Sciacca v. Apple, Inc.
Plaintiff: Kenneth Sciacca
Defendant: Apple, Inc.
Case Number: 5:2018cv03312
Filed: June 4, 2018
Court: US District Court for the Northern District of California
Office: San Jose Office
County: XX US, Outside State
Presiding Judge: Nathanael M Cousins
Referring Judge: Lucy H Koh
Nature of Suit: Other Fraud
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 25, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 25, 2019 Filing 60 NOTICE of Voluntary Dismissal pursuant to FRCP 41(a)(1)(A)(i) by Kenneth Sciacca (Tang, Kolin) (Filed on 2/25/2019)
February 21, 2019 Filing 59 CLERK'S NOTICE resetting Further Case Management Conference to 6/19/19 at 2:00pm in San Jose Courtroom 8, 4th Floor. Joint Case Management Statement due by 6/12/19. (kedS, COURT STAFF) (Filed on 2/21/2019)
February 21, 2019 Opinion or Order Filing 58 Order Granting #57 Stipulation. Signed by Judge Lucy H. Koh on 2/21/19. (lhklc2S, COURT STAFF) (Filed on 2/21/2019)
February 20, 2019 Filing 57 STIPULATION Joint Stipulation Requesting Continuance of Case Management Conference and Stay of Discovery filed by Apple, Inc.. (Attachments: #1 Declaration of David R. Singh)(Singh, David) (Filed on 2/20/2019)
January 25, 2019 Opinion or Order Filing 56 Order by Judge Lucy H. Koh Granting #35 Motion to Dismiss. If Plaintiff elects to file an amended complaint, Plaintiff must do so within 30 days of this Order. If Plaintiff fails to file an amended complaint within 30 days or fails to cure the deficiencies identified in this order, the deficient claims or prayer for relief will be dismissed with prejudice. Plaintiff may not add new causes of action or new parties without stipulation or leave of the Court.(lhklc2S, COURT STAFF) (Filed on 1/25/2019) Modified on 1/28/2019 (ecgS, COURT STAFF).
January 14, 2019 Filing 55 CLERK'S NOTICE TAKING MOTION UNDER SUBMISSION WITHOUT ORAL ARGUMENT. The Motion to Dismiss, ECF No. #35 , before Judge Lucy H. Koh previously noticed for 1/17/2019 at 1:30 PM has been taken under submission without oral argument pursuant to Civ. L.R. 7-1(b). The 1/17/2019 hearing is VACATED. The Court to issue further Order on the submitted motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecgS, COURT STAFF) (Filed on 1/14/2019)
November 28, 2018 Filing 54 EXHIBITS re #53 Order on Stipulation Exhibit A to the ESI Stipulation and Order filed byApple, Inc.. (Related document(s) #53 ) (Singh, David) (Filed on 11/28/2018)
November 15, 2018 Opinion or Order Filing 53 ESI STIPULATION AND ORDER #52 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 11/15/2018)
November 14, 2018 Filing 52 STIPULATION WITH PROPOSED ORDER ESI Stipulation and [Proposed] Order filed by Apple, Inc.. (Singh, David) (Filed on 11/14/2018)
November 9, 2018 Opinion or Order Filing 51 Order Granting Stipulation to Extend Time for the Parties to Submit ESI Protocol. Signed by Judge Lucy H. Koh on 11/9/2018. (lhklc2, COURT STAFF) (Filed on 11/9/2018)
November 7, 2018 Filing 50 STIPULATION Requesting Extension of Time for the Parties to Submit ESI Protocol filed by Kenneth Sciacca. (Attachments: #1 Declaration of James C. Shah in Support of Joint Stipulation)(Shah, James) (Filed on 11/7/2018)
November 2, 2018 Filing 49 REPLY (re #35 MOTION to Dismiss Defendant Apple Inc.'s Notice of Motion and Motion to Dismiss Amended Complaint; Memorandum of Points and Authorities In Support Thereof ) filed byApple, Inc.. (Singh, David) (Filed on 11/2/2018)
October 25, 2018 Opinion or Order Filing 48 PROTECTIVE ORDER REGARDING THE DISCLOSURE AND USE OF DISCOVERY MATERIALS. Signed by Judge Nathanael Cousins on 10/25/2018. (lmh, COURT STAFF) (Filed on 10/25/2018)
October 24, 2018 Filing 47 STATUS REPORT Joint Update on Protective Order by Apple, Inc.. (Attachments: #1 [Proposed] Protective Order Regarding the Disclosure and Use of Discovery Materials)(Singh, David) (Filed on 10/24/2018)
October 19, 2018 Filing 46 OPPOSITION/RESPONSE (re #35 MOTION to Dismiss Defendant Apple Inc.'s Notice of Motion and Motion to Dismiss Amended Complaint; Memorandum of Points and Authorities In Support Thereof ) filed byKenneth Sciacca. (Tang, Kolin) (Filed on 10/19/2018)
October 17, 2018 Filing 45 PDF with attached Audio File. Court Date & Time [ 10/17/2018 1:38:15 PM ]. File Size [ 512 KB ]. Run Time [ 00:01:04 ]. (courtspeak).
October 17, 2018 Filing 44 PDF with attached Audio File. Court Date & Time [ 10/17/2018 1:06:42 PM ]. File Size [ 1312 KB ]. Run Time [ 00:02:44 ]. (courtspeak).
October 17, 2018 Filing 43 Minute Entry for proceedings held before Judge Nathanael M. Cousins. Hearing re Discovery Letter Brief Joint Statement Regarding Protective Order #36 held on 10/17/2018: Parties to continue their meet and confer and submit an update to this Court by 10/24/2018. Attorney for Plaintiff: Kolin Tang. Attorneys for Defendant: David Singh, Hong-An Tran. (FTR Time: 1:06pm-1:09pm/1:38pm-1:39pm.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 10/17/2018)
October 17, 2018 Opinion or Order Filing 42 ORDER Granting Stipulation to Extend Time for the Parties to Submit ESI Protocol. Signed by Judge Lucy H. Koh on 10/17/2018. (lhklc2, COURT STAFF) (Filed on 10/17/2018)
October 16, 2018 Filing 41 STIPULATION Requesting Extension of Time to Submit ESI Protocol filed by Kenneth Sciacca. (Attachments: #1 Declaration of James C. Shah in Support of Joint Stipulation Requesting Extension of Time to Submit ESI Protocol)(Shah, James) (Filed on 10/16/2018)
October 16, 2018 Filing 40 ***CLERK'S NOTICE ADVANCING HEARING DATE*** The previously scheduled Motion to Dismiss #35 is hereby ADVANCED to 1/17/2019 at 1:30 P.M. in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. (This is a text-only entry generated by the court. There is no document associated with this entry.)(iym, COURT STAFF) (Filed on 10/16/2018)
October 10, 2018 Filing 39 Proposed Order re 37 Clerk's Notice,, Set Motion and Deadlines/Hearings, by Apple, Inc.. (Attachments: #1 Proposed Order Proposed Protective Order Regarding the Disclosure and Use of Discovery Materials)(Singh, David) (Filed on 10/10/2018)
October 10, 2018 Filing 38 Proposed Order by Kenneth Sciacca. (Attachments: #1 Exhibit 1 Proposed Protective Order)(Tang, Kolin) (Filed on 10/10/2018)
October 9, 2018 Filing 37 CLERK'S NOTICE SETTING HEARING RE: Joint Statement Regarding Protective Order #36 . Hearing set for 10/17/2018 01:00 PM in San Jose, Courtroom 7, 4th Floor before Judge Nathanael M. Cousins. Each party is granted leave to file proposed protective order by 10/10. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 10/9/2018)
October 5, 2018 Filing 36 Discovery Letter BriefJoint Statement Regarding Protective Order filed by Apple, Inc.. (Singh, David) (Filed on 10/5/2018)
September 28, 2018 Filing 35 MOTION to Dismiss Defendant Apple Inc.'s Notice of Motion and Motion to Dismiss Amended Complaint; Memorandum of Points and Authorities In Support Thereof filed by Apple, Inc.. Motion Hearing set for 1/31/2019 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Responses due by 10/19/2018. Replies due by 11/2/2018. (Attachments: #1 Proposed Order)(Singh, David) (Filed on 9/28/2018)
September 27, 2018 Opinion or Order Filing 34 Order Granting #33 Stipulation Re Protective Order. Signed by Judge Lucy H. Koh on 09/27/18. (lhklc3S, COURT STAFF) (Filed on 9/27/2018)
September 26, 2018 Filing 33 STIPULATION re #32 Order Joint Stipulation Requesting Extension of Time for the Parties to Submit Protective Order filed by Apple, Inc.. (Attachments: #1 Declaration of David R. Singh)(Singh, David) (Filed on 9/26/2018)
September 5, 2018 Set/Reset Hearing pursuant to ECF No. #32 . Motion to Dismiss FAC set for 1/31/2018 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. (iym, COURT STAFF) (Filed on 9/5/2018)
September 5, 2018 Opinion or Order Filing 32 CASE MANAGEMENT ORDER. Signed by Judge Lucy H. Koh on 09/05/18. (lhklc3, COURT STAFF) (Filed on 9/5/2018)
September 5, 2018 Filing 31 NOTICE of Appearance by Hong-An Tran (Tran, Hong-An) (Filed on 9/5/2018)
September 5, 2018 Filing 30 Minute Entry for proceedings held before Hon. Lucy H. Koh: Initial Case Management Conference held on 9/5/2018 from 3:10-3:18 PM (8 minutes). A forthcoming Case Management Order will memorialize all relevant information, deadlines, and rulings from the Conference. A further Case Management Conference is set for 2/27/2019 at 2:00 PM in Courtroom 8, 4th Floor, San Jose. Seven days prior to the next CMC date, the parties shall file an updated Joint Case Management Statement, pursuant to Civil Local Rules 16-10(d). Court Reporter: Summer Fisher. Courtroom Deputy: Irene Mason. For Plaintiff(s): James C. Shah. For Defendant(s): David Ramraj Singh. For transcript requests please see: http://www.cand.uscourts.gov/transcripts#ORDERING (This is a text only Minute Entry; there is no document associated with this entry) (iym, COURT STAFF) (Date Filed: 9/5/2018)
September 5, 2018 Filing 29 ***CLERK'S NOTICE DELAYING START TIME OF 9/5/18 CMC CALENDAR***The September 5, 2018 CMC calendar will commence at 2:30 p.m. (This is a text-only entry generated by the court. There is no document associated with this entry.) (iym, COURT STAFF) (Filed on 9/5/2018)
August 31, 2018 Filing 28 AMENDED COMPLAINT against Apple, Inc.. Filed byKenneth Sciacca. (Tang, Kolin) (Filed on 8/31/2018)
August 29, 2018 Filing 27 CASE MANAGEMENT STATEMENT Joint Case Management Statement and F.R.C.P. Rule 26(f) Report filed by Apple, Inc.. (Singh, David) (Filed on 8/29/2018)
August 20, 2018 Opinion or Order Filing 26 Order by Judge Lucy H. Koh granting #25 Stipulation to Extend Briefing Schedule.(lhklc3, COURT STAFF) (Filed on 8/20/2018)
August 17, 2018 Filing 25 STIPULATION WITH PROPOSED ORDER re #21 MOTION to Dismiss Extension of Time for Plaintiff to Respond filed by Kenneth Sciacca. (Tang, Kolin) (Filed on 8/17/2018)
August 15, 2018 Filing 24 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Singh, David) (Filed on 8/15/2018)
August 15, 2018 Filing 23 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Tang, Kolin) (Filed on 8/15/2018)
August 13, 2018 Filing 22 NOTICE of Appearance by James C. Shah as counsel of record for Plaintiff (Shah, James) (Filed on 8/13/2018)
August 10, 2018 Filing 21 MOTION to Dismiss filed by Apple, Inc.. Motion Hearing set for 1/31/2019 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Responses due by 8/24/2018. Replies due by 8/31/2018. (Attachments: #1 Proposed Order)(Singh, David) (Filed on 8/10/2018)
July 11, 2018 Opinion or Order Filing 20 Order by Judge Lucy H. Koh granting #18 Motion for Pro Hac Vice.(lhklc3, COURT STAFF) (Filed on 7/11/2018)
July 11, 2018 Opinion or Order Filing 19 Order by Judge Lucy H. Koh granting #17 Motion for Pro Hac Vice.(lhklc3, COURT STAFF) (Filed on 7/11/2018)
July 6, 2018 Filing 18 MOTION for leave to appear in Pro Hac Vice of Allison Heather Semaya ( Filing fee $ 310, receipt number 0971-12490233.) filed by Apple, Inc.. (Semaya, Allison) (Filed on 7/6/2018)
July 6, 2018 Filing 17 MOTION for leave to appear in Pro Hac Vice of David J. Lender ( Filing fee $ 310, receipt number 0971-12490213.) filed by Apple, Inc.. (Lender, David) (Filed on 7/6/2018)
June 25, 2018 Filing 16 **CLERK'S NOTICE FOLLOWING CASE REASSIGNMENT TO THE HONORABLE LUCY H. KOH** Following the case reassignment to Hon. Lucy H. Koh, an Initial Case Management Conference is set for 9/5/2018 at 2:00 PM in Courtroom 8, 4th floor, in San Jose, California. A Joint Case Management Conference Statement is due 7 days before the scheduled conference date. See Civil L.R. 16-9 and Civil L.R. 16-10(a). The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. The parties shall familiarize themselves with the Scheduling Notes and Standing Orders for the Hon. Lucy H. Koh: http://cand.uscourts.gov/lhk. (This is a text only docket entry, there is no document associated with this notice.) (iym, COURT STAFF) (Filed on 6/25/2018)
June 25, 2018 Opinion or Order Filing 15 ORDER REASSIGNING CASE. Case reassigned to Judge Lucy H. Koh for all further proceedings. Judge Beth Labson Freeman no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Judge Executive Committee on 6/25/18. (Attachments: #1 Notice of Eligibility for Video Recording)(cfeS, COURT STAFF) (Filed on 6/25/2018)
June 25, 2018 Opinion or Order Filing 14 ORDER OF RECUSAL. Signed by Judge Beth Labson Freeman on 6/25/2018. (blflc4S, COURT STAFF) (Filed on 6/25/2018)
June 22, 2018 Opinion or Order Filing 13 ORDER REASSIGNING CASE. Case reassigned to Judge Beth Labson Freeman and Magistrate Judge Nathanael M. Cousins remains as the referral for all further proceedings. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Judge Executive Committee on 6/22/18. (Attachments: #1 Notice of Eligibility for Video Recording)(cfeS, COURT STAFF) (Filed on 6/22/2018)
June 21, 2018 Filing 12 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 6/21/2018)
June 20, 2018 Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Apple, Inc... (Singh, David) (Filed on 6/20/2018)
June 20, 2018 Filing 10 Corporate Disclosure Statement by Apple, Inc. (Singh, David) (Filed on 6/20/2018)
June 20, 2018 Filing 9 STIPULATION Joint Stipulation Extending Defendant's Time to Respond to Complaint filed by Apple, Inc.. (Singh, David) (Filed on 6/20/2018)
June 15, 2018 Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kenneth Sciacca.. (Tang, Kolin) (Filed on 6/15/2018)
June 7, 2018 Filing 7 SUMMONS Returned Executed by Kenneth Sciacca. Apple, Inc. served on 6/5/2018, answer due 6/26/2018. (Tang, Kolin) (Filed on 6/7/2018)
June 4, 2018 Filing 6 Summons Issued as to Apple, Inc.. (cv, COURT STAFF) (Filed on 6/4/2018)
June 4, 2018 Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/29/2018. Initial Case Management Conference set for 9/5/2018 10:00 AM in San Jose, Courtroom 5, 4th Floor. (cv, COURT STAFF) (Filed on 6/4/2018)
June 4, 2018 Filing 4 Case assigned to Judge Nathanael M. Cousins. 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. Consent/Declination due by 6/18/2018. (jmlS, COURT STAFF) (Filed on 6/4/2018)
June 4, 2018 Filing 3 Proposed Summons. (Tang, Kolin) (Filed on 6/4/2018)
June 4, 2018 Filing 2 Certificate of Interested Entities by Kenneth Sciacca (Tang, Kolin) (Filed on 6/4/2018)
June 4, 2018 Filing 1 COMPLAINT against Apple, Inc. ( Filing fee $ 400, receipt number 0971-12406209.). Filed byKenneth Sciacca. (Attachments: #1 Civil Cover Sheet)(Tang, Kolin) (Filed on 6/4/2018)

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Defendant: Apple, Inc.
Represented By: Allison Heather Semaya
Represented By: David J. Lender
Represented By: David Ramraj Singh
Represented By: Hong-An Tran
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Plaintiff: Kenneth Sciacca
Represented By: Kolin C. Tang
Represented By: James C. Shah
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