 2014 filed by Defendant Apple Inc. (Powers, Matthew) |
| Filing 56 TEXT ONLY ENTRY (IN CHAMBERS) by Judge Gary A. Feess: The Court has received a Notice of Settlement, filed on 9/15/2014 # 55 . The Court VACATES all pending dates. The parties are ordered to file a Stipulation and Proposed Order Dismissing the action on or before 10/30/2014 or, in the alternative a Joint Status Report. Failure to comply with the Court's Order shall be deemed consent to the dismissal of the action. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) TEXT ONLY ENTRY |
| Filing 55 NOTICE of Settlement filed by plaintiff Ross Missaghi. (Perlman, Douglas) |
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Filing 54
IN CHAMBERS ORDER RE EX PARTE APPLICATION # 52 by Judge Gary A. Feess: The request for additional time to respond is GRANTED in part. The deadline for Plaintiffs' class certification briefing is continued until 09/15/2014. The hearing on the class certification motion shall remain set for 9:30 a.m., 11/10/2014. See Order for details. (ah)
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| Filing 53 OPPOSITION re: EX PARTE APPLICATION to Continue briefing and hearing on motion for class certifcation from November 10, 2014 to December 15, 2014 # 52 filed by Defendant Apple Inc. (Attachments: # 1 Declaration of Matthew D. Powers, # 2 Exhibit A to Powers Declaration, # 3 Exhibit B to Powers Declaration, # 4 Exhibit C to Powers Declaration, # 5 Exhibit D to Powers Declaration, # 6 Exhibit E to Powers Declaration, # 7 Exhibit F to Powers Declaration, # 8 Exhibit G to Powers Declaration, # 9 Exhibit H to Powers Declaration)(Powers, Matthew) |
| Filing 52 EX PARTE APPLICATION to Continue briefing and hearing on motion for class certifcation from November 10, 2014 to December 15, 2014 filed by Plaintiff Ross Missaghi. (Attachments: # 1 Declaration Declaration of Douglas W. Perlman, # 2 Proposed Order Proposed order granting ex parte application)(Perlman, Douglas) |
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Filing 51
PROTECTIVE ORDER by Magistrate Judge Andrew J. Wistrich, re: Notice of Lodging, # 50 . (mz)
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| Filing 50 NOTICE OF LODGING filed Notice of Lodging of Agreed [Proposed] Protective Order re Notice of Deficiency in Electronically Filed Documents (G-112),,, # 48 (Attachments: # 1 Proposed Order Agreed Proposed Protective Order Regarding the Disclosure and Use of Discovery Materials)(Powers, Matthew) |
| Filing 49 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS. The document is stricken from the record, RE: REQUEST for Protective Order for Agreed Protective Order Regarding the Disclosure and Use of Discovery Materials , # 47 . (mz) |
| Filing 48 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST for Protective Order for Agreed Protective Order Regarding the Disclosure and Use of Discovery Materials # 47 . The following error(s) was found: Incorrect event selected.Other error(s) with document(s) are specified below. Other error(s) with document(s): Document is submitted before the wrong judge; docket entry description does not match the title of the document; and in violation of local rule 5-4.4.1, proposed orders that require a judge's signature shall be submitted as attachments to a main electronically filed document (e.g., stipulations, applications, motions, requests, notice of lodging). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (mz) |
| Filing 47 (STRICKEN) REQUEST for Protective Order for Agreed Protective Order Regarding the Disclosure and Use of Discovery Materials filed by Defendant Apple Inc. (Powers, Matthew) Modified on 8/21/2014 (mz). |
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Filing 46
MINUTE ORDER IN CHAMBERS by Judge Gary A. Feess: Order re: Schedule. The following sets forth the schedule leading to the hearing on the motion for classcertification in this case. Discovery to be completed: August 29, 2014; Motion for Class Certification: September 8, 2014; Opposition to Motion: October 6, 2014; Reply to Opposition: October 27, 2014; Hearing: November 10, 2014 at 9:30 a.m. See document for details. (smo)
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| Filing 45 MINUTES OF Scheduling Conference held before Judge Gary A. Feess: Court and counsel confer. Counsel are instructed to fully comply with Federal Rules of Civil Procedure, Rule 26(a). Court conducts Scheduling Conference. For reasons stated on the record, the Court will provide a scheduling order at a later time. In the meantime, the Court will permit limited discovery relating to class certification only.Court Reporter: Pat Cuneo. (smo) |
| Filing 44 JOINT REPORT Rule 26(f) Discovery Plan scheduling conference report ; estimated length of trial 10, filed by Plaintiff Ross Missaghi.. (Perlman, Douglas) |
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Filing 43
ORDER REGARDING RULE 26(f) CONFERENCE AND JOINT REPORT by Judge Gary A. Feess. Rule 26 Meeting Report due by 1/6/2014. Scheduling Conference set for 1/13/2014 at 1:30 PM before Judge Gary A. Feess. See document for details. (smo)
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| Filing 42 ANSWER to Amended Complaint # 34 Answer and Affirmative Defenses to the Third Amended Complaint filed by Defendant Apple Inc.(Powers, Matthew) |
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Filing 41
MINUTES (IN CHAMBERS): ORDER re: Motion to Dismiss by Judge Gary A. Feess: Plaintiffs have again attemptedand failedto pursue a cause of action under RICO. Because the Court permitted Plaintiffs a final opportunity to file an amended pleading when it dismissed the Second Amended Complaint, Apple's Motion to Dismiss # 35 is GRANTED with respect to Plaintiffs' RICO claims. Plaintiffs' first cause of action is therefore DISMISSED with prejudice. The Motion to Dismiss is also GRANTED with respect to Plaintiffs' UCL claim insofar as it stems from the allegedly fraudulent sale of granting in part and denying in part # 35 Motion to Dismiss Case defective iPhones. That portion of the claim is therefore DISMISSED with prejudice. However, Plaintiff has adequately pleaded a claim for violation of the UCL with regard to the alleged statement that defective iPhones could be repaired. The Motion to Dismiss this portion of Plaintiffs' second cause of action is therefore DENIED. The hearing previously scheduled for November 4, 2013, is hereby VACATED. See document for details. (smo)
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| Filing 40 NOTICE of Related Case(s) filed by Defendant Apple Inc. Related Case(s): 13-CV-7674 JAK-SH (Attachments: # 1 Exhibit A)(Powers, Matthew) |
| Filing 39 REPLY In Support MOTION to Dismiss Case / To Dismiss Third Amended Complaint # 34 # 35 filed by Defendant Apple Inc. (Powers, Matthew) |
| Filing 38 MEMORANDUM in Opposition to MOTION to Dismiss Case / To Dismiss Third Amended Complaint # 34 # 35 filed by Plaintiff Ross Missaghi. (Perlman, Douglas) |
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Filing 37
ORDER GRANTING STIPULATION TO CONTINUE HEARING DATE by Judge Gary A. Feess, re Stipulation to Continue, # 36 , The Court having considered the Stipulation to Continue Hearing Date, submitted by the parties, and good cause appearing: 1. The Stipulation is approved; and 2. The hearing on Defendant's Motion to Dismiss [Docket No. 35] is continued until November 4, 2013 at 9:30 a.m. (lw)
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| Filing 36 Joint STIPULATION to Continue Hearing Date on the Motion to Dismiss from 10/28/2013 to 11/04/2013 Re: MOTION to Dismiss Case / To Dismiss Third Amended Complaint # 34 # 35 filed by defendant Apple Inc. (Attachments: # 1 Proposed Order)(Powers, Matthew) |
| Filing 35 NOTICE OF MOTION AND MOTION to Dismiss Case / To Dismiss Third Amended Complaint # 34 filed by Defendant Apple Inc. Motion set for hearing on 10/28/2013 at 09:30 AM before Judge Gary A. Feess. (Attachments: # 1 Memorandum of Points And Authorities, # 2 Proposed Order)(Powers, Matthew) |
| Filing 34 THIRD AMENDED COMPLAINT against defendants Apple Inc, Does amending Second Amended Complaint # 21 , filed by plaintiff Ross Missaghi (bm) (bm). |
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Filing 33
MINUTES (IN CHAMBERS): ORDER RE: MOTIONS TO COMPEL ARBITRATION, DISMISS & STRIKE by Judge Gary A. Feess: The Court rules as follows: (1) Apple's motion to compel arbitration is DENIED. (2) Apple's motion to dismiss is GRANTED in its entirety. (3) Apple's motion to strike is DENIED as moot. # 22 , # 22 , # 24 . (bp)
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| Filing 32 TEXT ONLY ENTRY (IN CHAMBERS) by Judge Gary A. Feess: ORDER VACATING HEARING. The Court has pending, (1) MOTION to Dismiss Second Amended Complaint and/or, MOTION to Strike Amended Complaint (filed 7/5/13) # 22 ; and (2) MOTION to Compel Arbitration filed by Defendant Apple Inc. (filed 7/25/13) # 24 . The Court takes the matter under submission. Accordingly, the hearing previously scheduled for Monday, 8/26/2013 at 9:30 a.m., is hereby VACATED. Fed. R. Civ. P. 78; C.D. Cal. R. 7-15. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) TEXT ONLY ENTRY |
| Filing 31 REPLY in support MOTION to Compel Arbitration # 24 Defendant Apple Inc.s Reply in Support of Motion to Compel Arbitration of Claims and to Stay filed by Defendant Apple Inc. (Powers, Matthew) |
| Filing 30 MEMORANDUM in Opposition to MOTION to Compel Arbitration # 24 filed by Plaintiff Ross Missaghi. (Perlman, Douglas) |
| Filing 29 REQUEST FOR JUDICIAL NOTICE filed by Defendant Apple Inc. (Attachments: # 1 Declaration Of Matthew D. Powers, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Proposed Order)(Powers, Matthew) |
| Filing 28 REPLY In Support Of MOTION to Dismiss Second Amended Complaint and/or MOTION to Strike Amended Complaint # 21 # 22 filed by Defendant Apple Inc. (Powers, Matthew) |
| Filing 27 MEMORANDUM in Opposition to MOTION to Dismiss Second Amended Complaint and/or MOTION to Strike Amended Complaint # 21 # 22 filed by Plaintiff Ross Missaghi. (Rastegar, Farzad) |
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Filing 26
ORDER GRANTING STIPULATION TO ENLARGE TIME TO FILE OPPOSITION AND REPLY TO MOTION TO COMPEL ARBITRATION by Judge Gary A. Feess, re Stipulation for Extension of Time to File Response/Reply, # 25 . Pursuant to the Parties' Stipulation, filed on July 26, 2013, To Enlarge time To File Opposition And Reply To Motion To Compel Arbitration: The deadline for Plaintiffs to file their Opposition to Defendant's Motion To Compel Arbitration Of Claims And To Stay, currently set by Civil Local Rule 7-9 for August 5, 2013, shall be and is hereby extended to August 13, 2013. (bp)
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| Filing 25 STIPULATION for Extension of Time to File Opposition And Reply as to MOTION to Compel Arbitration # 24 filed by Defendant Apple Inc. (Attachments: # 1 Declaration Of Matthew D. Powers In Support Of Stipulation To Enlarge Time To File Opposition And Reply, # 2 Proposed Order)(Powers, Matthew) |
| Filing 24 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by Defendant Apple Inc. Motion set for hearing on 8/26/2013 at 09:30 AM before Judge Gary A. Feess. (Attachments: # 1 Declaration Of Chenell Cummings, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Declaration Of Beth Headley, # 8 Exhibit 1, # 9 Exhibit 2, # 10 Declaration Of Scott Williamson, # 11 Declaration Of Stacie Dobbs, # 12 Exhibit 1, # 13 Exhibit 2, # 14 Exhibit 3, # 15 Declaration Of Christopher Larkins, # 16 Declaration Of Matthew D. Powers, # 17 Exhibit 1, # 18 Proposed Order)(Powers, Matthew) |
| Filing 23 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Second Amended Complaint and/or MOTION to Strike Amended Complaint # 21 # 22 filed by defendant Apple Inc. (Attachments: # 1 Declaration of Matthew D. Powers in Support of, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Proposed Order)(Powers, Matthew) |
| Filing 22 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint and/or , MOTION to Strike Amended Complaint # 21 ( Motion set for hearing on 8/26/2013 at 09:30 AM before Judge Gary A. Feess.) filed by defendant Apple Inc. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order)(Powers, Matthew) |
| Filing 21 SECOND AMENDED COMPLAINT against defendants Apple Inc, Does amending Notice of Removal # 1 , filed by plaintiff Ross Missaghi. (bm) |
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Filing 20
NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Gary A. Feess ORDERING Second Amended Complaint submitted by Plaintiff Ross Missaghi received on 6/18/13 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (bm)
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| Filing 19 DECLARATION of Douglas W. Perlman Re Second Amended Complaint filed by Plaintiff Ross Missaghi. (Perlman, Douglas) |
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Filing 18
MINUTES (IN CHAMBERS): ORDER RE: MOTION TO DISMISS & STRIKE by Judge Gary A. Feess: The Court GRANTS Apple's motion in part as follows: (1) Plaintiff's FAC is DISMISSED with leave to amend for lack of standing. (2) Plaintiff's breach of express warranty, breach of implied warranty, MAA, and UCL claims are DISMISSED with leave to amend. (3) Plaintiff's unjust enrichment claim and his Section 17531 claim are DISMISSED with prejudice. (3) The Court STRIKES all allegations stemming from the iPhone model Plaintiff never purchased. (4) The Court STRIKES Plaintiff's injunctive relief remedy. (5) Apple's motion to strike the class definition is DENIED. Plaintiff must file an amended pleading no later than 5:00 p.m. Monday, June 17, 2013. The hearing on this motion, presently scheduled for Monday, June 10, 2013, is hereby VACATED.granting # 12 Motion to Dismiss Case (bp)
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| Filing 17 NOTICE of Appearance filed by attorney Victoria L Weatherford on behalf of Defendant Apple Inc (Weatherford, Victoria) |
| Filing 16 NOTICE of Related Case(s) filed by Defendant Apple Inc. Related Case(s): USDC/NDCA No. 13-CV-2167-EMC (Attachments: # 1 Exhibit A)(Weatherford, Victoria) |
| Filing 15 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case and/or To Strike First Amended Complaint # 12 filed by Defendant Apple Inc. (Attachments: # 1 Declaration of Matthew D. Powers, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Proposed Order)(Powers, Matthew) |
| Filing 14 REPLY in support of MOTION to Dismiss Case and/or To Strike First Amended Complaint # 12 filed by Defendant Apple Inc. (Powers, Matthew) |
| Filing 13 MEMORANDUM in Opposition to MOTION to Dismiss Case and/or To Strike First Amended Complaint # 12 filed by Plaintiff Ross Missaghi. (Perlman, Douglas) |
| Filing 12 NOTICE OF MOTION AND MOTION to Dismiss Case and/or To Strike First Amended Complaint filed by Defendant Apple Inc. Motion set for hearing on 6/10/2013 at 09:30 AM before Judge Gary A. Feess. (Attachments: # 1 Memorandum of Points and Authorities in Support, # 2 Proposed Order)(Powers, Matthew) |
| Filing 11 DEMAND for Jury Trial filed by plaintiff Ross Missaghi.. (Perlman, Douglas) |
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Filing 10
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT AND SET BRIEFING SCHEDULE Stipulation Extending Time to Answer (30 days or less) # 7 . The Stipulation is approved; and Defendant is directed to file its response to Plaintiff's Amended Complaint on or before April 19, 2013, by Judge Gary A. Feess (bp)
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| Filing 7 STIPULATION Extending Time to Answer the complaint as to Apple Inc answer now due 4/19/2013, filed by Defendant Apple Inc. (Attachments: # 1 Proposed Order)(Powers, Matthew) |
| Filing 6 Proof OF SERVICE filed by Defendant Apple Inc, Proof of Service of Amended Notice to State Court and Adverse Parties of Removal served on 3/22/13. (Larson, Kelsey) |
| Filing 9 DECLARATION of Mark Buckley in support of Amended Notice of Removal (Non-Motion) # 8 filed by Defendant Apple Inc. (bp) |
| Filing 8 AMENDED NOTICE OF REMOVAL filed by Defendant Apple Inc. Amendment to Notice of Removal, # 1 (bp) |
| Filing 5 PROOF OF SERVICE filed by Defendant Apple Inc, /Proof of Service of Notice to State Court and Adverse Parties of Removal served on 03/20/2013. (Larson, Kelsey) |
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