Diep v. Apple, Inc.
Plaintiff: Hadona Diep
Defendant: Apple Inc
Case Number: 4:2021cv10063
Filed: December 29, 2021
Court: US District Court for the Northern District of California
Presiding Judge: Jacqueline Scott Corley
Referring Judge: Phyllis J Hamilton
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1391
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 19, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 11, 2022 Opinion or Order Filing 30 CLERK'S NOTICE VACATING CASE MANAGEMENT CONFERENCE. YOU ARE HEREBY NOTIFIED that the initial case management conference set for 4/14/2022 at 2:00 PM is VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kc, COURT STAFF) (Filed on 2/11/2022)
February 11, 2022 Opinion or Order Filing 29 STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO THE COMPLAINT by Judge Phyllis J. Hamilton granting #28 Stipulation. (kc, COURT STAFF) (Filed on 2/11/2022)
February 11, 2022 Opinion or Order Filing 28 STIPULATION WITH PROPOSED ORDER re #1 Complaint, Stipulation to Extend Time for Defendant, Apple, Inc. to Respond to the Complaint filed by Apple Inc. (Attachments: #1 Declaration of Isabelle L. Ord)(Ord, Isabelle) (Filed on 2/11/2022)
January 13, 2022 Opinion or Order Filing 27 ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 4/7/2022. Initial Case Management Conference set for 4/14/2022 at 02:00 PM - Videoconference Only. Signed by Judge Phyllis J. Hamilton on 1/13/2022. (kc, COURT STAFF) (Filed on 1/13/2022)
January 13, 2022 Opinion or Order Filing 26 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Phyllis J. Hamilton for all further proceedings. Magistrate Judge Jacqueline Scott Corley no longer assigned to case. Signed by Clerk on 01/13/2022. (mbc, COURT STAFF) (Filed on 1/13/2022)
January 13, 2022 Opinion or Order Filing 25 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ahm, COURT STAFF) (Filed on 1/13/2022)
January 12, 2022 Opinion or Order Filing 24 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Apple Inc.. (Ord, Isabelle) (Filed on 1/12/2022)
January 12, 2022 Opinion or Order Filing 23 NOTICE of Appearance by Isabelle Louise Ord (Ord, Isabelle) (Filed on 1/12/2022)
December 30, 2021 Opinion or Order Filing 22 CLERK'S NOTICE Re: Consent or Declination: Plaintiff and Defendant shall file a consent or declination to proceed before a magistrate judge by January 13 2022. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahm, COURT STAFF) (Filed on 12/30/2021)
December 29, 2021 Opinion or Order Filing 21 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/24/2022. Initial Case Management Conference set for 3/31/2022 at 1:30 PM in San Francisco, Courtroom E, 15th Floor. (wsn, COURT STAFF) (Filed on 12/29/2021)
December 29, 2021 Opinion or Order Filing 20 Case transferred in from District of Maryland; Case Number 8:21-cv-02359. Original file certified copy of transfer order and docket sheet received.
December 23, 2021 Opinion or Order Filing 19 ORDER granting #13 Motion to Transfer Case; TRANSFERRING case to United States District Court for the Northern District of California. Signed by Judge Peter J. Messitte on 12/23/2021. (ybs, Deputy Clerk)
December 23, 2021 Opinion or Order Filing 18 NOTICE of Appearance by Ellen Elizabeth Dew on behalf of Apple, Inc. (Dew, Ellen)
December 23, 2021 Opinion or Order Filing 17 NOTICE of Appearance by Emily Maria Steiner on behalf of Apple, Inc. (Steiner, Emily)
December 23, 2021 Opinion or Order Filing 16 STIPULATION (JOINT) Regarding Motion to Transfer Venue and Deadline to Respond to Complaint by Apple, Inc. (Attachments: #1 Text of Proposed Order Granting Motion to Transfer and Extending Deadline to Respond to Complaint)(Thupari, Amor)
December 23, 2021 Opinion or Order Filing 15 NOTICE of Appearance by Amor Neill Thupari on behalf of Apple, Inc. (Thupari, Amor)
December 16, 2021 Opinion or Order Filing 14 SUMMONS Returned Executed by Hadona Diep. Apple, Inc. served on 12/9/2021, answer due 12/30/2021.(Griffin, Edward)
November 4, 2021 Opinion or Order Filing 13 MOTION to Transfer Case by Hadona Diep (Attachments: #1 Text of Proposed Order)(Whitaker, Joshua)
October 14, 2021 Opinion or Order Filing 12 PAPERLESS ORDER CANCELLING Show Cause Hearing re: #8 Order to Show Cause. Signed by Magistrate Judge Charles B. Day on 10/14/2021. (jf3s, Deputy Clerk)
October 14, 2021 Opinion or Order Case Reassigned to Judge Peter J. Messitte. Magistrate Judge Charles B. Day no longer assigned to the case. (jf3s, Deputy Clerk)
October 12, 2021 Opinion or Order Filing 10 NOTICE OF DEFICIENCY re: #9 Consent/Decline to Proceed Before a US Magistrate Judge. Hadona Diep must correct the following error(s):**Pursuant to the Magistrate Judge Pilot Project Procedures, consent/declination forms are to be filed with the event 25 Pct Mag Consent to Proceed Before a Magistrate Judge OR 25 Pct Mag Decline to Proceed Before a Magistrate Judge, both located in Other Filings >Other Documents. **Incorrect form used - complete the form Consent to Exercise of Jurisdiction by United States Magistrate Judge which can be downloaded #here and refile using the event 25 Pct Mag Consent to Proceed Before a Magistrate Judge OR 25 Pct Mag Decline to Proceed Before a Magistrate Judge, both located in Other Filings >Other Documents. (ybs, Deputy Clerk)
October 12, 2021 Opinion or Order Filing 9 (FILED IN ERROR) Consent to Magistrate Judge (Whitaker, Joshua) Modified on 10/12/2021 (ybs, Deputy Clerk).
October 1, 2021 Opinion or Order Filing 8 ORDER directing Hadona Diep to show cause for failure to comply with #Standing Order 2019-07. Show Cause Hearing set for 11/26/2022 02:00 PM in (proceed to the Clerk's Office to determine the location of the hearing) before Magistrate Judge Charles B. Day. This Order shall be vacated if Hadona Diep files a consent or declination prior to the show cause hearing date. Signed by Magistrate Judge Charles B. Day on 10/1/2021. (ybs, Deputy Clerk) Modified on 10/12/2021 (ybs, Deputy Clerk).
September 16, 2021 Opinion or Order Filing 7 NOTICE of Appearance by Joshua Graeme Whitaker on behalf of Hadona Diep (Whitaker, Joshua)
September 16, 2021 Opinion or Order Filing 6 Local Rule 103.3 Disclosure Statement by Hadona Diep (Whitaker, Joshua)
September 16, 2021 Opinion or Order Filing 5 Summons Issued 21 days as to Apple, Inc..(ybs, Deputy Clerk)
September 16, 2021 Opinion or Order Filing 4 Case Management Order. Signed by Magistrate Judge Charles B. Day on 9/16/2021. (ybs, Deputy Clerk)
September 16, 2021 Opinion or Order Filing 3 NOTICE of Case Assignment. This case has been assigned to Magistrate Judge Charles B. Day. Hadona Diep or counsel for Hadona Diep are required to review and comply with the Magistrate Judge Pilot Project Procedures which can be downloaded #here. Pursuant to Standing Order 2019-07, which can be downloaded #here, counsel has 14 days from the date of this notice to file their consent, or decline to consent to proceed before a U.S. Magistrate Judge which can be downloaded #here. To file your consent, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Consent to Proceed Before a Magistrate Judge. To file your declination, go to Civil > Other Filings > Other Documents > 25 Pct Mag - Decline to Proceed Before a Magistrate Judge. Failure to file a consent or declination will result in issuance of an Order to Show Cause. Please review the case management order that has been issued in this case. Magistrate Election Form due by 9/30/2021. (ybs, Deputy Clerk)
September 16, 2021 Opinion or Order Filing 2 QC NOTICE: #1 Complaint, filed by Hadona Diep was filed incorrectly. **Incorrect events used.. ***Please re-file Disclosure Statement by selecting Other Filings Other Documents Local Rule 103.3 Disclosure Statement. ***Please enter corporate parent/affiliate(s) when prompted. Each attorney must file their own Entry of Appearance using the correct event. Please re-file Entry of Appearance using the event "Notice of Appearance". (ybs, Deputy Clerk)
September 16, 2021 Opinion or Order Filing 1 COMPLAINT against Apple, Inc. ( Filing fee $ 402 receipt number 0416-9495812.), filed by Hadona Diep. (Attachments: #1 Civil Cover Sheet, #2 Attachment Corporate Disclosure Form, #3 Attachment Entry of Appearance - Whitaker, #4 Attachment Entry of Appearance - Griffin, #5 Summons)(Whitaker, Joshua)

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Plaintiff: Hadona Diep
Represented By: Joshua Graeme Whitaker
Represented By: Edward Nelson Griffin
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Defendant: Apple Inc
Represented By: Amor Neill Thupari
Represented By: Ellen Elizabeth Smith
Represented By: Emily Maria Steiner
Represented By: Isabelle Louise Ord
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