Smith, et al v. Apple, Inc. Featured Case
Plaintiff: Jessica Alena Smith and Wilton Lee Triggs, II
Defendant: Apple, Inc.
Case Number: 5:2009cv01028
Filed: March 12, 2009
Court: US District Court for the Northern District of California
Office: Contract: 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-Other Contract
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 Opinion or Order Filing 51 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 50 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 49 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 48 STATUS REPORT (JOINT) by Jessica Alena Smith, Wilton Lee Triggs, II. (Attachments: # 1 Proof of Service)(Mansfield, Alan) (Filed on 7/10/2009)
July 2, 2009 Filing 47 NOTICE by Jessica Alena Smith, Wilton Lee Triggs, II OF MDL PANEL RULING (Attachments: # 1 Proof of Service)(Mansfield, Alan) (Filed on 7/2/2009)
April 8, 2009 *** Deadlines terminated, STAYED(Case Stayed) flag set. (ecg, COURT STAFF) (Filed on 4/8/2009)
April 8, 2009 Opinion or Order Filing 46 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 7, 2009 Opinion or Order Filing 45 ORDER Granting 44 Motion to Substitute Attorney. Added attorney Andrew David Muhlbach for Apple, Inc. Attorney Samuel H Franklin; Gray M Borden and Sara Anne Ford terminated. Signed by Judge James Ware on 4/7/2009. (ecg, COURT STAFF) (Filed on 4/7/2009)
April 6, 2009 Filing 44 MOTION to Substitute Attorney by Penelope Athene Preovolos Defendant Apple Inc.'s Notice of Substitution of Counsel and [Proposed] Order (Attachments: # 1 Exhibit A)(Preovolos, Penelope) (Filed on 4/6/2009) Modified on 4/6/2009,(counsel used incorrect event.) (cv, COURT STAFF).
April 3, 2009 Pursuant to Related Case Order ( 43 ). Case reassigned to District Judge James Ware for all further proceedings and Magistrate Judge Richard Seeborg for all discovery matters. (tsh, COURT STAFF) (Filed on 4/3/2009)
April 3, 2009 Opinion or Order Filing 43 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 42 ORDER GRANTING 39 MOTION to Relate Case filed by James R. Pittman. Related cases: Create association to 5:08-cv-05375-JW.Motions terminated: 39 MOTION to Relate Case filed by James R. Pittman. Signed by Judge James Ware on 4/2/2009. (ecg, COURT STAFF) (Filed on 4/3/2009)
April 3, 2009 Filing 41 JOINT CASE MANAGEMENT CONFERENCE STATEMENT filed by Wilton Lee Triggs, II, Jessica Alena Smith. (Attachments: # 1 Proof of Service)(Mansfield, Alan) (Filed on 4/3/2009) Modified on 4/3/2009 (bw, COURT STAFF).
March 31, 2009 Filing 40 Certification of Interested Entities or Persons by Apple, Inc. (Moser, Heather) (Filed on 3/31/2009) Modified on 4/3/2009 (bw, COURT STAFF).
March 20, 2009 Filing 39 Administrative MOTION to Consider Whether Cases Should be Related (re 08-5375JW etc ) filed by James R. Pittman. (Fauth, Gordon) (Filed on 3/20/2009) Text modified on 3/23/2009 (bw, COURT STAFF).
March 20, 2009 Filing 38 Joint MOTION to Consolidate Related Actions and to Permit Filing of Consolidated Complaint; Memorandum of Points and Authorities in Support thereof filed by Wilton Lee Triggs, II, Jessica Alena Smith. 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) Text modified on 3/23/2009 (bw, COURT STAFF).
March 20, 2009 Filing 37 Joint Notice of MOTION for Appointment of Interim Class Counsel Structure filed by Wilton Lee Triggs, II, Jessica Alena Smith. 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 Declaration # 3 (Proposed)Order, # 4 Proof of Service) (Mansfield, Alan) (Filed on 3/20/2009) Text modified on 3/23/2009 (bw, COURT STAFF).
March 12, 2009 Filing 35 NOTICE OF FILING OF MOTION TO TRANSFER PURSUANT TO 28 U.S.C. § 1407 by Apple, Inc. (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)(Preovolos, Penelope) (Filed on 3/12/2009) Text modified on 3/13/2009 (bw, COURT STAFF).
March 12, 2009 Filing 34 Case transferred in from District of Alabama Northern; Case Number 2:08-cv-01498. Original file with documents numbered 1 - 33, certified copy of transfer order and docket sheet received.
March 10, 2009 Filing 36 ADR SCHEDULING ORDER: Case Management Statement due by 7/8/2009. Case Management Conference set for 7/15/2009 02:30 PM. (bw, COURT STAFF) (Filed on 3/10/2009)
February 23, 2009 Opinion or Order Filing 33 ORDER transferring case to another district: ORDER transferring case to the District of Northern California, San Jose Division; Clerk of Court in the Northern District of California will retrieve documents electronically. Signed by Judge William M Acker, Jr on 2/23/09. (KGE)
February 20, 2009 Filing 32 MOTION to Change Venue Motion for Transfer of Action to Northern District of California, San Jose Division by Wilton Lee Triggs, II, Jessica Alena Smith. (Garrison, W)
February 17, 2009 Filing 31 NOTICE of Hearing on Motion: 27 Pla MOTION to Amend/Correct Complaint : Motion Hearing set for 3/13/2009 09:00 AM before Judge William M Acker Jr. (KWC)
February 17, 2009 Opinion or Order Filing 30 ORDER that unless by 4:30 p.m., 2/25/09, pla files an amendment to current proposed amendment or withdraws her motion for leave to amend, court will grant pla's motion for leave to amend and dismiss action w/out prejudice for lack of jurisdiction. Signed by Judge William M Acker, Jr on 2/17/09. (ASL, )
February 13, 2009 Minute Entry for proceedings held before Judge William M Acker, Jr: Motion Hearing held on 2/13/2009 re 27 MOTION to Amend/Correct Complaint; (Court Reporter Sabrina Lewis) (KWC)
January 22, 2009 Opinion or Order ORDER granting and ordering accordingly 29 Motion for Extension of Time. Signed by Judge William M Acker, Jr on 01/22/09. (SKB)
January 21, 2009 Filing 29 Joint MOTION for Extension of Time by Wilton Lee Triggs, II, Jessica Alena Smith. (Hancock, Brian)
January 20, 2009 Filing 28 NOTICE of Hearing on Motion 27 Plas' MOTION to Amend/Correct Complaint : Motion Hearing set for 2/13/2009 09:00 AM before Judge William M Acker Jr. (KWC)
January 15, 2009 Filing 27 MOTION to Amend/Correct Complaint by Wilton Lee Triggs, II, Jessica Alena Smith. (Hancock, Brian)
January 15, 2009 Opinion or Order ORDER Striking Document 26, Plaintiffs' Second Amendment to Complaint. Signed by Judge William M Acker, Jr., on 1/15/09. (CJC)
January 14, 2009 Filing 26 AMENDED COMPLAINT Plaintiffs' Second Amendment to Complaint against Apple, Inc., filed by Wilton Lee Triggs, II, Jessica Alena Smith.(Hancock, Brian)
January 14, 2009 Filing 25 NOTICE of Appearance by Brian D Hancock on behalf of all plaintiffs (Hancock, Brian)
January 13, 2009 Opinion or Order Filing 24 ORDER that the parties fully comply with their obligations under FRCP 26 and 16 by 1/23/09, or sanctions will be imposed. Signed by Judge William M Acker, Jr on 1/13/09. (KGE)
November 20, 2008 Opinion or Order Filing 23 ORDER by the court reminding the parties of their obligations under FRCP 7.1, 26 and 16. Signed by Judge William M Acker, Jr on 11/20/08. (KGE)
November 19, 2008 Filing 22 ANSWER to Complaint (Amended) by Apple, Inc..(Borden, Gray)
November 4, 2008 Opinion or Order Filing 21 ORDER In accordance with the memorandum opinion, the motion of dft, Apple, Inc., to dismiss the action is GRANTED as to Counts I and II of plas complaint,and the action insofar as it is contained in said counts is hereby DISMISSED w/ prej. This dismissal w/prej does not affect the rights of any members of the putative class. The motion to dismiss plas claim of unjust enrichment is DENIED. Dft shall answer the complaint w/i 10 days. Motions terminated: 13 Supplemental MOTION to Dismiss and 11 MOTION to Dismiss. Signed by Judge William M Acker, Jr on 11/4/08. (KGE, )
November 4, 2008 Filing 20 MEMORANDUM OPINION. Signed by Judge William M Acker, Jr on 11/4/08. (KGE)
October 24, 2008 Filing 19 MEMORANDUM OPINION. Signed by Judge William M Acker, Jr on 10/24/08. (KGE)
October 23, 2008 Minute Entry for proceedings held before Judge William M Acker, Jr: Motion Hearing held on 10/23/2008 re 13 Supplemental MOTION to Dismiss and 11 MOTION to Dismiss by dft; (KWC)
October 21, 2008 Filing 18 RESPONSE to Motion re 11 MOTION to Dismiss Plaintiffs' Amended Complaint for Failure to State a Claim and Memorandum in Support Thereof filed by Wilton Lee Triggs, II, Jessica Alena Smith. (Reisinger, Edward)
October 21, 2008 Filing 17 NOTICE of Appearance by Edward S Reisinger on behalf of all plaintiffs (Reisinger, Edward)
October 16, 2008 Opinion or Order Filing 16 ORDER granting 15 Joint MOTION to Continue hearing set for 10/17/08; a hearing is RESCHEDULED for 10/23/2008 09:30 AM before Judge William M Acker Jr. Signed by Judge William M Acker, Jr on 10/16/08. (KGE)
October 15, 2008 Filing 15 Joint MOTION to Continue hearing set for October 17, 2008 by Apple, Inc.. (Borden, Gray)
October 14, 2008 Filing 14 NOTICE of Hearing on Motion 13 Supplemental MOTION to Dismiss Plaintiffs' Amended Complaint for Failure to State a Claim, 11 MOTION to Dismiss Plaintiffs' Amended Complaint for Failure to State a Claim and Memorandum in Support Thereof : Motion Hearing set for 10/17/2008 09:00 AM before Judge William M Acker Jr. (KWC)
October 14, 2008 Filing 13 Supplemental MOTION to Dismiss Plaintiffs' Amended Complaint for Failure to State a Claim by Apple, Inc.. (Attachments: # 1 Exhibit Apple One Year Limited Warranty)(Borden, Gray)
October 10, 2008 Filing 12 Corporate Disclosure Statement by Apple, Inc.. (Borden, Gray)
October 10, 2008 Filing 11 MOTION to Dismiss Plaintiffs' Amended Complaint for Failure to State a Claim and Memorandum in Support Thereof by Apple, Inc.. (Borden, Gray)
September 18, 2008 Filing 10 ALIAS SUMMONS Returned for Apple Computer Inc which contained the Amended Complaint; no signature or date on green card (KGE)
September 16, 2008 Filing 9 ALIAS Summons issued as to Apple, Inc., mailed certified mail (contains the Amended Complaint) (KGE)
September 3, 2008 Filing 8 Return of service Unexecuted as to Apple, Inc. which contained the Amended Complaint (returned for additional.34 cent postage) (KGE)
August 29, 2008 Reset Deadlines per order: Apple, Inc. answer due 10/10/2008. (KWC)
August 29, 2008 Opinion or Order ORDER granting and ordering accordingly 7 Motion for Extension of Time to Answer Signed by Judge William M Acker, Jr. on 08/29/08. (CJC)
August 28, 2008 Filing 7 Joint MOTION for Extension of Time to File Answer re 1 Complaint, 5 Amended Document by Apple, Inc.. (Borden, Gray)
August 28, 2008 Filing 6 Summons Issued as to Apple, Inc., mailed amended complaint by certified mail (KGE)
August 25, 2008 Filing 5 AMENDED DOCUMENT by Jessica Alena Smith. Amendment to 1 Complaint. (Reisinger, Edward)
August 22, 2008 Filing 4 SUMMONS Returned Executed Apple, Inc. served on 8/21/2008, answer due 9/10/2008. (KGE)
August 20, 2008 Filing 3 Summons Issued as to Apple, Inc., mailed certified mail (KGE)
August 19, 2008 Filing 2 Request for service by certified mail filed by Jessica Alena Smith. (KGE)
August 19, 2008 Filing 1 COMPLAINT against Apple, Inc. (Filing fee $350 receipt #200 249335) filed by Jessica Alena Smith.(KGE)

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Plaintiff: Jessica Alena Smith
Represented By: Haydn M Trechsel
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Plaintiff: Wilton Lee Triggs, II
Represented By: Haydn M Trechsel
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Defendant: Apple, Inc.
Represented By: Penelope Athene Preovolos
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