Minkler v. Apple Inc Featured Case

Plaintiff Nancy Minkler alleges that Apple's Maps application in iOS (which the company admitted was flawed when it was released) violates a number of state and federal laws. She filed this class action lawsuit seeking both injunctive relief and money damages on behalf of the class of plaintiffs injured by the allegedly faulty application.

Plaintiff: Nancy Romine Minkler
Defendant: Apple Inc
Case Number: 5:2013cv05332
Filed: November 15, 2013
Court: US District Court for the Northern District of California
Office: San Jose Office
County: Los Angeles
Presiding Judge: Howard R. Lloyd
Nature of Suit: Tort Product Liability
Cause of Action: 15 U.S.C. § 2301
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on December 23, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 23, 2014 Opinion or Order Filing 39 JUDGMENT. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that judgment is entered in favor of Defendant. Signed by Judge Edward J. Davila on 9/23/2014. (ejdlc1S, COURT STAFF) (Filed on 9/23/2014)
September 23, 2014 Opinion or Order Filing 38 ORDER DISMISSING CASE. As of this date, Plaintiff has not filed an amended complaint or otherwise indicated a reason for not doing so. Accordingly, this case is DISMISSED WITH PREJUDICE for lack of prosecution pursuant to Federal Rule of Civil Procedure 41(b). Judgment will be entered in favor of Defendant and the Clerk shall close this file. Signed by Judge Edward J. Davila on 9/23/2014. (ejdlc1S, COURT STAFF) (Filed on 9/23/2014)
September 11, 2014 Opinion or Order Filing 37 ORDER SETTING DEADLINE TO FILE AMENDED COMPLAINT. The deadline for Plaintiff to file an amended complaint is 9/19/2014. Signed by Judge Edward J. Davila on 9/11/2014. (ejdlc1S, COURT STAFF) (Filed on 9/11/2014)
August 20, 2014 Filing 36 Order granting 24 Motion to Dismiss. For all reasons stated, Defendant's Motion to Dismiss will be GRANTED with leave to Amend. Signed by Hon. Edward J. Davila on 8/20/2014.(ejdlc3, COURT STAFF) (Filed on 8/20/2014) Modified text on 8/20/2014 (ecg, COURT STAFF).
July 15, 2014 Filing 35 CLERKS NOTICE TAKING MOTION UNDER SUBMISSION WITHOUT ORAL ARGUMENT. The Motion to Dismiss (Docket Item No. 24 ) before Judge Edward J. Davila previously noticed for 7/18/2014 at 9:00 AM has been taken under submission without oral argument pursuant to Civ. L.R. 7-1(b). The 7/18/2014 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 7/15/2014)
July 14, 2014 Opinion or Order Filing 34 ORDER VACATING CASE MANAGEMENT CONFERENCE. The court has determined an appearance is premature at this time. Accordingly, the Case Management Conference is VACATED. The court will reset the conference, if necessary, upon resolution of the motion to dismiss. ***7/18/2014 CMC Deadlines terminated. Signed by Judge Edward J. Davila on 7/14/2014. (ecg, COURT STAFF) (Filed on 7/14/2014)
July 11, 2014 Filing 33 JOINT CASE MANAGEMENT STATEMENT filed by Apple Inc. (Collins, Joseph) (Filed on 7/11/2014)
June 2, 2014 Filing 32 CLERKS NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 7/11/2014. Case Management Conference set for 7/18/2014 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon Edward J. Davila. All other deadlines associated with the initial case management conference are adjusted accordingly. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/ejdorders This is a text only docket entry, there is no document associated with this notice. (ecg, COURT STAFF) (Filed on 6/2/2014)
April 30, 2014 Filing 31 REPLY (re 24 MOTION to Dismiss Complaint ) in Further Support of Motion to Dismiss Complaint filed byApple Inc. (Collins, Joseph) (Filed on 4/30/2014)
April 4, 2014 Filing 30 RESPONSE (re 24 MOTION to Dismiss Complaint ) filed byNancy Romine Minkler. (Lynn, Joseph) (Filed on 4/4/2014)
March 26, 2014 Filing 29 Order Granting 28 Stipulation to Extend Briefing Schedule re Motion to Dismiss. Signed by Hon. Edward J. Davila on 3/26/2014.(ecg, COURT STAFF) (Filed on 3/26/2014)
March 26, 2014 Set/Reset Deadlines as to 24 MOTION to Dismiss: Responses due by 4/3/2014. Replies due by 4/30/2014. Motion Hearing (as previously set) for 7/18/2014 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. (ecg, COURT STAFF) (Filed on 3/26/2014)
March 25, 2014 Filing 28 STIPULATION WITH PROPOSED ORDER Enlarging Briefing Schedule filed by Nancy Romine Minkler. (Lynn, Joseph) (Filed on 3/25/2014)
March 3, 2014 Filing 27 Declaration of Alec Cierny in Support of 24 MOTION to Dismiss Complaint with Exhibit filed byApple Inc. (Related document(s) 24 ) (Collins, Joseph) (Filed on 3/3/2014)
March 3, 2014 Filing 26 Declaration of Scott Maier in Support of 24 MOTION to Dismiss Complaint filed byApple Inc. (Attachments: # 1 Exhibit 1 (a-b), # 2 Exhibit 2, # 3 Exhibit 3 (a-d))(Related document(s) 24 ) (Collins, Joseph) (Filed on 3/3/2014)
March 3, 2014 Filing 25 Request for Judicial Notice re 24 MOTION to Dismiss Complaint filed byApple Inc. (Related document(s) 24 ) (Collins, Joseph) (Filed on 3/3/2014)
March 3, 2014 Filing 24 MOTION to Dismiss Complaint filed by Apple Inc. Motion Hearing set for 7/18/2014 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 3/17/2014. Replies due by 3/24/2014. (Attachments: # 1 Proposed Order)(Collins, Joseph) (Filed on 3/3/2014)
February 21, 2014 Filing 23 STIPULATION Continuing Apple Inc.'s Time to Respond to Complaint filed by Apple Inc. Based on the foregoing and pursuant to Local Rule 6-1(a) of the Northern District of California, the parties, by and through their attorneys of record, hereby stipulate and agree to extend Apple's time to respond to the Complaint as follows: March 3, 2014 Apple's last day to file its pleading challenge. The parties further agree that this extension will not alter the date of any event or any deadline already fixed by Court order. (Hall, Paul) (Filed on 2/21/2014) Modified text on 2/24/2014 (ecg, COURT STAFF).
February 21, 2014 Filing 22 NOTICE of Appearance by Thomas Alexander Cierny (Cierny, Thomas) (Filed on 2/21/2014)
February 19, 2014 Filing 21 Order Granting 20 Motion for Pro Hac Vice for Joseph Collins for Apple Inc. Signed by Hon. Edward J. Davila on 2/19/2014.(ecg, COURT STAFF) (Filed on 2/19/2014)
February 18, 2014 Filing 20 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 9071-8384281.) Filing fee previously paid on 2/18/2014 filed by Apple Inc. (Attachments: # 1 Exhibit - Attachment A)(Collins, Joseph) (Filed on 2/18/2014)
February 14, 2014 Filing 19 CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT FROM MAGISTRATE JUDGE. Joint Case Management Statement due by 6/6/2014. Case Management Conference set for 6/13/2014 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. All other deadlines associated with the initial case management conference are adjusted accordingly by the parties. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/ejdorders This is a text only docket entry, there is no document associated with this notice. (ecg, COURT STAFF) (Filed on 2/14/2014)
February 14, 2014 Opinion or Order Filing 18 ORDER REASSIGNING CASE. Case reassigned to Hon. Edward J. Davila for all further proceedings. Magistrate Judge Howard R. Lloyd remains as the referral judge to the case. Reassignment Order signed by Executive Committee on 2/14/2014. (bw, COURT STAFF) (Filed on 2/14/2014)
February 14, 2014 Filing 17 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (pmc, COURT STAFF) (Filed on 2/14/2014)
February 13, 2014 Filing 16 Certificate of Interested Entities by Apple Inc - Defendant Apple Inc.'s Certification of Interested Entities or Persons (Hall, Paul) (Filed on 2/13/2014)
February 13, 2014 Filing 15 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options - ADR Certfication by Parties and Counsel (Hall, Paul) (Filed on 2/13/2014)
February 13, 2014 Filing 14 Statement - Defendant Apple Inc.'s Rule 7.1 Disclosure Statement by Apple Inc. (Hall, Paul) (Filed on 2/13/2014)
February 13, 2014 Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Apple Inc.. (Hall, Paul) (Filed on 2/13/2014)
February 13, 2014 Filing 12 NOTICE of Appearance by Paul James Hall, Esq on Behalf of Apple Inc. (Hall, Paul) (Filed on 2/13/2014)
February 7, 2014 Filing 11 CERTIFICATE OF SERVICE by Nancy Romine Minkler. SUMMONS Executed by Nancy Romine Minkler. Apple Inc served on 2/5/2014, answer due 2/26/2014. (Lynn, Joseph) (Filed on 2/7/2014) Modified on 2/10/2014 incorrect event selected when posting document (dhmS, COURT STAFF).
February 3, 2014 Filing 10 Ex Parte MOTION to Continue Case Management Conference filed by Nancy Romine Minkler. (Attachments: # 1 Proposed Order)(Lynn, Joseph) (Filed on 2/3/2014)
December 18, 2013 Filing 9 Summons Issued as to Apple Inc. (dhmS, COURT STAFF) (Filed on 12/18/2013)
December 17, 2013 Filing 8 Proposed Summons. (Lynn, Joseph) (Filed on 12/17/2013)
November 20, 2013 Opinion or Order Filing 7 ORDER by Magistrate Judge Howard R. Lloyd granting 6 Motion for Pro Hac Vice as to Donald W. Stewart. (hrllc2, COURT STAFF) (Filed on 11/20/2013)
November 19, 2013 Filing 6 MOTION for leave to appear in Pro Hac Vice Donald W. Stewart ( Filing fee $ 305, receipt number 0971-8165811.) Filing fee previously paid on 11/16/13 filed by Nancy Romine Minkler. (Lynn, Joseph) (Filed on 11/19/2013)
November 18, 2013 Opinion or Order Filing 5 ORDER by Magistrate Judge Howard R. Lloyd granting 2 Motion for Pro Hac Vice as to Joseph Paul Lynn. (hrllc2, COURT STAFF) (Filed on 11/18/2013)
November 18, 2013 Filing 4 ADR SCHEDULING ORDER: Case Management Statement due by 2/18/2014. Case Management Conference set for 2/25/2014 01:30 PM in Courtroom 2, 5th Floor, San Jose. (dhmS, COURT STAFF) (Filed on 11/18/2013)
November 18, 2013 Filing 3 Case assigned to Magistrate Judge Howard R. Lloyd. 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. (cjlS, COURT STAFF) (Filed on 11/18/2013)
November 15, 2013 Filing 2 First MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-8165814.) filed by Nancy Catherine Minkler. (Lynn, Joseph) (Filed on 11/15/2013)
November 15, 2013 Filing 1 COMPLAINT against Apple, Inc., No process. Jury demand ( Filing fee $ 400, receipt number 0971-8165810). Filed by Nancy Catherine Minkler. (Attachments: # 1 Civil Cover Sheet)(Lynn, Joseph) (Filed on 11/15/2013) Modified text on 11/18/2013 (dhmS, COURT STAFF).

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Plaintiff: Nancy Romine Minkler
Represented By: Joseph Paul Lynn
Represented By: Donald Wilber Stewart
Represented By: Gregory Donald Wolflick
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Defendant: Apple Inc
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