Custodero vs. Apple, Inc.
| Frank Custodero |
| Apple Inc |
| 5:2021cv02397 |
| April 2, 2021 |
| US District Court for the Northern District of California |
| Edward J Davila |
| Personal Property: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Document Text |
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| Filing 22 Case transferred in from District of New York Northern; Case Number 5:20-cv-01320. Original file certified copy of transfer order and docket sheet received. |
| Filing 21 JPMDL ORDER TRANSFERRING CASE to Northern District of California for inclusion into MDL-2985 Apple Inc. App Store Simulated Casino-Style Games Litigation. Case to be assigned to the Hon. Edward J. Davila, U.S. District Judge. (plp) |
| Filing 20 JPMDL Hearing Session Order re: MDL2985 APPLE INC. APP STORE SIMULATED CASINO STYLE GAMES LITIGATION. (plp) |
| Filing 19 TEXT ORDER: granting #18 Letter Request. This case is stayed. Counsel are directed to notify the court when the motion to transfer is decided by the Judicial Panel on Multidistrict Litigation. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/27/2021. (nmk) |
| Filing 18 Letter Motion from Robert J. Alessi for Apple, Inc. requesting Joint Motion to Stay Proceedings submitted to Judge Hon. Andrew T. Baxter . (Alessi, Robert) |
| Filing 17 MOTION to Transfer Case Response to Motion due by 1/26/2021. Reply to Response to Motion due by 2/2/2021 filed by Apple, Inc. (Attachments: #1 Brief in Support, #2 Schedule of Actions, #3 Envelope) Motions referred to Magistrate Judge Andrew T. Baxter. (pjh, ) |
| Filing 16 TEXT ORDER: granting #15 Letter Request. The time for Apple, Inc. to answer or otherwise respond to the complaint is extended to 2/5/2021. A joint Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/12/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) The telephonic Rule 16 Conference is reset for 2/19/2021 at 10:30 AM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 1-877-873-8017 and enter access code 3362194 to connect to the conference. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/5/2021. (nmk) |
| Filing 15 Letter Motion from Robert J. Alessi (Counsel to Defendant Apple Inc.) and Wesley W. Barnett (Counsel to Plaintiff Frank Custodero) for Apple, Inc. requesting Extension of time for Defendant Apple Inc. to respond to the Complaint submitted to Judge Hon. Andrew T. Baxter . (Alessi, Robert) |
| Filing 14 NOTICE of Appearance by Jeffrey D. Kuhn on behalf of Apple, Inc. (Kuhn, Jeffrey) |
| Filing 13 TEXT ORDER: granting #7 and #8 Motions for Limited Admission Pro Hac Vice. Attorneys Wesley W. Barnett and Dargan M. Ware are hereby admitted to practice in this action on behalf of Frank Custodero. Counsel are hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Counsel are reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST FILED IN THIS ACTION or you will not receive electronic notifications in the case. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 12/10/2020. (nmk) |
| Filing 12 TEXT ORDER granting #9 Letter Request of defendant Apple, Inc. to extend the deadline to respond to the Complaint to 1/15/2021. The parties further agree that plaintiff shall have 60 days to oppose any motion filed by Apple in response to the Complaint, and Apple shall have 30 days to file a reply in response to such opposition. Signed by U.S. Magistrate Judge Andrew T. Baxter on 11/25/2020. (Baxter, Andrew) |
| Filing 11 Supplemental Admission documents re: #8 Motion for Limited Admission Pro Hac Vice,. (Lesser, Leonard) |
| Filing 10 Supplemental Admission documents re: #7 Motion for Limited Admission Pro Hac Vice,. (Lesser, Leonard) |
| Filing 9 Letter Motion from Apple Inc. for Apple, Inc. requesting Extension of time for Defendant Apple Inc. to respond to the Complaint submitted to Judge Hon. Andrew T. Baxter . (Alessi, Robert) |
| Notice of Filing Deficiency re: #7 Motion for Limited Admission Pro Hac Vice of Wesley W. Barnett. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Certificate of Good Standing that has been issued by a Court; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| Notice of Filing Deficiency re: #8 Motion for Limited Admission Pro Hac Vice Dargan M. Ware. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Certificate of Good Standing that has been issued by a Court; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| Filing 8 MOTION for Limited Admission Pro Hac Vice of Dargan M. Ware, Esq. Filing fee $100, receipt number ANYNDC-5313045. filed by Frank Custodero. (Attachments: #1 Declaration Dargan M. Ware Declaration with Certificate of Good StandingOGS, #2 Declaration Declaration of Sponsor, Leonard F. Lesser, #3 Exhibit(s) ECF Registration) Motions referred to Andrew T. Baxter. (Lesser, Leonard) |
| Filing 7 MOTION for Limited Admission Pro Hac Vice of Wesley W. Barnett Filing fee $100, receipt number BNYNDC-5313042. filed by Frank Custodero. (Attachments: #1 Declaration Declaration of Applicant with Certificate of Good Standing, #2 Declaration Declaration of Sponsor, Leonard F. Lesser, #3 Exhibit(s) ECF Registration) Motions referred to Andrew T. Baxter. (Lesser, Leonard) |
| Filing 6 Summons Issued as to Apple, Inc. (jmb) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS(ES): Frank Custodero is requesting summons(es) be issued as to #1 Complaint, (Lesser, Leonard) |
| Filing 4 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. (jmb) |
| Clerk notes that plaintiff's attorney was contacted for summonses for issuance. None were received, therefore the Clerk now directs the attorney to file a "Request for Issuance of Summonses" event in this case and attach the proposed summons in pdf format for this case once they are ready. Once filed, the Clerk will issue the summonses and file them in the case. Clerk also notes that the attorney selected 890 (Other Statutory Actions) for the nature of suit, but is not an option due to diversity. Clerk used 380 as the nature of suit. (jmb) |
| Filing 3 NOTICE OF ADMISSION REQUIREMENTS: as to Party Plaintiff; Attorneys' Wesley W. Barnett, Esq., D. Frank Davis, John E. Norris, Esq., and Dargan M. Ware, Esq., Telephone: 205.930.9900. Admissions due by 11/10/2020. {Copy served electronically upon Attorney Leonard Lesser and upon the four attorneys from David & Norris, LLP by regular mail, as no email addresses provided in closing of complaint for them} (jmb) |
| Filing 2 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 1/21/2021 10:30 AM before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/14/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jmb) |
| Filing 1 STATEWIDE CLASS ACTION COMPLAINT: against Apple, Inc. (Filing fee $400 receipt number ANYNDC-5290137) filed by Frank Custodero. (Attachments: #1 Exhibit - Copy of Complaint filed in the Northern District of California, #2 Civil Cover Sheet) (jmb) |
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| Plaintiff: Frank Custodero | |
| Represented By: | Leonard F. Lesser |
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| Defendant: Apple Inc | |
| Represented By: | Robert J. Alessi |
| Represented By: | Jeffrey D. Kuhn |
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