Kevin Burwick et al v. Apple, Inc. et al
| Kevin Burwick and Heather Kimbrel |
| Apple, Inc., Pandora Media, Inc., Does, Admob Inc and Admarvel Inc |
| 5:2011cv04556 |
| September 21, 2011 |
| US District Court for the Northern District of California |
| San Jose Office |
| XX US, Outside State |
| Paul Singh Grewal |
| Lucy H. Koh |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 6, 2011. A more recent docket listing may be available from PACER.
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| Filing 46 CLERKS NOTICE advising counsel of receipt of case (Burwick, et al -v- Apple, Inc., et al, 2:11-cv-03450) from the Central District of California (OUR CASE NO. C11-04556) (dhm, COURT STAFF) (Filed on 9/27/2011) |
| Filing 45 Case transferred in from District of California Central; Case Number 2:11-cv-03450. Original file certified copy of transfer order and docket sheet received. |
| Filing 44 TRANSMITTAL LETTER - MDL CASE TRANSFER OUT: A Certified copy of MDL-2250 Conditional Transfer Order (CTO-1) with Docket Sheet. Case Extracted and Transferred via electronically to USDC, Northern District of California at San Francisco on 9/19/2011. (jp) |
| Filing 43 CONDITIONAL TRANSFER ORDER (CTO-1) from the Judicial Panel on Mutidistrict Litigation MDL 2250. Case Extracted and Transferred via Electronically to USDC, Northern District of California at San Francisco and assigned to the Honorable Lucy H. Koh on 9/19/2011. (MD JS-6. Case Terminated.) (jp) |
| Filing 42 Joint STIPULATION for Extension of Time to File Answer to 10/2/2011 re Amended Complaint, 20 filed by Plaintiffs Kevin Burwick, Heather Kimbrel. (Attachments: # 1 Proposed Order, # 2 Proof of Service)(Mansfield, Alan) |
| Filing 41 DER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT AND BRIEFING SCHEDULE 40 by Judge John F. Walter. Defendants' deadline for responding to the First Amended Complaint is September 2, 2011. Plaintiffs have until August 29, 2011 to file a Second Amended Complaint. See order for additional deadlines. (kbr) |
| Filing 40 Joint STIPULATION for Extension of Time to File Answer to September 2, 2011 re Amended Complaint, 20 filed by Defendant Apple, Inc.. (Attachments: # 1 Proposed Order)(Burlison, Teresa) |
Filing 39
MINUTE IN CHAMBERS ORDER CONTINUING SCHEDULING CONFERENCE by Judge John F. Walter: The Court has reviewed the Rule 26(f) Joint Scheduling Conference Report and Request to Continue Scheduling Conference filed on 8/1/2011 37 . The Court continues the Scheduling Conference set for 8/15/2011 at 8:30 AM., to 10/17/2011 at 8:30 AM. (jp)
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| Filing 38 JOINT ADR PROGRAM QUESTIONNAIRE filed by Plaintiffs Kevin Burwick, Heather Kimbrel. (Attachments: # 1 Proof of Service)(Mansfield, Alan) |
| Filing 37 JOINT REPORT Rule 26(f) Discovery Plan and Request to Continue Scheduling Conference ; estimated length of trial 15 days, filed by Plaintiffs Kevin Burwick, Heather Kimbrel.. (Attachments: # 1 Proof of Service)(Mansfield, Alan) |
| Filing 36 Certification and Notice of Interested Parties filed by Defendant Admob Inc, identifying Google, Inc.. (Page, Michael) Modified on 7/27/2011 (jp). |
| Filing 35 NOTICE of Appearance filed by attorney Peter H Day on behalf of Defendant Apple, Inc. (Day, Peter) |
| Filing 34 NOTICE of Appearance filed by attorney Teresa N Burlison on behalf of Defendant Apple, Inc. (Burlison, Teresa) |
| Filing 33 NOTICE of Appearance filed by attorney Bryan J Wilson on behalf of Defendant Apple, Inc. (Wilson, Bryan) |
| Filing 32 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) 26 . The following error(s) was found: Incorrect event selected. The correct event is: Appearance and can be found under Other Filings/Notices. It is imperative that the correct event is selected when filing a document so that the document reaches the correct department in a timely fashion. 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. (vh) |
| Filing 31 Summons & First Amended Complaint served with NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Heather Kimbrel, Kevin Burwick, upon Defendant Admarvel Inc acknowledgment sent by Plaintiff on 6/7/2011, answer due 8/6/2011. Acknowledgment of Service signed by Matthew Dean Brown, Attorney of Record. (Mansfield, Alan) |
| Filing 30 Summons & First Amended Complaint served with NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Heather Kimbrel, Kevin Burwick, upon Defendant Admob Inc acknowledgment sent by Plaintiff on 6/7/2011, answer due 8/6/2011. Acknowledgment of Service signed by Michael E. Page, Attorney of Record. (Mansfield, Alan) Modified on 7/27/2011 (jp). |
| Filing 29 DECLARATION of Michael H. Page Declaration of Lead Trial Counsel for Defendants Re: Compliance with General Order Authorizing Electronic Filing filed by Defendant Admob Inc. (Page, Michael) Modified on 7/27/2011 (jp). |
| Filing 28 DECLARATION of MICHAEL G. RHODES Declaration of Lead Trial Counsel re: Compliance with General Order Authorizing Electronic Filing filed by Defendant Admarvel Inc. (Rhodes, Michael) |
| Filing 27 CORPORATE DISCLOSURE STATEMENT AND NOTICE OF INTERESTED PARTIES filed by Defendant Admarvel Inc identifying Opera Software USA as Corporate Parent. (Brown, Matthew) |
| Filing 26 NOTICE OF APPEARANCE OF MICHAEL G. RHODES AND MATTHEW D. BROWN AS COUNSEL FOR DEFENDANT ADMARVEL, INC. filed by Defendant Admarvel Inc. (Brown, Matthew) |
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Filing 25
ORDER by Judge John F. Walter: granting 22 Application to Appear Pro Hac Vice by Attorney E. Kirk wood, Jr. on behalf of plaintiffs Kevin Burwick and Heather Kimbrel, designating Thomas D. Mauriello as local counsel. (se)
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Filing 24
ORDER by Judge John F. Walter GRANTING, including changes made by the Court, Stipulation for Extension of Deadline to Respond to First Amended complaint and to File Plaintiffs' Motion for Class Certification 23 : Deadline for parties to respond to FAC is extended to 8/6/11; the deadline for plaintiffs to file motion for class certification is extended to 9/21/11. (se)
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| Filing 23 Joint STIPULATION for Extension of Time to File Response to First Amended Complaint and Plaintiffs' Motion for Class Certification filed by Plaintiffs Kevin Burwick, Heather Kimbrel. (Attachments: # 1 Declaration of Alan M. Mansfield, # 2 Proposed Order, # 3 Proof of Service)(Mansfield, Alan) |
| Filing 22 APPLICATION for attorney E. Kirk Wood, Jr. to Appear Pro Hac Vice(PHV Fee of $275 receipt number 0973-8815692 paid.) filed by Plaintiffs Kevin Burwick, Heather Kimbrel. (Attachments: # 1 Proposed Order, # 2 Proof of Service)(Mansfield, Alan) |
| Filing 21 PROOF OF SERVICE filed by plaintiffs Kevin Burwick, Heather Kimbrel, re First Amended Complaint 20 and Amended Summons served on 6/14/2011 via email (see attached Service List). (jp) (jp). |
| Filing 20 FIRST AMENDED COMPLAINT against defendants Apple, Inc., Pandora Media, Inc., Admob Inc, Admarvel Inc amending Complaint 1 with JURY DEMAND, filed by plaintiffs Heather Kimbrel, Kevin Burwick. (jp) (Additional attachment(s) added on 6/16/2011: # 1 21 Days summons Issued) (jp). Modified on 7/27/2011 (jp). |
| 21 DAY Summons Issued re First Amended Complaint 20 as to defendants Admarvel Inc, Admob Inc, Apple, Inc., Pandora Media, Inc. (jp) Modified on 7/27/2011 (jp). |
| Filing 19 DECLARATION of Michael H. Page re Compliance with General Order Authorizing Electronic Filing filed by Defendant Pandora Media, Inc.. (Page, Michael) |
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Filing 18
MINUTE ORDER IN CHAMBERS by Judge John F. Walter: Counsel are hereby notified that a Scheduling Conference has been set for 8/15/2011 at 8:30 AM before Judge John F. Walter. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report and a ADR Program Questionnaire, on or before 8/1/2011. (jp)
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| Filing 17 Certificate of Interested Parties filed by Defendant Apple, Inc., identifying Apple Inc.. (McCabe, James) |
| Filing 16 DECLARATION of James F. McCabe Declaration of Lead Trial Counsel Re: Compliance with General Order Authorizing Electronic Filing filed by Defendant Apple, Inc.. (McCabe, James) |
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Filing 15
ORDER by Judge John F. Walter GRANTING Stipulation to Extend Time to Respond to Initial Complaint (By Not More Than 30 Days) 13 , and for good cause shown, the Court hereby GRANTS the requested extension and orders that Apple and Pandora haveuntil 6/16/2011 to respond to Plaintiff's initial complaint. (jp)
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| Filing 14 CERTIFICATE OF SERVICE filed by Defendant Apple, Inc., re Stipulation Extending Time to Answer (30 days or less) 13 served on May 13, 2011. (McCabe, James) |
| Filing 13 STIPULATION Extending Time to Answer the complaint as to Apple, Inc. answer now due 6/16/2011, re Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendant Apple, Inc.. (Attachments: # 1 Proposed Order)(McCabe, James) |
| Filing 12 Certification and NOTICE of Interested Parties filed by DEFENDANT Pandora Media, Inc., (Page, Michael) |
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Filing 11
ORDER by Judge John F. Walter DENIED Stipulation to Stay Case 10 . NO SHOWING OF GOOD CAUSE. (jp)
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| Filing 10 Joint STIPULATION to Stay Case pending MDL Petition and to Extend Time to Respond to Complaint filed by Plaintiffs Kevin Burwick, Heather Kimbrel. (Attachments: # 1 Proposed Order, # 2 Proof of Service)(Mansfield, Alan) |
| Filing 9 PROOF OF SERVICE Executed by Plaintiff Heather Kimbrel, Kevin Burwick, upon Defendant Pandora Media, Inc. served on 4/26/2011, answer due 5/17/2011. Service of the Summons and Complaint were executed upon Maria Sanchez, Authorized agent for CT Corporation, agent for service of process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Mauriello, Thomas) |
| Filing 8 PROOF OF SERVICE Executed by Plaintiff Heather Kimbrel, Kevin Burwick, upon Defendant Apple, Inc. served on 4/26/2011, answer due 5/17/2011. Service of the Summons and Complaint were executed upon Maria Sanchez, Authorized Agent for CT Corporation, Agest for Service of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Mauriello, Thomas) |
| Filing 7 Declaration of Lead Trial Counsel re complaince with General Order Authorizing E-Filing filed by Plaintiffs Kevin Burwick, Heather Kimbrel (Mansfield, Alan) |
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Filing 6
STANDING ORDER by Judge John F. Walter: READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES; Memoranda of Points and Authorities in support of or in opposition to motions shall not exceed 25 pages; replies shall not exceed 12 pages. Counsel are ORDERED to deliver 2 courtesy copies of all documents filed electronically in this action to Chambers. For each document filed electronically, one courtesy copy shall be marked CHAMBERS COPY and the other shall be marked COURTESY COPY. The courtesy copies shall be delivered to Chambers no later than 10:00 a.m. on the next business day after the document was electronically filed (see document for further details). (jp)
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| Filing 5 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to E Kirk Wood for Plaintiffs Kevin Burwick, Heather Kimbrel. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $275.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (et) |
| Filing 4 NOTICE TO PARTIES OF ADR PROGRAM filed. (et) |
| Filing 3 AFFIDAVIT OF VENUE by affiant: ALAN M MANSFIELD filed by Plaintiffs Kevin Burwick, Heather Kimbrel. (et) (mg). |
| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs Kevin Burwick, Heather Kimbrel. (et) (mg). |
| Filing 1 CLASS ACTION COMPLAINT against Defendants Apple, Inc., Does, Pandora Media, Inc. Case assigned to Judge John F. Walter for all further proceedings. Discovery referred to Magistrate Judge Michael R Wilner. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiffs Heather Kimbrel, Kevin Burwick.(et) (mg). |
| 21 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants Apple, Inc., Does 1-10, inclusive, Pandora Media, Inc. (et) |
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