Pittman v. Apple, Inc. Featured Case
Plaintiff: James Pittman
Defendant: Apple, Inc.
Case Number: 5:2008cv05375
Filed: November 26, 2008
Court: US District Court for the Northern District of California
Office: Personal Property: Other Office
County: XX US, Outside State
Presiding Judge: James Ware
Presiding Judge: Richard Seeborg
Nature of Suit: Plaintiff
Cause of Action: Diversity
Jury Demanded By: 28:1332 Diversity-Personal Injury
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Docket Report

This docket was last retrieved on March 26, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 14, 2010 Filing 50 *****FILED IN ERROR -- DUPLICATE OF DOCKET #49*****ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Patricia V. Trumbull for all discovery matters. Judge Richard Seeborg no longer assigned to the case.Signed by The Executive Committee on 01/14/2010. (tsh, COURT STAFF) (Filed on 1/14/2010)
January 14, 2010 Opinion or Order Filing 49 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Patricia V. Trumbull for all discovery matters. Judge Richard Seeborg no longer assigned to the case.Signed by The Executive Committee on 01/14/2010. (tsh, COURT STAFF) (Filed on 1/14/2010)
September 16, 2009 Opinion or Order Filing 48 ORDER DENYING MOTION TO APPEAR AT 9/21/2009 CASE MANAGEMENT CONFERENCEBY TELEPHONE (8) Motion to Appear by Telephone in case M:09-cv-02045-JW. Signed by Judge James Ware on 9/16/2009. (ecg, COURT STAFF) (Filed on 9/16/2009)
August 12, 2009 Opinion or Order Filing 47 ORDER LIFTING STAY AND SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Conference statement due 9/11/2009. Initial Case Management Conference set for 9/21/2009 10:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 8/11/2009. (ecg, COURT STAFF) (Filed on 8/12/2009)
July 10, 2009 Filing 46 STATUS REPORT (JOINT) by James Pittman. (Attachments: # 1 Proof of Service)(Mansfield, Alan) (Filed on 7/10/2009)
July 2, 2009 Filing 45 NOTICE by James Pittman OF MDL PANEL RULING (Attachments: # 1 Proof of Service)(Mansfield, Alan) (Filed on 7/2/2009)
June 1, 2009 Filing 44 NOTICE of Change of Address by Alan M. Mansfield (Attachments: # 1 Proof of Service)(Mansfield, Alan) (Filed on 6/1/2009)
April 8, 2009 Opinion or Order Filing 43 ORDER STAYING CASE PENDING MDL'S PANEL DETERMINATION ON MOTIONS TO TRANSFER; Vacating Hearing (31) Motion to Appoint Counsel ; Vacating Hearing (32) Motion to Consolidate Cases in case 5:08-cv-05375-JW; Vacating Hearing (27) Motion to Appoint Counsel ; Vacating Hearing (28) Motion to Consolidate Cases in case 5:08-cv-05810-JW; Vacating Hearing (21) Motion to Appoint Counsel ; Vacating Hearing (22) Motion to Consolidate Cases in case 5:09-cv-00121-JW; Vacating Hearing (26) Motion to Appoint Counsel ; Vacating Hearing (27) Motion to Consolidate Cases in case 5:09-cv-00122-JW; Vacating Hearing (23) Motion to Appoint Counsel ; Vacating Hearing (24) Motion to Consolidate Cases in case 5:09-cv-00187-JW; Vacating Hearing (47) Motion to Appoint Counsel ; Vacating Hearing (48) Motion to Consolidate Cases in case 5:09-cv-00275-JW; Vacating Hearing (37) Motion to Appoint Counsel ; Vacating Hearing (38) Motion to Consolidate Cases in case 5:09-cv-01028-JW; Vacating Hearing (23) Motion to Appoint Counsel ; Vacating Hearing (24) Motion to Consolidate Cases in case 5:09-cv-00330-JW. The Court finds good cause to STAY these cases pending the Panel's decision. Accordingly, all pending Motions currently set for hearing on April 13, 2009 are ordered off calendar. All deadlines are VACATED, including the Case Management Conference currently set for the same day. Within ten (10) days of the Panel's decision, the parties shall file a Joint Status Statement. The Statement shall include, among other things, the parties' request to lift the stay and a proposed schedule to address the pending motions. Signed by Judge James Ware on 4/7/2009 (ecg, COURT STAFF) (Filed on 4/8/2009)
April 8, 2009 *** Deadlines terminated, STAYED(Case Stayed) flag set. (ecg, COURT STAFF) (Filed on 4/8/2009)
April 6, 2009 Filing 42 Certificate of Interested Entities by James Pittman (Phocas, Alexis) (Filed on 4/6/2009)
April 6, 2009 Filing 41 NOTICE of Appearance by Alexis Alexander Phocas (Phocas, Alexis) (Filed on 4/6/2009)
April 3, 2009 Opinion or Order Filing 40 RELATED CASE ORDER. Signed by Judge James Ware on 4/2/2009. (ecg, COURT STAFF) (Filed on 4/3/2009)
April 3, 2009 Opinion or Order Filing 39 ORDER GRANTING 33 MOTION to Relate Case C09-1028 RS to C08-5375. Related cases: Create association to 5:09-cv-01028-RS. Motions terminated: 33 MOTION to Relate Case C09-1028 RS to C08-5375. Signed by Judge James Ware on 4/2/2009. (ecg, COURT STAFF) (Filed on 4/3/2009)
April 2, 2009 Filing 38 JOINT CASE MANAGEMENT STATEMENT filed by James Pittman. (Attachments: # 1 Proof of Service)(Mansfield, Alan) (Filed on 4/2/2009) Modified on 4/3/2009,(counsel used incorrect event.) (cv, COURT STAFF).
April 1, 2009 Opinion or Order Filing 37 STIPULATION AND ORDER Extending Time to Respond to Complaint re 35 Stipulation. Deadline for Apple, Inc. to respond due 4/29/2009. Signed by Judge James Ware on 4/1/2009. (ecg, COURT STAFF) (Filed on 4/1/2009)
March 30, 2009 Filing 36 RESPONSE in Support re 31 MOTION to Appoint Lead Counsel (Interim Class Counsel Structure (on Behalf of Plaintiffs in Related Actions) filed by James Pittman. (Mansfield, Alan) (Filed on 3/30/2009) Modified on 3/31/2009 (cv, COURT STAFF).
March 26, 2009 Filing 35 STIPULATION Extending Time to Respond to Complaint by Apple, Inc.. (Preovolos, Penelope) (Filed on 3/26/2009)
March 20, 2009 Filing 34 PROOF OF SERVICE An Attorney for Arron WALTERS in case number C09-187 JW re: Motion for Pro Hac Vice of Attorney Joe R. Whatley Jr. and the [Proposed] Order of Attorney Joe R. Whatley Jr. (cv, COURT STAFF) (Filed on 3/20/2009)
March 20, 2009 Filing 33 MOTION to Relate C09-1028 RS to C08-5375 JW Case filed by James Pittman. (Fauth, Gordon) (Filed on 3/20/2009) Modified on 3/23/2009 (cv, COURT STAFF).
March 20, 2009 Filing 32 MOTION to Consolidate C08-5375 JW, C08-5810 JW, C09-121 JW, C09-122 JW, C09-187 JW, C09-330 JW, C09-275 JW, Related Cases; MOTION to related and Consolidate C09-1028 RS; MOTION for leave to File Consolidated Complaint filed by James Pittman. Motion Hearing set for 4/13/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Mansfield Declaration in Support of Motion, # 2 Proposed Order, # 3 Proof of Service)(Mansfield, Alan) (Filed on 3/20/2009) Modified on 3/23/2009,**(counsel failed to select multiple motions.) (cv, COURT STAFF). Modified on 3/23/2009 (cv, COURT STAFF).
March 20, 2009 Filing 31 MOTION to Appoint Whatley Drake & Kallas, LLC as Lead Interim Class Counsel Structure filed by James Pittman. Motion Hearing set for 4/13/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Mansfield Declaration in Support of Motion, # 2 Exhibit to Mansfield Decl., # 3 Proposed Order, # 4 Proof of Service)(Mansfield, Alan) (Filed on 3/20/2009) Modified on 3/23/2009 (cv, COURT STAFF).
March 13, 2009 Opinion or Order Filing 30 RELATED CASE ORDER.Related cases: Create association to 5:09-cv-00275-RS; 5:09-cv-00330 JSW to 5:08-cv-05375-JW. Signed by Judge James Ware on 3/13/2009. (ecg, COURT STAFF) (Filed on 3/13/2009)
March 12, 2009 Motions terminated pursuant to 29 Order : 18 MOTION to Relate Case filed by James Pittman. (ecg, COURT STAFF) (Filed on 3/12/2009)
March 12, 2009 Opinion or Order Filing 29 ORDER GRANTING 18 MOTION to Relate Case; DIRECTING PARTICIPATION IN SCHEDULED BRIEFING. Related cases: Create association to 5:09-cv-00275-RS; 5:09-cv-00330 JSW. Motion Hearing set for 4/13/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. Joint Case Management Conference statement due 4/3/2009. Further Case Management Conference set for 4/13/2009 10:00 AM. Please see Order for further specifics. Signed by Judge James Ware on 3/13/2009.(ecg, COURT STAFF) (Filed on 3/12/2009) Modified on 3/16/2009 (cv, COURT STAFF).
March 11, 2009 Filing 28 SECOND SUPPLEMENTAL Notice that on 3/11/09 in connection with the motion filed with the Judicial Panel Multidistrict Litigation to transfer and consolidation of this and eleven similar actions Pursuant to 28 U.S.C. § 1407 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Preovolos, Penelope) (Filed on 3/11/2009) Modified on 3/11/2009 (cv, COURT STAFF).
March 10, 2009 Filing 27 SUPPLEMENTAL to 26 Notice that on 3/10/09, in connection with the motion filed with the Judicial Panel Multidistrict Litigation to transfer and consolidation of this and eleven similar actions Pursuant to 28 U.S.C. § 1407 (Attachments: # 1 Exhibit A - Revised Schedule A to MDL Petition, # 2 Exhibit B - Revised POS)(Preovolos, Penelope) (Filed on 3/10/2009) Modified on 3/11/2009 (cv, COURT STAFF).
March 5, 2009 Filing 26 Notice that on 3/5/09 Apple Submitted for Filing with the Judicial Panel Multidistrict Litigation a motion to transfer and consolidation of this and eleven similar actions Pursuant to 28 U.S.C. § 1407 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Preovolos, Penelope) (Filed on 3/5/2009) Modified on 3/11/2009 (cv, COURT STAFF).
March 5, 2009 Opinion or Order Filing 25 ORDER VACATING CASE MANAGEMENT CONFERENCE; SETTING HEARING ON MOTION RE:CONSOLIDATION AND APPOINTMENT OF INTERIM CLASS-COUNSEL re (17 in 5:08-cv-05375-JW) Stipulation, (22 in 5:08-cv-05375-JW) Case Management Statement filed, (21 in 5:08-cv-05375-JW) Stipulation, (16 in 5:08-cv-05375-JW) Stipulation. Deadline to File Motion re Consolidation/Appoint of Interim Class-Counsel due 3/20/2009, Opposition due 3/30/2009, Replies due 4/2/2009. Motion Hearing set for 4/13/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. Joint a Joint Case Management Statement due 4/3/2009. Case Management Conference set for 4/13/2009 10:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 3/5/2009. (ecg, COURT STAFF) (Filed on 3/5/2009)
March 3, 2009 Filing 24 NOTICE of Appearance by Heather A. Moser (Moser, Heather) (Filed on 3/3/2009)
February 27, 2009 Opinion or Order Filing 23 STIPULATION AND ORDER Extending Time to Respond to Complaint re 19 Stipulation filed by Apple, Inc. Deadline to respond due 3/30/2009. Signed by Judge James Ware on 2/27/2009. (ecg, COURT STAFF) (Filed on 2/27/2009)
February 26, 2009 Filing 22 JOINT CASE MANAGEMENT STATEMENT filed by James Pittman. (Attachments: # 1 Proof of Service)(Mansfield, Alan) (Filed on 2/26/2009) Modified on 2/26/2009,**(counsel used incorrect event.) (cv, COURT STAFF).
February 26, 2009 Filing 21 AMENDED STIPULATION and [Proposed] Order Approving Plaintiffs' Counsel Structure by James Pittman. (Attachments: # 1 Declaration in Support of Amended Stipulation, # 2 Proof of Service)(Mansfield, Alan) (Filed on 2/26/2009) Modified on 3/3/2009 (cv, COURT STAFF).
February 25, 2009 Filing 20 Certificate of Interested Entities by Apple, Inc. Certification of Interested Entities or Persons (Preovolos, Penelope) (Filed on 2/25/2009)
February 25, 2009 Filing 19 STIPULATION Extending Time to Respond to Complaint by Apple, Inc.. (Preovolos, Penelope) (Filed on 2/25/2009)
February 20, 2009 Filing 18 MOTION to RELATED cases C08-5375 JW, C09-275 RS, C09-330 JSW (Fauth, Gordon) (Filed on 2/20/2009) Modified on 2/20/2009,(counsel used incorrect event.) (cv, COURT STAFF).
February 18, 2009 Filing 17 STIPULATION and [Proposed] Consolidation, Counsel Structure and Scheduling Order by James Pittman. (Attachments: # 1 Proof of Service)(Mansfield, Alan) (Filed on 2/18/2009)
February 18, 2009 Filing 16 STIPULATION and [Proposed] Order Approving Plaintiffs' Counsel Structure by James Pittman. (Attachments: # 1 Proof of Service)(Mansfield, Alan) (Filed on 2/18/2009) Modified on 2/26/2009 (cv, COURT STAFF).
February 13, 2009 Filing 15 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Parties and Counsel (Mansfield, Alan) (Filed on 2/13/2009)
February 13, 2009 Filing 14 Notice of Need for ADR Phone Conference (Preovolos, Penelope) (Filed on 2/13/2009) Modified on 2/25/2009,(counsel used incorrect event,correct event is ADR documents.) (cv, COURT STAFF).
February 13, 2009 Filing 13 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Parties and Counsel (Preovolos, Penelope) (Filed on 2/13/2009)
February 6, 2009 Opinion or Order Filing 12 STIPULATION AND ORDER Extending Time to Respond to Complaint re 11 Stipulation filed by Apple, Inc. Deadline to respond set for 2/27/2009. Signed by Judge James Ware on 2/6/2009. (ecg, COURT STAFF) (Filed on 2/6/2009)
January 27, 2009 Filing 11 STIPULATION Extending Time to Respond to Complaint by Apple, Inc.. (Preovolos, Penelope) (Filed on 1/27/2009)
January 23, 2009 Set Deadlines/Hearings: Case Management Statement due by 2/27/2009. Case Management Conference set for 3/9/2009 10:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. (ecg, COURT STAFF) (Filed on 1/23/2009)
January 23, 2009 Opinion or Order Filing 10 ORDER RELATING ALL FIVE CASES; VACATING CASE SCHEDULE; SETTING CASE MANAGEMENT CONFERENCE. The Court VACATES pending calendar dates in ALL FILE CASES. In the Joint Statement, the parties SHALL address the issue of whether these FIVE RELATED cases should be consolidated and provide a proposed schedule to advance the consolidated case. ALL filings SHALL continue to be filed in each separate action until consolidation or further order of the Court. Signed by Judge James Ware on January 23, 2009. (jwlc3, COURT STAFF) (Filed on 1/23/2009) Modified on 1/27/2009 (cv, COURT STAFF).
December 29, 2008 Opinion or Order Filing 9 STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT re 8 Stipulation. Deadline to respond by 1/28/2009. Signed by Judge James Ware on 12/29/2008. (ecg, COURT STAFF) (Filed on 12/29/2008)
December 26, 2008 Filing 8 STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT by James Pittman. (Fauth, Gordon) (Filed on 12/26/2008)
December 16, 2008 Filing 7 CERTIFICATE OF SERVICE by James Pittman (Fauth, Gordon) (Filed on 12/16/2008)
December 4, 2008 Opinion or Order Filing 6 ORDER REASSIGNING CASE. Case reassigned to District Judge James Ware for all further proceedings and Magistrate Judge Richard Seeborg for all discovery matters. Signed by The Executive Committee on 12/04/08. (tsh, COURT STAFF) (Filed on 12/4/2008) Modified on 2/26/2009 (cv, COURT STAFF).
December 4, 2008 Filing 5 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (mpb, COURT STAFF) (Filed on 12/4/2008)
December 3, 2008 Filing 4 Declination to Proceed Before a U.S. Magistrate Judge by Apple, Inc. And Request For Reassignment to A United States District Judge. (Muhlbach, Andrew) (Filed on 12/3/2008)
November 26, 2008 Filing 3 Summons Issued as to Apple, Inc. (bw, COURT STAFF) (Filed on 11/26/2008) (bw, COURT STAFF).
November 26, 2008 Filing 2 ADR SCHEDULING ORDER: Case Management Statement due by 3/18/2009. Case Management Conference set for 3/25/2009 02:30 PM. (bw, COURT STAFF) (Filed on 11/26/2008) (bw, COURT STAFF).
November 26, 2008 Filing 1 CLASS ACTION COMPLAINT against Apple, Inc. (Summons Issued); jury demand; ( Filing fee $ 350, receipt number 44611002873). Filed by James Pittman. (bw, COURT STAFF) (Filed on 11/26/2008) (Additional attachment(s) added on 12/2/2008: # 1 Civil Cover Sheet) (bw, COURT STAFF).
November 26, 2008 CASE DESIGNATED for Electronic Filing. (bw, COURT STAFF) (Filed on 11/26/2008)

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Plaintiff: James Pittman
Represented By: Gordon M. Fauth, Jr.
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Defendant: Apple, Inc.
Represented By: Andrew David Muhlbach
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