Lazebnik v. Apple Inc. Featured Case

Plaintiff Noam Lazebnik filed this class action lawsuit against Apple alleging the company intentionally misrepresented that the "Season Pass" for Season 5 of television show "Breaking Bad" included all 16 episodes for that season, when in fact it included only half of them.

Plaintiff: Noam Lazebnik
Defendant: Apple Inc.
Case Number: 5:2013cv04145
Filed: September 6, 2013
Court: California Northern District Court
Office: San Jose Office
County: Santa Clara
Presiding Judge: Edward J. Davila
Nature of Suit: Other Contract
Cause of Action: 28:1346
Jury Demanded By: Plaintiff

Docket Report

We have record of the following docket entries for this case:

Date Filed#Document Text
October 21, 2014 50 Featured Case ORDER GRANTING 49 Notice of Voluntary Dismissal filed by Noam Lazebnik. The Clerk shall close this file. ***ALL Deadlines terminated. Signed by Judge Edward J. Davila on 10/21/2014. (ecg, COURT STAFF) (Filed on 10/21/2014)
October 20, 2014 49 NOTICE of Voluntary Dismissal (Stipulated) by Noam Lazebnik (Wilson, Matthew) (Filed on 10/20/2014)
October 17, 2014 48 Joint Response to Order to Show Cause re: Settlement filed by Apple Inc.. (Weatherford, Victoria) (Filed on 10/17/2014) Modified on 10/17/2014 (cv, COURT STAFF).
September 23, 2014 47 Featured Case ORDER TO SHOW CAUSE RE SETTLEMENT. Stipulated Dismissal or Joint Statement due by 10/17/2014. Order to Show Cause Hearing set for 10/24/2014 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. All other pretrial deadlines and hearing dates are VACATED and any pending motions are TERMINATED. Failure to comply with any part of this Order will be deemed sufficient grounds to dismiss the action. Signed by Judge Edward J. Davila on 9/23/2014. (ecg, COURT STAFF) (Filed on 9/23/2014)
September 19, 2014 46 NOTICE by Apple Inc. Notice of Settlement and Stipulation and [Proposed] Order to Postpone Preliminary Pretrial Conference (Attachments: # 1 Declaration of Victoria Weatherford)(Weatherford, Victoria) (Filed on 9/19/2014)
September 18, 2014 45 Order Granting 44 Stipulation Extending Deadline to File Updated Preliminary Pretrial Conference Statement. Statement due 9/19/2014. Signed by Hon. Edward J. Davila on 9/18/2014.(ecg, COURT STAFF) (Filed on 9/18/2014)
September 16, 2014 44 Stipulation and [Proposed] Order Extending Deadline to File Updated Joint Preliminary Pretrial Conference Statement filed by Apple Inc.. (Attachments: # 1 Declarationof Victoria Weatherford, # 2 Certificate/Proof of Service) (Weatherford, Victoria) (Filed on 9/16/2014) Modified on 9/17/2014 (bwS, COURT STAFF).
August 29, 2014 43 Featured Case ORDER granting in part and denying in part 18 Motion for Judgment on the Pleadings. Signed by Judge Edward J. Davila on 8/29/2014. (ejdlc2, COURT STAFF) (Filed on 8/29/2014)
August 25, 2014 42 Featured Case ORDER GRANTING 41 STIPULATION WITH PROPOSED ORDER Extending Fact Discovery Deadline filed by Apple Inc., ***9/8/2014 Discovery Deadlines terminated. Fact Discovery due by 9/29/2014. Signed by Judge Edward J. Davila on 8/25/2014. (ecg, COURT STAFF) (Filed on 8/25/2014)
August 22, 2014 41 STIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Order Extending Fact Discovery Deadline filed by Apple Inc.. (Attachments: # 1 Declaration Victoria Weatherford)(Weatherford, Victoria) (Filed on 8/22/2014)
August 11, 2014 40 Featured Case ORDER CONTINUING PRELIMINARY PRETRIAL CONFERENCE. Joint Case Management Statement due by 9/16/2014. Pretrial Conference set for 9/26/2014 11:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 8/11/2014. (ecg, COURT STAFF) (Filed on 8/11/2014)
August 11, 2014 39 Proposed Order Agreed Protective Order and [Proposed] Order Regarding the Disclosure and Use of Discovery Materials by Apple Inc.. (Powers, Matthew) (Filed on 8/11/2014)
August 4, 2014 38 Joint Preliminary Pretrial Conference Statement) by Apple Inc.. (Powers, Matthew) (Filed on 8/4/2014) Modified on 8/5/2014,( incorrect event selected.) (cv, COURT STAFF).
May 19, 2014 37 Order Granting 36 Stipulation to Extend Case Management Conference Order Deadlines. Signed by Hon. Edward J. Davila on 5/19/2014.(ecg, COURT STAFF) (Filed on 5/19/2014)
May 16, 2014 36 STIPULATION WITH PROPOSED ORDER STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES IN CASE MANAGEMENT ORDER filed by Apple Inc.. (Attachments: # 1 Declaration Weatherford Declaration in Support of Stipulation)(Weatherford, Victoria) (Filed on 5/16/2014)
April 3, 2014 35 CERTIFICATION OF MEDIATION Session 3/21/2014, case not settled. Further facilitated discussions expected by 5/1/2014, mediation continuing. By Mediator, John Skelton, dated 3/21/2014. (af, COURT STAFF) (Filed on 4/3/2014)
March 18, 2014 34 CLERKS NOTICE TAKING MOTION UNDER SUBMISSION WITHOUT ORAL ARGUMENT. The Motion for Judgment on the Pleadings (Docket Item No. 18 ) before Judge Edward J. Davila previously noticed for 3/21/2014 at 9:00 AM has been taken under submission without oral argument pursuant to Civ. L.R. 7-1(b). The 3/2/1/2014 hearing is VACATED. The Court to issue further Order on the submitted motion. This is a text only docket entry, there is no document associated with this notice. (ecg, COURT STAFF) (Filed on 3/18/2014)
March 13, 2014 33 Letter from Nicholas A. DiCello Regarding Mediation. (DiCello, Nicholas) (Filed on 3/13/2014)
March 7, 2014 32 REPLY (re 18 MOTION for Judgment on the Pleadings Notice of Motion and Motion for Judgment on the Pleadings; Memorandum of Points and Authorities in Support Thereof ) filed byApple Inc.. (Powers, Matthew) (Filed on 3/7/2014)
February 26, 2014 31 Featured Case ORDER RE: ATTENDANCE AT MEDIATION. Signed by Judge Maria-Elena James on 2/26/2014. (cdnS, COURT STAFF) (Filed on 2/26/2014)
February 24, 2014 30 Order Denying 29 Stipulation to Extend Mediation Deadline. Signed by Hon. Edward J. Davila on 2/24/2014.(ecg, COURT STAFF) (Filed on 2/24/2014)
February 21, 2014 29 STIPULATION WITH PROPOSED ORDER Extending Deadline for Mediation Pursuant to ADR Local Rule 6-5 filed by Noam Lazebnik. (Boyle, Michael) (Filed on 2/21/2014)
February 7, 2014 28 RESPONSE (re 18 MOTION for Judgment on the Pleadings Notice of Motion and Motion for Judgment on the Pleadings; Memorandum of Points and Authorities in Support Thereof ) filed byNoam Lazebnik. (Boyle, Michael) (Filed on 2/7/2014)
February 6, 2014 Set/Reset Hearing Mediation Hearing set for 3/13/2014 at 09:00 AM at the Federal Building, 450 Golden Gate Avenue, San Francisco, CA. (cmf, COURT STAFF) (Filed on 2/6/2014)
January 21, 2014 27 Featured Case CASE MANAGEMENT ORDER. Based on the parties' Joint Case Management Statement and proposed schedule, the court has determined an appearance is unnecessary at this time. Accordingly, the 1/24/2014 Case Management Conference is VACATED and the parties are ordered to comply with the following schedule: The deadline for joinder of any additional parties, or other amendments to the pleadings, is sixty days after entry of this order. The parties shall contact the court's ADR Unit within 10 days of the date of this Order. Fact Discovery cutoff 6/10/2014. Last Date for filing Dispositive Motions due by 9/8/2014. Discovery cutoff 9/1/2014. Preliminary Pretrial Conference Statement due by 6/3/2014. Preliminary Pretrial Conference set for 6/13/2014 11:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Please see Order for further specifics. ***1/24/2014 CMC Deadlines terminated. Signed by Judge Edward J. Davila on 1/21/2014. (ecg, COURT STAFF) (Filed on 1/21/2014)
January 17, 2014 26 ADR Clerks Notice Appointing John Skelton as Mediator. (af, COURT STAFF) (Filed on 1/17/2014)
January 17, 2014 25 REPORT of Rule 26(f) Planning Meeting (JOINT). (Boyle, Michael) (Filed on 1/17/2014)
January 16, 2014 Set/Reset Deadlines as to 18 MOTION for Judgment on the Pleadings: Responses due by 2/7/2014. Replies due by 3/7/2014. (ecg, COURT STAFF) (Filed on 1/16/2014)
January 16, 2014 24 Order GRANTING 23 STIPULATION EXTENDING OPPOSITION AND REPLY DEADLINES TOAPPLE'S MOTION FOR JUDGMENT ON THE PLEADINGS. Signed by Hon. Edward J. Davila on 1/16/2014.(ecg, COURT STAFF) (Filed on 1/16/2014)
January 15, 2014 23 STIPULATION WITH PROPOSED ORDER EXTENDING OPPOSITION AND REPLY DEADLINES TO APPLE'S MOTION FOR JUDGMENT ON THE PLEADINGS filed by Apple Inc.. (Attachments: # 1 Declaration Of Victoria L. Weatherford In Support Of Stipulation And Proposed Order Extending Opposition And Reply Deadlines To Apple's Motion For Judgment On The Pleadings)(Weatherford, Victoria) (Filed on 1/15/2014)
January 14, 2014 22 Order Granting 20 Motion for Pro Hac Vice for Daniel Frech for Plaintiff. Signed by Hon. Edward J. Davila on 1/14/2014.(ecg, COURT STAFF) (Filed on 1/14/2014)
January 14, 2014 21 Order Granting 19 Motion for Pro Hac Vice for Attorney Nicholas A DiCello for Plaintiff. Signed by Hon. Edward J. Davila on 1/14/2014.(ecg, COURT STAFF) (Filed on 1/14/2014)
January 13, 2014 20 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-8289286.) Filing fee previously paid on 1/13/2014 filed by Noam Lazebnik. (Attachments: # 1 Certificate/Proof of Service Certificate of Good Standing)(Frech, Daniel) (Filed on 1/13/2014)
January 13, 2014 19 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-8289248.) filed by Noam Lazebnik. (Attachments: # 1 Certificate/Proof of Service Certificate of Good Standing)(DiCello, Nicholas) (Filed on 1/13/2014)
January 10, 2014 18 MOTION for Judgment on the Pleadings Notice of Motion and Motion for Judgment on the Pleadings; Memorandum of Points and Authorities in Support Thereof filed by Apple Inc.. Motion Hearing set for 3/21/2014 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 1/24/2014. Replies due by 1/31/2014. (Attachments: # 1 Proposed Order Proposed Order Granting Motion for Judgment on the Pleadings)(Powers, Matthew) (Filed on 1/10/2014)
December 26, 2013 17 Order Granting 16 Stipulation Extending Case Management Deadlines. Signed by Hon. Edward J. Davila on 12/26/2013.(ecg, COURT STAFF) (Filed on 12/26/2013)
December 23, 2013 16 STIPULATION WITH PROPOSED ORDER EXTENDING CASE MANAGEMENT DEADLINES filed by Apple Inc.. (Attachments: # 1 Declaration of Victoria L. Weatherford In Support of Stipulation and Proposed Order Extending Case Management Deadlines)(Weatherford, Victoria) (Filed on 12/23/2013)
December 23, 2013 15 AMENDED ANSWER to Complaint AND AFFIRMATIVE DEFENSES TO THE COMPLAINT by Apple Inc.. (Powers, Matthew) (Filed on 12/23/2013) Modified on 12/23/2013 (cv, COURT STAFF).
December 23, 2013 14 Featured Case ORDER granting 13 Stipulation selecting Mediation. Signed by Judge Edward J. Davila on 12/23/2013. (ejdlc1, COURT STAFF) (Filed on 12/23/2013)
December 20, 2013 13 STIPULATION and Proposed Order selecting Mediation by Apple Inc. filed by Apple Inc.. (Powers, Matthew) (Filed on 12/20/2013)
December 20, 2013 12 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR CERTIFICATION BY PARTIES AND COUNSEL (Powers, Matthew) (Filed on 12/20/2013)
December 2, 2013 11 ANSWER to Complaint - DEFENDANT APPLE INC.'S ANSWER AND AFFIRMATIVE DEFENSES TO THE COMPLAINT byApple Inc.. (Powers, Matthew) (Filed on 12/2/2013)
October 25, 2013 10 STIPULATION Joint Stipulation Under L.R. 6-1(a) Extending Defendants Time to Respond to Complaint filed by Apple Inc. Pursuant to Rule 6-1(a) of the Local Civil Rules of the United States District Court for the Northern District of California, it is hereby stipulated by and among Plaintiff and Defendant and through their counsel of records that Defendant Apple Inc. shall have an additional thirty (30) days, until December 2, 2013, in which to answer or otherwise respond to the Complaint. (Powers, Matthew) (Filed on 10/25/2013) Modified text on 10/28/2013 (ecg, COURT STAFF).
September 25, 2013 9 STIPULATION Joint Stipulation Under L.R. 6-1(a) Extending Defendants Time to Respond to Complaint filed by Apple Inc. Pursuant to Rule 6-1(a) of the Local Civil Rules of the United States District Court for the Northern District of California, it is hereby stipulated by and among Plaintiff and Defendant and through their counsel of records that Defendant Apple Inc. shall have an additional thirty (30) days, until October 31, 2013, in which to answer or otherwise respond to the Complaint. (Powers, Matthew) (Filed on 9/25/2013) Modified text on 9/25/2013 (ecg, COURT STAFF).
September 25, 2013 8 Certificate of Interested Entities by Apple Inc. Defendant Apple Inc.s Certificate of Interested Parties or Persons Pursuant to Civil Local Rule 3-16 (Weatherford, Victoria) (Filed on 9/25/2013)
September 11, 2013 7 SUMMONS Returned Executed by Noam Lazebnik. Apple Inc. served on 9/10/2013, answer due 10/1/2013. (Boyle, Michael) (Filed on 9/11/2013)
September 9, 2013 6 Summons Issued as to Apple Inc.. (cv, COURT STAFF) (Filed on 9/9/2013)
September 9, 2013 5 Proposed Summons. (Boyle, Michael) (Filed on 9/9/2013)
September 9, 2013 4 NOTICE of Appearance by Michael J. Boyle on behalf of Plaintiff Noam Lazebnik and all others similarly situated (Boyle, Michael) (Filed on 9/9/2013)
September 6, 2013 3 ADR SCHEDULING ORDER: Case Management Statement due by 1/3/2014. Case Management Conference set for 1/10/2014 10:00 AM in Courtroom 4, 5th Floor, San Jose. (cv, COURT STAFF) (Filed on 9/6/2013)
September 6, 2013 2 Case assigned to Hon. Edward J. Davila. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (haS, COURT STAFF) (Filed on 9/6/2013)
September 6, 2013 1 COMPLAINT against Apple Inc. ( Filing fee $ 400, receipt number 0971-7984077.). Filed byNoam Lazebnik. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Civil Cover Sheet)(Wilson, Matthew) (Filed on 9/6/2013)

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Defendant: Apple Inc.
Represented By: Matthew David Powers
Represented By: Victoria Leigh Weatherford
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Plaintiff: Noam Lazebnik
Represented By: Michael J. Boyle
Represented By: Matthew Ryan Wilson
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